Which States Have the Biggest Immigration Court Backlogs?

 May 27, 2026 in Uncategorized

Immigration court delays affect people at some of the most important moments of their lives. A pending case may decide whether a person can stay in the United States, remain with family, keep working, or pursue safety after fleeing danger. When courts fall behind, families can spend months or years waiting for answers.

These delays can also create confusion. A person may have a strong case, but they may still feel stuck because the system is moving slowly. An immigration attorney can help explain what deadlines apply, what options may still be available, and how to prepare while a case is pending.

Top 5 States With the Biggest Immigration Court Backlogs

Immigration court backlogs are not spread evenly across the country. States with large immigrant communities, major cities, busy immigration courts, and high numbers of removal cases often have heavier caseloads. According to Newsweek, the states with the largest pending immigration court backlogs include:

1. Florida: 523,295 pending cases

2. Texas: 410,944 pending cases

3. California: 373,548 pending cases

4. New York: 338,388 pending cases

5. New Jersey: 223,871 pending cases

A backlog does not just mean that courts are occupied. It means real people may wait a long time for hearings, evidence review, and final decisions. During that wait, they may face uncertainty about work permits, travel, family stability, and long-term plans. 

How Are Employment-Based Visas Affected by Immigration Court Backlogs?

Employment-based visa cases are often handled through agencies such as USCIS, the Department of Labor, and U.S. consulates. They are not always handled directly in immigration court. Still, court backlogs can affect workers, employers, and families when removal proceedings overlap with a person’s immigration plans.

For example, a person may qualify for an employment-based path, but they may also have a pending court case. That can make the process more complicated. The court may need to decide whether the person can remain in the United States while another application is pending. Delays can also affect employers who are trying to keep skilled workers.

Backlogs may create problems with timing. Work authorization can expire. Job offers can become uncertain. Employers may lose patience or struggle with staffing needs. For workers, the stress can be intense. A person may be doing everything correctly, but they may still feel trapped by a slow system.

What the Immigration Court Backlog Means for Asylum-Seekers

For asylum-seekers coming to the United States, the immigration court backlog can mean a much longer wait before their claims are decided. People who request asylum may have to wait years for a full hearing, especially if their cases are placed in busy courts. During that time, their legal status may remain unresolved.

A backlog can also affect the evidence in an asylum case. Applicants may need documents from another country, statements from witnesses, proof of threats, medical records, police reports, or information about conditions in their home country. When cases take a long time, some evidence may become harder to find or verify.

The backlog can also affect work authorization. Many asylum-seekers must wait before they can apply for a work permit. If their cases are delayed, they may be able to remain in the United States while waiting, but that does not mean they will automatically receive permanent legal status or work authorization.

For asylum-seekers, a pending case can limit their ability to travel. Leaving the United States while an asylum case is pending can create serious legal problems. This means many applicants may be separated from family members for a long time while waiting for the courts to act.

In practical terms, the backlog creates uncertainty. A person may be allowed to stay in the United States while their asylum case is pending, but the final outcome may not be known for years. That delay can affect housing, employment, family planning, and long-term stability.

Who Else Is Affected by Backlogs in Immigration Court?

Immigration court backlogs affect more than people who are in removal proceedings. These backlogs can also affect families who are pursuing family-based green cards. A U.S. citizen or lawful permanent resident may file a petition for a spouse, parent, child, or sibling. In many cases, that process is handled outside of immigration court. However, when a family member is already in removal proceedings, their court case can shape what happens next. 

For example, a spouse of a U.S. citizen may have an approved family petition, but they may still need the immigration court to allow time for the green card process. A judge may need to decide whether the person can pursue an adjustment of status instead of removal. When the court calendar is crowded, even simple scheduling issues can stretch out for months.

Backlogs can also affect people seeking cancellation of removal, waivers, protection under the Convention Against Torture, or other forms of relief. Each case has its own rules. A delay may give some people more time to gather evidence, but it can also increase stress and uncertainty.