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Expand chart
Note: Pending cases equals removal, deportation, exclusion, asylum-only, and withholding only; Data: Dept. of Justice; Chart: Axios Visuals

The number of immigrants waiting on a judge to decide whether they can stay in the U.S. keeps climbing, according to Justice Department data.

Why it matters: Immigration-court backlogs "are basically crippling the whole system," Georgetown Law professor and former immigration judge Paul Schmidt told Axios.

By the numbers: On average, immigrants are waiting 727 days for decisions on their court cases — roughly twice as long as immigrants had to wait two decades ago, according to Syracuse University's Transactional Records Access Clearinghouse (TRAC) which gathered millions of court records.

The big picture: The long waits have resulted in many Central American families being released after crossing the border illegally, because it is nearly impossible for their cases to be decided on within the 20 day detention limit for children.

  • The backlog also incentivizes migration. Migrants can expect at least a few months in the U.S. before they have to show up to court, immigration experts said.

The Trump administration cited the growing backlog as a reason for new rules all but cutting off Central Americans from gaining asylum.

  • Migrants who are disqualified for asylum under the new rule will still have the chance to fight deportation in front of an immigration judge.
  • And many of the administration's actions — such as increasing ICE arrests and limiting judges' ability to dismiss low-priority cases — have made the problem worse, according to Schmidt.

How it works: There are 431 DOJ-appointed judges handling immigration cases, up from 289 in FY 2016, according to Justice Department data. The Trump administration has ramped up hiring for immigration judges and put pressure on them to work faster.

  • While they wait for their court date, asylum seekers, green-card applicants, immigrants arrested by ICE and others are either held in an ICE detention center, asked to pay bail or released, sometimes with an ankle bracelet or other monitoring device.

Go deeper

Mike Allen, author of AM
7 mins ago - Economy & Business

Small businesses see hiring as No. 1 worry

Illustration: Aïda Amer/Axios

Almost every small business owner in a Goldman Sachs survey is having trouble hiring — and two-thirds think the federal government has done too little to ease their hiring, supply-chain and inflation worries.

Why it matters: The Goldman Sachs research gives a vivid window into the continuing headwinds and hardship for entrepreneurs.

11 mins ago - World

NATO sends ships, fighter jets to eastern Europe over Russia threat

Service members of Russia's Eastern Military District units attend a welcoming ceremony as they arrive at unfamiliar training ranges in Belarus. Photo: Russian Defence Ministry/TASS via Getty Images

NATO said Monday it's sending more ships and fighter jets to eastern Europe due to Russia's buildup of troops near Ukraine.

Driving the news: "NATO Allies are putting forces on standby and sending additional ships and fighter jets to NATO deployments in eastern Europe, reinforcing Allied deterrence and defense as Russia continues its military build-up in and around Ukraine," per a NATO statement.

Updated 2 hours ago - World

State Department orders evacuation of U.S. diplomats' families from Ukraine

From left, undersecretary for political affairs Victoria Nuland, Secretary of State Antony Blinken and U.S. chargés d'affaires in Ukraine Kristina Kvien during a meeting with Ukrainian Prime Minister Denys Shmyhal in Kyiv. Photo: Yevhen Liubimov/ Ukrinform/Barcroft Media via Getty Images

The State Department will begin evacuating families and nonessential staff from the U.S. Embassy in Kyiv this week, according to a travel advisory published Sunday evening.

The latest: The United Kingdom's Foreign Office announced Monday it was also withdrawing some embassy staff and dependants from Ukraine's capital "in response to the growing threat from Russia," but added the British Embassy would remain open.

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