Conclusions and Discussion

EOIR receives referrals from the DHS in the form of Notices to Appear (NTAs). The number and type of cases referred to EOIR are the sole discretion of the DHS and have increased 278.72% since FY 2018.

FYs 2022 and 2023 data evidenced significant increases in new initial receipts, initial case completions, pending cases, asylum applications, and credible and reasonable fear applications, as compared to FY 2021. As an example, the volume of FY 2022 cases was 189.30% higher than FY 2021. The volume of FY 2023 initial case receipts exceeded the FY 2021 total by over 389.51%.

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 applications for relief were similarly notable, with relief cases increasing by 40.69% overall, while affirmative asylum cases decreased by 44.48% and defensive asylum cases increased by 96.95%. Finally, the proportion of 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%.

At the end of Quarter 2 of FY 2020, the COVID-19 pandemic functionally brought EOIR to a standstill, requiring quick decisions for appropriate paths forward in immigration adjudication. EOIR had to expeditiously respond and adapt to the way in which immigration policies and other immigration restrictions were implemented by the prior Administration.

EOIR is continuing to forge a robust and sustainable path forward while addressing the workload challenges it faces. Since FY 2017, the number of base cities increased by 21.66% (from 60 in FY 2017 to 73 at the end of FY 2023), including three Immigration Adjudication Centers (IACs). See Appendix I for the list of OCIJ courts.

The number of onboarded IJs increased by 117.16% (from 338 in FY 2017 to 734 at the end of FY 2023) and the number of court staff increased by 72.29% (from 1,151 in FY 2017 to 1,937 at the end FY 2023).^[1]

From FY 2019 to present, OIT has worked collaboratively with BIA and OCIJ to develop, deploy, and maintain ECAS, improving internal and external case communications and streamlining case applications and access for DHS attorneys and authorized representatives of respondents. Moving forward, EOIR is well positioned to hone internal tools to provide data-informed recommendations to inform EOIR leadership about (1) hiring decisions to keep immigration courts appropriately staffed to meet demand, (2) benefits and challenges of adjudicatory processes, and (3) addressing internal and external needs and responding appropriately. Additional information regarding implementation of this plan can be found in Appendix G: Strategic Plan Implementation.