Immigration courts across the United States 🇺🇸 are now adding thousands of long-dormant immigration cases back to their dockets, a move that’s reshaping the lives of immigrants who have waited years for answers. This shift comes as the backlog of immigration cases has reached record highs, with more than 3.7 million pending cases by the end of 2024 and no sign of relief in sight.
A Growing Backlog and Dormant Cases Returning
The U.S. immigration court system is facing a crisis. By the end of 2024, the backlog of immigration cases had nearly tripled since 2020, jumping from about 1.3 million to over 3.7 million. In just one year, from 2023 to 2024, nearly 1 million new cases were added. As of mid-2025, the backlog remains above 3.4 million, with many people waiting more than two years—sometimes much longer—for their cases to be resolved.
A large part of this backlog is made up of asylum cases. Over 2 million asylum seekers are waiting for hearings, hoping for a chance to stay in the United States 🇺🇸 and build new lives. The problem is especially severe in big cities. For example, New York has 263,000 pending cases, Los Angeles has 207,000, Houston has 196,000, Miami has 172,000, and San Francisco has 160,000. These numbers show just how overwhelmed the system has become.
Now, in an effort to address this crisis, immigration courts are pulling old, dormant cases—some filed as far back as 2017 or earlier—back onto the active docket. This means that people who have been waiting in limbo for years are suddenly receiving notices for hearings or interviews. While this move aims to clear out old cases and bring more fairness to the process, it also adds to the pressure on already overworked courts.
Why Are Dormant Cases Being Reactivated Now?
The decision to reactivate dormant immigration cases is not always based on a formal policy. Instead, it’s a practical response to the growing backlog and pressure from advocacy groups, judges, and the public. Courts are trying to avoid leaving people in indefinite limbo, where their cases are neither resolved nor closed. By scheduling hearings for these older cases, courts hope to give everyone a fair chance at a decision.
Some courts and asylum offices are no longer strictly following the “last-in, first-out” (LIFO) approach, where the newest cases are heard first. Instead, they are mixing in older cases to prevent people from waiting forever. This change is partly due to advocacy groups pushing for more equitable treatment and partly because the backlog has become unmanageable.
Policy Changes and Enforcement Trends
Recent policy changes have also played a role in the current situation. The Department of Homeland Security (DHS) has taken a tougher stance on asylum claims, leading to a sharp rise in denial rates. In February 2025, 74% of asylum applications were denied, and in March 2025, the denial rate climbed to 76%. This reflects a broader trend of stricter enforcement and higher standards for asylum seekers.
Other policy tools, like the CBP-One app and the Circumvention of Lawful Pathways rule (in effect since May 11, 2023), have made it harder for asylum seekers to schedule and attend interviews. These changes have slowed down the process for many people and added to the delays in immigration court.
Despite efforts to hire more immigration judges, the backlog keeps growing. The sheer number of new cases, combined with older cases being reactivated, means that the system is struggling to keep up. As reported by VisaVerge.com, even with more judges and staff, the courts cannot process cases fast enough to reduce the backlog.
How Does This Affect Immigrants and Their Families?
For immigrants, the return of dormant cases to the docket is a double-edged sword. On one hand, people who have waited years for any news about their immigration cases are finally getting hearing dates. On the other hand, the volume of cases means that delays will continue, and many people still face years-long waits for a decision.
The average wait time for a hearing is now over two years in many courts, and in some places, it’s more than three years. This long wait can be devastating for families who are separated, people who cannot work legally, and those living with constant uncertainty.
One of the biggest challenges is the lack of legal representation. More than 67% of people in deportation proceedings do not have a lawyer. This makes it much harder for them to present their cases and increases the risk of negative outcomes. People with lawyers are far more likely to appear for their hearings (97% appearance rate) and to win the right to stay in the United States 🇺🇸 (77% success rate for those who entered without inspection and had legal help).
The reactivation of dormant cases also means that some people must quickly gather documents and prepare for hearings after years of waiting. This can be difficult, especially if important papers have been lost or if memories have faded over time.
Step-by-Step: What Happens When a Dormant Case Is Reactivated?
When an immigration court decides to reactivate a dormant case, the process usually follows these steps:
- Case Identification: The court or the Executive Office for Immigration Review (EOIR) identifies cases that have been dormant or administratively closed and are eligible for reactivation.
- Notice to Parties: The court sends notices to the immigrant (called the respondent) and their attorney, if they have one, informing them of upcoming hearings or interviews.
- Scheduling Hearings: The court schedules a hearing date for the case. These hearings are set alongside newer cases, so the court must balance its workload.
- Case Preparation: The respondent and their attorney prepare for the hearing. This can be challenging if the case is old, as evidence may be harder to find.
- Hearing and Adjudication: The immigration judge holds the hearing and makes a decision. The outcome could be a grant of asylum, an order of removal (deportation), or some other form of relief.
- Appeals and Motions: If either side disagrees with the decision, they can file an appeal or a motion to reopen the case if new evidence comes to light or if there were mistakes in the process.
This process is meant to give everyone a fair chance, but the reality is that the system is stretched thin, and delays are common at every stage.
Key Stakeholders and Their Roles
Several groups play important roles in the immigration court system:
- Executive Office for Immigration Review (EOIR): This agency manages the immigration courts and tracks the number of cases, wait times, and outcomes. EOIR regularly publishes statistics and reports on the state of the backlog.
- Immigration Judges and Court Staff: These professionals are under intense pressure to handle more cases with limited resources. Efforts to hire more judges are ongoing, but the need far outpaces the supply.
- Department of Homeland Security (DHS): DHS is responsible for enforcing immigration laws and often takes a tough stance on asylum and deportation cases.
- Advocacy Groups and Legal Experts: These groups push for reforms to make the system fairer and to provide legal help to more immigrants. They argue that universal legal representation would improve outcomes and reduce delays.
- Legal Aid Organizations: Many nonprofits and legal clinics offer free or low-cost help to immigrants facing long-pending cases.
Background: How Did the Backlog Get So Bad?
The immigration court backlog has been growing for more than a decade. Since 2012, the number of pending cases has risen steadily, but the pace picked up sharply in recent years. Several factors have contributed to this crisis:
- Increased Border Enforcement: More people are being placed into removal proceedings, adding to the number of cases.
- Expanded Filings: Changes in policy have led to more filings, especially for asylum.
- Limited Court Resources: There are not enough judges, courtrooms, or staff to handle the volume.
- COVID-19 Pandemic: The pandemic caused major disruptions in 2020 and 2021, closing courts and delaying hearings.
- Policy Shifts: Different administrations have changed enforcement priorities, but none have solved the backlog problem.
No matter who is in charge, the backlog has continued to grow, leaving millions of people waiting for answers.
What Does the Future Hold?
Experts warn that, without major changes, it could take more than 15 years to clear the current backlog of asylum cases alone—even if no new cases are added. This is an alarming prediction that shows just how deep the problem runs.
There are some efforts underway to address the crisis:
- Increased Funding and Hiring: EOIR and Congress are under pressure to provide more money and hire more judges. While this helps, it is not enough to keep up with the flood of new cases.
- Technological and Procedural Reforms: Some courts are trying to use technology to speed up case processing, such as virtual hearings and better case management systems.
- Legal Representation Initiatives: More cities and states are funding programs to provide lawyers for immigrants who cannot afford them. These programs have been shown to improve outcomes and reduce delays.
- Policy Changes: The rules around who can apply for asylum and how cases are handled at the border are still changing. These shifts could affect how many new cases enter the system and how quickly they are resolved.
Practical Guidance for Immigrants Facing Reactivated Cases
If you or someone you know receives a notice that a dormant immigration case has been reactivated, here are some steps to take:
- Read the Notice Carefully: Make sure you understand the date, time, and location of your hearing.
- Seek Legal Help: If you do not have a lawyer, try to find one as soon as possible. Many legal aid organizations offer free or low-cost help. Having a lawyer greatly increases your chances of success.
- Gather Documents: Collect any documents related to your case, including old notices, evidence, and identification papers. If you have lost documents, try to get replacements.
- Prepare for the Hearing: Work with your lawyer to prepare your case. Practice answering questions and make sure you know your story well.
- Stay Informed: Keep up with changes in immigration law and policy. Official resources like the EOIR’s website provide updates and information on court procedures.
Implications for Communities and the Nation
The backlog and the reactivation of dormant cases affect not just individuals, but entire communities. Families remain separated, children grow up in uncertainty, and local economies feel the impact when people cannot work legally. Schools, health providers, and social services also face challenges as they try to support people caught in the system.
At the national level, the backlog undermines trust in the immigration system and makes it harder to enforce the law fairly. It also puts enormous strain on judges, lawyers, and court staff, leading to burnout and high turnover.
Conclusion: The Need for Real Solutions
The reactivation of dormant immigration cases is a sign of a system under stress. While it offers hope to some who have waited years for a decision, it also highlights the urgent need for real solutions. More judges, better technology, and universal legal representation are all important steps, but they must be matched by broader reforms to reduce the backlog and ensure fairness for everyone.
As the United States 🇺🇸 continues to debate immigration policy, the lives of millions hang in the balance. For those facing hearings after years of waiting, the path forward is uncertain, but staying informed and seeking legal help can make a big difference. For more detailed statistics and ongoing updates, the EOIR’s official website remains a key resource for immigrants and advocates alike.
Analysis from VisaVerge.com suggests that unless the government takes bold action, the backlog will remain a defining challenge for the U.S. immigration system for years to come.
Learn Today
Dormant Cases → Immigration cases inactive or administratively closed but now being resumed for hearings and decisions.
Backlog → Accumulation of unresolved immigration cases pending in courts, causing delays for applicants.
Asylum Seeker → A person requesting protection in the U.S. because they fear persecution in their country.
EOIR → Executive Office for Immigration Review, agency managing U.S. immigration courts and case processing.
LIFO (Last In, First Out) → A case scheduling method where newest cases are heard before older ones.
This Article in a Nutshell
U.S. immigration courts face record backlogs, reactivating dormant cases from years ago. Delays exceed two years, creating hardships. Strict policies and limited judges worsen asylum applicants’ odds. Legal representation greatly improves chances. System reforms and increased resources are critical to address this growing crisis and deliver fair immigration outcomes.
— By VisaVerge.com
