President-elect Trump promised a mass deportation program, as early as his first day in office. Potential obstacles include funding for federal workers, new locations to hold those awaiting deportation, and the current immigration backlog in the courts. The current backlog is 3.6 million cases, as of November 2024.

Per U.S. law, prior to being deported, individuals must receive a final order of removal issued by an immigration court. With the highest backlog in the history of the American immigration system, the wait for a decision could extend to years. The backlog will only be exacerbated by the increase in cases caused by the Trump administration deportation program.

To reduce the backlog, additional funding to expand immigration courts and judges is required. Trump supporters are calling on Congress to pass additional funding in order to meet the demands of the mass deportation program. To date, additional funding has not been provided. There are currently around 700 immigration judges who determine final removal orders. In order to speed up deportation, additional courts and judges, and therefore funding, are required.

A bipartisan immigration bill introduced earlier in 2024 called for $440 million to fund more immigration judges. As Biden and Congress were preparing to pass that proposal, President-elect Trump took action to stop the passage of that bill. The bill did not move forward, and immigration became a cornerstone of debate during the 2024 Presidential election.

During the last fiscal year of the Biden presidency, the highest number of people were deported in a decade. A total of 271,484 immigrants were deported between October 1, 2023, and September 30, 2024. This is the highest number of removals since 2014 during the Obama administration.

The Trump administration stated a bill asking for funding to hire additional ICE officers and agents, and to increase their salaries, would be introduced. Further, funding to provide additional detention centers will be proposed. The administration also identified the U.S. military as a potential resource to support the mass deportation program.

The cases for individuals held in custody awaiting deportation are placed on the ‘detained docket’, which is given a higher priority. By moving more immigrants to detention centers, the removal process is accelerated. Currently, ICE funding supports up to 40,000 people in detention centers. Tom Homan, Trump’s appointed border czar, is looking for funding to hold a minimum of 100,000 people.

If you have questions about removal or any other U.S. immigration related matter, contact us at ILBSG. Our team of experienced attorneys work directly with our clients to ensure they get the right advice for their particular situations.

Deportation Immigration backlog