Washington, D.C.— Congressman Henry Cuellar (TX-28) secured $891,190,000 for the hiring of 100 new immigration judges with support staff through the Executive Office for Immigration Review. The funding will help reduce the backlog of immigration cases at the southern border and is a $157,190,000 increase from last year.
Each immigration judge is supported by one attorney, one legal assistant, and up to two other positions (additional legal assistant, interpreter, and other mission support staff). Additionally, Congressman Cuellar secured funding to ensure these additional immigration judges have adequate court space to conduct immigration court proceedings.
The funding was included in the FY22 Commerce, Justice, Science, and Related Agencies (CJS) Appropriations bill.
“Our backlogged immigration system is overburdened, underfunded, and reaching an unprecedented level of neglect. That’s why, as a border representative, I continue to fight for the necessary resources and funding to mitigate this backlog in a sensible and efficient manner,” said Congressman Cuellar. “The backlog has now exceeded 1.3 million pending cases nationally. Over 213,000 of those cases are in Texas. The number of immigration judges relative to the increase in incoming cases has caused extensive waiting periods, with an average wait time of 759 days; 793 days in Texas. This is not how a fair and equitable immigration system should run. “It’s critical that we continue to implement careful management: increasing the number of immigration judges, support personnel, and courtrooms. These are common-sense, democratic, and humanitarian solutions to the inflating number of migrants seeking asylum at the border. By employing more immigration judges, we can adequately adjudicate the individuals and families entering our country, shifting our immigration influx into an opportunity rather than a crisis. Promoting access to counsel, the rule of law, and enforcing due process is essential to America’s democracy, and I will keep supporting these ideals throughout the appropriations process. “I want to thank Appropriations Chairwoman Rosa DeLauro, Ranking Member Robert Aderholt, as well as Appropriations Commerce, Justice, Science Subcommittee Chairman Matt Cartwright for working with me to help address this critical issue.”
Securing New Immigration Judges
For years, Congressman Cuellar has made it a top priority to quickly place additional immigration judges into areas of highest workload, including communities along the Southwest border. He helped secure:
• In FY16, language hiring up to 55;
• In FY17, language hiring up to 10 judges;
• In FY18, language hiring up to 100 judges;
• In FY19, language hiring up to 50 judges;
• In FY20, language hiring up to 100 judges;
• In FY21, language hiring up to 100 judges;
• In FY22, language hiring up to 100 judges.
As of May 2021, EOIR has 533 immigration judges on board and is on pace to bring that total to 600 by the end of the fiscal year (34 immigration judges short of the funded level). In the funding bill, Congressman Cuellar also included language that encourages EOIR to hire immigration judges from a diverse array of candidates.
To see Congressman Cuellar's language in the Appropriations bill on securing new immigration judges at the southern border, click here.
Immigration Court Space
Congressman Cuellar has worked hard to secure new money for federal rental space to ensure there is adequate funding to support EOIR's acquisition of additional court space for immigration court hearings. Additionally, the Congressman included language in the final spending bill that encourages GSA to find new ways to rent or construct court space efficiently.
As of June 1, 2021, EOIR has 493 courtrooms and anticipates opening another 30 by the end of the Fiscal Year, bringing EOIR to a total of 523 courtrooms by September 30, 2021. EIOR estimates that they will bring on another 94 courtrooms during FY2022, bringing EIOR to 617 courtrooms by the end of FY2022. To see Congressman Cuellar's language in the Appropriations bill on increasing court space, click here.
Increasing Court-Efficiency Initiatives Congressman Cuellar secured language that encourages EOIR and the Department of Homeland Security (DHS) to explore the co-location of Department of Justice and Department of Homeland Security facilities with immigration-related responsibilities, including: immigration courts, United States Citizenship and Immigration Services (USCIS), and U.S. Customs and Border Protection (CBP).
As a senior member of the Appropriations Committee, Congressman Cuellar also supported language and a $55,628,000 increase in funding to support efficiencies that reduce the over 1.3 million case backlog. The increased funding would transcribe audio recordings for cases on appeal and scanning existing paper records into an electronic format. To see Congressman Cuellar's language in the Appropriations bill on increasing Court-Efficiency Initiatives, click here.
