Appendix B: Current Operating Environment

Each graph in Figures 3 through 9 is presented by fiscal year (FY 2018 through FY 2023) and Covid-19 pandemic status, of which there are three:

• Pre-pandemic era                    FY 2018 through FY 2020 Q2
• Pandemic era                          FY 2020 Q3 through FY 2021
• Post-peak pandemic era          FYs 2022 to present

At the end of Quarter 2 in FY 2020, the COVID-19 pandemic began to impact operations, marking the beginning of the pandemic era. Figure 3, on the next page, provides a visual representation of the data from the pre-pandemic era, the pandemic era, and the post-peak pandemic era.

These data show that between FY 2018 and FY 2019 (pre-pandemic era), the number of new initial receipts increased 73.13%, the number of initial and subsequent case completions increased 41.92% and the number of end-of-year pending cases increased 36.61%. The impact of the COVID-19 pandemic is seen in Figure 3 below, when, starting in mid FY 2020 through FY 2021, initial receipts sharply decreased by 33.97% and initial and subsequent case completions decreased by 41.99%. The lower number of cases continued through most of FY 2021.

Figure 3 also provides the actual post-peak pandemic era (FYs 2022 and 2023) initial receipts, initial case completions, subsequent case completions, and pending cases. The FY 2023 actual data show the number of immigration court cases climbing rapidly and exceeding the highest pre-pandemic era levels (FY 2019) by 118.11%.

Finally, the FY 2023 case volume, when compared to FY 2022 data specifically, shows that NTAs increased by 69.02% in a single year, bond hearing receipts decreased by 15.30%, initial and subsequent case completions increased by 66.49%, and pending cases increased by 37.67% overall.

The increases in application for relief were similarly startling, with relief cases increasing by 60.04% overall, while affirmative asylum cases decreased by 44.48% and defensive asylum cases increased by 96.95%. Credible Fear (CF) applications increased 61.74% and CF grants increased 7.78%. The proportion of reasonable fear (RF) applications increased 44.01% and RF grants increased by 2.95%.

Figure 3. Initial Receipts, Completions, and Pending Cases for FY 2018 through FY 2023

Figure 4. The Number of Credible and Reasonable Fear Decisions FY 2018 through FY 2023

To vacate a DHS Decision means that Credible or Reasonable fear was found in favor of the respondent.

To affirm a DHS Decision means that Credible or Reasonable fear were not found.

Source: https://www.justice.gov/eoir/page/file/1104856/download

Figure 4 above provides a visual representation of pre-pandemic era, pandemic era, and post-peak pandemic era data for credible fear (CF) and reasonable fear (RF) decisions. The data show that between FY 2018 and FY 2019 (pre-pandemic era), the number of all CF case decisions increased by 81.99%. From the start of the pandemic era, through FY 2021, “CF Found” decisions decreased by 36.27% while “RF Found” decisions decreased by 30.23%.

Figure 5. Number of Pending Cases between FY 2018 and FY 2022

Figure 5 on the left provides a visual representation of pending cases using both pre-pandemic era and pandemic era data. Figure 5 shows that the number of pending cases increased 209.22% between FY 2018 and FY 2023.

Source: https://www.justice.gov/eoir/page/file/1242166/download

Figure 6. The Number of Bond Cases Received and Completed FY 2018 through FY 2023

Figure 6 on the left provides a visual representation of received and completed bond hearings between FY 2018 and FY 2023. The number of bond hearings decreased 63.57%  between FYs 2018 and 2023.

Since FY 2021, the number of bond hearing completions remained steady, ranging from 29,651 to 38,295. Over those three fiscal years, case completion proportions averaged 98.82%.

Figure 7. The Number of Asylum Applications across FY 2018 through FY 2023

Figure 7 on the left shows that:

• The number of affirmative asylum applications received increased by 26.95% between FY 2018 and FY 2019 and then decreased by 35.89% in FY 2020.

• This decline in affirmative asylum cases continued through FY 2023, with an additional decrease of 73.29% compared to FY 2018. Defensive applications received increased 188.53% between FYs 2018 and 2023.

• The FY 2023 grant rate for affirmative asylum increased by 274.20% from FY 2021 through FY 2023, representing the highest level of grants across all fiscal years. The grant rate for defensive asylum increased by 140.79%, representing the highest level of grants across all fiscal years.                                         

Despite some challenges and complications, EOIR rose to meet the myriad challenges of the pandemic era by (a) supporting remote adjudication as well as telework for many staff, (b) providing resources to Immigration Judges (IJs) at OCIJ, Appellate Law Judges (ALJs) at BIA, and each of their support staff, and (c) continuously evaluating the state of safe operations in immigration courts and adjusting operations and practices as needed to reflect the relevant guidance at the time.