Fix the Immigration Courts, Fix the Future: Why America Must Expand and Modernize Its Immigration System—Now
By all measures that matter, America is failing its immigrants.
Our immigration court system, once envisioned as a mechanism of justice and compassion, is now a tangled bottleneck of backlogs, underfunding, and political dysfunction. Today, over 3.63 million cases are pending in immigration court. In some jurisdictions, the wait time for a hearing can stretch up to four years. Four years. For a person fleeing persecution or seeking legal residency to wait in limbo, unable to work, reunite with family, or find stability.
And still, some politicians ask, “Why are people coming here illegally?”
Did you know that when our grandparents or great-grandparents arrived in the United States, the immigration system was vastly different, simpler, less restrictive, and rooted in the idea of opportunity. Many came through Ellis Island or similar ports with little more than a health check and proof they weren’t a public charge. The process was far more accessible than it is today.
In contrast, the modern immigration system is a maze of bureaucratic red tape, arbitrary quotas, years-long backlogs, and country caps that make it nearly impossible for most people to immigrate legally, especially if they lack advanced degrees or family already here. What was once a relatively open door has become a fortress with a broken intercom, where even those playing by the rules are left in limbo.
So with all of the above in mind, let’s get one thing straight: The system isn’t broken because of immigrants. It’s broken because we’ve made it too complicated and have refused to fund and modernize the very courts that handle these cases. If we want order, dignity, and fairness in immigration, then we must build the infrastructure that makes that possible.
And that starts with immigration courts.
The Urgent Need to Fix Our Immigration Courts
Immigrants aren’t a burden, they’re our future. They are nurses, engineers, farmworkers, tech entrepreneurs, caregivers, small business owners, and students. They are raising families and paying taxes while waiting years for a decision from an overworked judge managing a docket of over 5,000 cases.
Our courts weren’t designed for this level of caseload. They weren’t built to manage a global humanitarian crisis while also being expected to operate like a functional judicial system, with limited independence, minimal tech support, and a shoestring budget.
Here’s the reality:
As of 2025, the U.S. has around 700 immigration judges across 71 courts.
Each judge is currently handling an average of 5,186 cases.
By contrast, federal district court judges average around 400 cases at any given time.
That is not sustainable. It is not fair. And it is certainly not just.
A Path Forward: A Realistic, Actionable Plan
Solving this problem isn’t impossible. It just requires political will, and a blueprint. Here's what that looks like:
1. Double the Number of Immigration Judges
Hire at least 700 additional judges over the next two years. That means expanding judicial recruitment pipelines, retired federal/state judges, experienced immigration attorneys, and law professors should be eligible.
Add 1,000+ court support personnel—including clerks, legal assistants, case coordinators, and trained interpreters.
The DOJ has estimated that it costs about $1.31 million per new immigration judge, including courtroom resources and staff. That means doubling the bench would cost roughly $917 million, which is less than 1% of the defense budget increase Congress just passed this year.
Let’s talk priorities. Trump’s golf weekends have already cost us around $190 million during his first and second terms, and he’s not done. Now add the $800 million price tag taxpayers are about to eat for related training platforms, spare parts, and extensive security upgrades of Trump’s private jet from the Middle East. That’s $1 billion we could’ve used to fix our immigration problems. Don’t tell me we can’t afford progress. We can, Republicans and their president are just choosing not to.
2. Modernize the Court System with Technology
Build and deploy a secure, centralized digital case management system that provides real-time updates to applicants, attorneys, and judges.
Use AI-assisted tools (ethically and securely) for background checks, biometric processing, and document verification.
Eliminate paperwork delays by digitizing filings, decisions, and notices.
Today, our immigration courts run on outdated tech. Case files are often still moved around in literal boxes. That's not just inefficient, it’s negligent.
3. Establish a National Immigration Judicial Council
Congress should establish an independent Article I Immigration Court with oversight protections.
This council would include representation from immigration judges, human rights advocates, the DOJ, DHS, and civil society organizations.
Immigration courts currently sit under the Department of Justice. That structure injects politics where there should be impartiality. An independent court would ensure fairer outcomes and insulate judges from political interference.
4. Pilot State-Federal Partnerships
Let states opt-in to help fund and streamline local immigration dockets. In return, provide federal grants and allow states to recruit local legal talent.
Incentivize law schools and nonprofits to create pro bono pipelines that feed directly into the immigration court system with mentorship and oversight.
Some of this is already happening on a small scale, but it needs federal support to scale up.
5. Use Executive Authority to Reduce Immediate Backlogs
Let’s be real, this won’t happen under Trump or any Republican in power right now. But it could work. It would work. If the people in charge stopped the fear-based thinking, ditched the excuses, and finally decided to lead with some damn common sense.
The President can direct DHS and DOJ to prioritize low-risk and humanitarian cases like family reunification, asylum-seekers, and minors.
Temporary judicial appointments, funding reallocations, and emergency orders can be issued without congressional delay.
While long-term reform requires legislation, the executive branch has wide authority to immediately shift priorities, allocate resources, and accelerate case resolution.
The Bigger Picture: Immigration Is a Solution, Not a Crisis
At a time when America’s birth rate has dropped to historically low levels, immigration is one of the only ways we maintain a growing, working-age population.
This matters for everything from Social Security to national innovation. Immigrants power our health care system. They feed our families. They care for our elderly. They start businesses. And yes, they pay taxes, billions in local, state, and federal taxes each year.
Immigration isn’t a threat to our future. It is our future.
And yet, as of 2025, only 21.6% of immigrants facing court proceedings have legal representation. Imagine walking into court, not speaking the language, with your entire future at stake, and no lawyer by your side. That’s not due process. That’s a disgrace.
What’s at Stake
The longer we delay, the more people suffer. The more talent we lose. The more American values we abandon.
The solution isn’t more detention centers or more razor wire. It’s more judges. It’s faster processing. It’s modernized infrastructure. And it’s a commitment to the values we claim to hold dear, fairness, dignity, and opportunity.
If Congress can write billion-dollar checks for wars, walls, and weapon systems, surely we can afford to fund the courts that determine whether a child gets to stay with her family, or is deported to danger.
Final Word: What We Need Now
We don’t need more chaos. We need clarity.
We don’t need more talking points. We need tangible reform.
And we don’t need more cruelty masquerading as policy. We need humanity, and we need it fast.
Let’s expand the courts. Hire the judges. Bring in the tech. Give immigrants a chance to be seen, heard, and judged fairly, because justice delayed isn’t just justice denied. It’s potential wasted. And it’s America falling short of its promise.
We can fix this.
Mitch Jackson, Esq. | links
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Immigrants Are Not the Problem—They’re the Promise
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