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Executive Office for Immigration Review

Immigration Judge Staffing Issues



March 2,   2026

Immigration judge (IJ) staffing at the U.S. Department ofJustice's (DOJ's) Executive Office for
Immigration Review (EOIR; immigration courts) has long been insufficient to adjudicate its pending
caseload and keep up with the receipt of new immigration cases, particularly removal proceedings,
contributing to large backlogs in the immigration court system. These backlogs have been exacerbated by
record-high case receipts in recent years.
IUs, career employees within the executive branch, are attorneys appointed by the Attorney General. IJ
hiring is largely contingent on congressional appropriations. EOIR had steadily increased IJ hiring and
grown its IJ corps (i.e., total number of Is on staff) in recent years (Figure 1). In FY2023, EOIR hired
133 IUs, its largest annual number of hires. The IJ corps reached a high of 735 at the end of FY2024.
Since FY2025, the IJ corps has declined, with substantially higher than typical levels of departures.
Reportedly, some IUs have left EOIR under options for early retirement or deferred resignation while
others have been fired. CRS estimates that 115 IUs separated from EOIR in FY2025, the highest annual
number of separations since at least 2011 (see Figure 1 note for estimation methodology). In the first
quarter of FY2026, 88 IUs departed EOIR. EOIR has continued to hire IUs (14 in FY2025 and 11 FY2026
Q1), but not at a level to restore its staffing to the previous level.
By the end of FY2025, the IJ corps had declined to 634. At the end of the first quarter of FY2026, EOIR
had 557 IUs on staff, down nearly one quarter (178 IUs) from the peak staffing level in FY2024. This
number does not include temporary IUs (discussed below). The FY2025 reconciliation law (P.L. 119-21),
appropriated $3.33 billion to DOJ for several purposes, including to hire IUs and support staff. The law
authorizes EOIR for a staffing level of not more than 800 IUs, effective November 1, 2028.









                                                                Congressional Research Service
                                                                  https://crsreports.congress.gov
                                                                                      IN12664

CRS INSIGHT
Prepared for Members and
Committees of Congress