Only 1.64% of the new cases presented to immigration courts They included allegations of criminal activity during the first three months of fiscal year 2026.
In other words, almost 99 out of every 100 people with immigration cases had not committed any crime beyond a possible irregular entry into the country.
The fact, which coincides with the fact that The vast majority of those detained by ICE have no criminal record., arises from a recent analysis of Transactional Records Access Clearinghouse (TRAC), a research center at Syracuse University that examines official records of the federal government.
The figure adds an important nuance to the political debate surrounding immigration and public safety. Although the president claimed to be pursuing “the worst of the worst,” in the vast majority of new deportation proceedings initiated in the last quarter, the government did not allege any additional criminal activity in its formal charges.
A system with more than 3 million pending cases
Beyond the nature of the charges, the immigration justice system continues to face a historical burden.
By December 2025, there were 3.38 million pending active cases in immigration courts. That figure includes proceedings of deportation and other immigration procedures that have not yet been resolved.
During the first three months of fiscal year 2026 (October to December 2025), the courts received 130,642 new cases and completed 193,858, according to TRAC.
Activity in immigration courts (first quarter FY 2026)
| Category | Number of cases |
| New cases received | 130,642 |
| Completed cases | 193,858 |
| Total pending cases (Dec. 2025) | 3,380,000 |
Although more cases were resolved during that period than were received, the accumulated volume from previous years keeps the backlog at unprecedented levels.
The impact of asylum on judicial delays
Of the 3.38 million pending cases, 2.34 million correspond to people who submitted formal applications for asylum and are awaiting a hearing or decision.
That is, approximately two out of every three active cases in immigration courts are linked to protection requests.
Pending cases by type (December 2025)
| Case type | Pending cases |
| Asylum applications | 2,340,000 |
| Other immigration procedures | 1,040,000 |
| Total | 3,380,000 |
Asylum cases often require individual hearings, the presentation of evidence and extensive testimony, which contributes to the prolongation of the processes.
Recent results: deportation orders and relief
In December 2025, immigration judges completed 57,531 cases.
From them:
- 38,215 ended up in deportation orders.
- 7,359 concluded with voluntary departures.
Taken together, those decisions represent a combined rate of 79.2% of outcomes involving leaving the country among the cases completed that month.
In that same month, some type of immigration relief was granted in just 1,455 cases, including 701 asylum grants.
Results of completed cases (December 2025)
| Result | Number of cases |
| Deportation orders | 38,215 |
| Voluntary departures | 7,359 |
| Combined deportation rate | 79.2 % |
| Relief granted (total) | 1,455 |
| — of which asylum | 701 |
Limited access to legal representation
One of the most worrying findings is the level of legal representation. In December 2025, only 26.7% of people had a lawyer at the time their deportation order was issued, according to TRAC.
Legal representation (December 2025)
| Category | Percentage |
| With a lawyer present when the order is issued | 26.7 % |
| no lawyer | 73.3 % |
Immigration proceedings are civil in nature, not criminal. This means that the government is not obligated to provide a lawyer if the person cannot afford one.
Previous studies have shown that having legal representation significantly increases the chances of obtaining immigration relief.
Nationalities with the most deportation orders
During the first three months of fiscal year 2026, through December 2025, deportation orders were issued primarily against people originating from Latin American countries.
Deportation orders by nationality (FY 2026, through Dec. 2025)
| Nationality | Deportation orders |
| Mexico | 33,830 |
| Guatemala | 19,169 |
| Honduras | 18,746 |
| Venezuela | 14,679 |
| Colombia | 9,328 |
Mexicans top the list, followed by Guatemalans and Hondurans.
Related: They announce the end of the immigration operation in Minnesota
Bail Hearings
During the same period, judges held 15,540 hearings bailIn 4,062 of those cases, release on bail was granted.
Bail hearings (FY 2026, through Dec. 2025)
| Category | Number |
| Hearings held | 15,540 |
| Bonds granted | 4,062 |
Bail decisions determine whether a person can face their trial while free or remains in custody while their case proceeds. The figures show that the vast majority were unable to exercise their right to await the final decision while free.
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