WASHINGTON — The U.S. immigration court system is facing a growing backlog of appeals as the Department of Justice has reduced the size of the Board of Immigration Appeals (BIA), the nation’s highest administrative immigration tribunal, by nearly half, according to government records and court data reviewed in 2026.
The BIA, which reviews decisions issued by immigration judges nationwide, was reduced from 28 authorized appellate immigration judges to 15 members in 2025 under a rule issued by the Justice Department. The department said at the time that available data did not conclusively show that a larger board increased case adjudications.
At the same time, the number of pending appeals has continued to rise. Justice Department records cited in federal rulemaking documents showed the board’s pending caseload had grown from roughly 37,000 appeals in fiscal year 2015 to more than 200,000 by the end of fiscal year 2025. Officials described the caseload as unprecedented and said reforms were needed to address delays.
In February, the department issued an interim final rule granting the BIA broader authority to decline review of certain appeals and streamline case processing. The Executive Office for Immigration Review, which oversees immigration courts, said the changes were intended to improve efficiency and help manage the growing volume of cases.
“The data available do not conclusively demonstrate that the increased Board size will lead to increased case adjudications,” the Justice Department said in earlier rulemaking documents explaining the reduction in board membership.
Immigrant advocacy groups and legal organizations have criticized the changes, arguing that reducing the board’s size while limiting appellate review could affect due process protections for migrants seeking to challenge removal orders. The American Immigration Council said the measures would effectively curtail review of many immigration judge decisions, while other legal advocates have raised concerns about access to appeals.
Supporters of the reforms, including immigration enforcement advocates, have argued that many appeals are filed primarily to delay removals and that faster adjudication is necessary as immigration courts confront millions of pending cases nationwide.
The Justice Department has also expanded hiring of immigration judges in 2026 as part of broader efforts to address court backlogs. Nevertheless, appeals remain elevated, and the Board of Immigration Appeals continues to operate with 15 members while implementing new procedures intended to reduce delays, according to Justice Department records and public filings.
