Congress Proposes Legislation to Establish Independent Immigration Court System

3.8 million cases were pending in U.S. immigration courts as of early 2025 — the largest backlog in the system's history

Immigration courts had roughly 25% fewer judges in early 2026 than in early 2025 — dropping from 726 to approximately 520 permanent judges

Immigration judges are appointed by the Attorney General and serve as DOJ employees — not as independent federal judges — and can be directed on how to handle cases

H.R. 7836 was introduced on March 5, 2026 with 3 cosponsors — all Democrats — and has been referred to two House committees

In FY2024, immigration courts completed a record 701,749 cases — but received an average of 148,663 new cases per month, meaning intake outpaced completions by more than 2-to-1