On September 12, the Executive Office for Immigration Review (EOIR) of the US Department of Justice released the latest policy memorandum PM 25-47, instructing immigration courts across the country to significantly expedite the processing of cases and establish a series of clear performance evaluation indicators to address the ongoing high backlog of cases.
In a recent update on his law firm’s social media channel, immigration attorney Chen Chuangchuang from New York and California highlighted the significant impact of the new policy on immigration applicants – cases will be accelerated, and preparation time will be reduced. Attorneys and clients must prepare earlier and more thoroughly to handle impromptu court appearances.
The document, signed by acting EOIR Director Sirce E. Owen, titled “Case Priorities and Immigration Court Performance Measures,” replaces the 2018 requirement for each immigration judge to close at least 700 cases per year. The EOIR states that this numerical evaluation is no longer necessary as the average case closure rate per judge in the 2024 fiscal year was close to 1000 cases. The new regulation will focus on overall performance metrics rather than a single quota.
The new policy prioritizes three types of cases for expedited processing: 1. Detainee cases; 2. Cases with statutory or regulatory deadlines, such as credible fear interviews, expedited removal cases; 3. Special cases designated as priorities, such as asylum cases for recently arrived families. The EOIR emphasizes that judges still have some discretion in scheduling, but the system as a whole must speed up.
Appendix A of the document sets forth specific “Five Court Performance Indicators” aimed at reducing case backlog, avoiding indefinite delays, and enhancing the timeliness and fairness of case processing, including:
1. Detainee cases: 95% to be completed within 60 days.
2. Non-detainee cases: 95% to be completed within 365 days.
3. Motion processing: 95% to be decided within 30 days.
4. Bond hearings: 95% to be held within 5 days.
5. Scheduled large hearings: 95% to be completed on the initially scheduled hearing date.
The EOIR reiterates the importance of continuing to reduce case backlog, improve efficiency, and uphold judicial fairness. Judges are urged to adjudicate cases promptly while ensuring due process.
Attorney Chen Chuangchuang reminds individuals to prepare early – evidence, witnesses, expert opinions, and legal arguments should be readily available for immediate use. Once detained, preparation becomes more challenging as processes move rapidly, with only a two-month window before completing a large hearing. Recent cases of immigrants being taken into custody in states like California have seen expedited timelines, underscoring the critical importance of early preparation.
Furthermore, Chen Chuangchuang notes that immigration courts have significantly reduced backlog recently and expects a significant decrease in both detainee and total pending cases in the coming year. Judges are also issuing a substantial number of written decisions (granting relief, denial, termination, or voluntary departure) without the need for a court appearance. Many judges are proactively scheduling hearings earlier (increasing instances of hearings scheduled within a few months), and under the pressure of the “95% deadline,” the likelihood of venue changes or extensions being granted has decreased.