Democrats Demand Urgent Funding to Save Collapsing Immigration Courts
Led by Rep. Lizzie Fletcher, 72 House Democrats push for robust FY2026 budget to tackle 3.6M case backlog and counter Trump’s mass deportation agenda.
WASHINGTON — In a significant move to address the growing crisis in the U.S. immigration court system, Congresswoman Lizzie Fletcher, D-Texas, led a letter signed by 72 House Democrats urging robust funding for the Executive Office for Immigration Review (EOIR) in the upcoming FY2026 budget. The letter, sent to the powerful House Commerce, Justice, Science, and Related Agencies Appropriations Subcommittee, calls for immediate investment to help immigration courts withstand the strain of Trump’s renewed mass deportation push and ensure basic due process protections are upheld.
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At the heart of the request: the staggering 3.6 million case backlog plaguing the immigration courts—now cited by EOIR itself as the single greatest challenge to the system. Migrants seeking asylum, pregnant women, individuals with disabilities, and families are now waiting as long as seven years for a hearing. With Trump’s policy changes removing judges, gutting court resources, and fast-tracking deportations, advocates warn the system is being pushed to the brink.
“Currently, our immigration courts face a staggering backlog of more than 3.6 million active pending cases,” the lawmakers wrote. “This growing backlog impedes our immigration system, creating significant barriers for people legally seeking asylum… At a time when President Trump is making sweeping changes that threaten the fairness of our immigration courts, adequately funding EOIR is essential.”
The lawmakers are calling for the highest possible funding levels for EOIR, with specific direction that the money be used for:
Hiring additional immigration judges and full judge teams (including attorneys and court staff);
Modernizing case management systems, including digitization efforts;
Building and expanding courtroom space to meet growing demand;
Sustaining the Legal Orientation Program (LOP), which provides vital legal information to people in removal proceedings.
This is not the first time Fletcher has taken up this issue—she also led similar letters in 2022, 2023, and 2024. But the stakes are higher than ever in 2025 as Trump pushes an aggressive deportation plan under Project 2025, which includes using emergency powers and military force to deport undocumented immigrants en masse—with little or no access to a fair hearing.
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Compounding the problem, under Trump’s current administration, EOIR has seen cuts to leadership and personnel, including the termination of over 20 immigration judges without cause and forced resignations of over 100 court professionals. One-quarter of immigration courts now operate without permanent leadership or enough judges to keep up.
“Instead of fixing the backlog, the administration is making it worse,” said one congressional aide close to the effort. “We’re asking Congress to do what the executive won’t—ensure the courts have the tools to function fairly.”
The lawmakers argue that the immigration court crisis is not just a bureaucratic failure—it’s a moral one. “It is crucial that Congress continues to support and invest in EOIR to ensure a well-functioning immigration system that adjudicates our laws consistent with our values,” the letter reads.
While some House Republicans have pushed to slash EOIR’s funding as part of broader cuts to immigration-related agencies, this effort underscores a growing Democratic strategy: protect the legal infrastructure from collapse and resist efforts to strip migrants of access to justice. With deportations accelerating and court access shrinking, the demand is simple: fund due process.
📄 You can read the full letter from Rep. Fletcher and her colleagues here.