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According to new data from the Transactional Records Access Clearinghouse (TRAC), there are more than 3.3 million cases pending in U.S. immigration courts as of February 2026.
Think about that number for a moment.
More than 3 million people — families, workers, asylum seekers — are waiting for a decision that will determine whether they can stay in the United States or be forced to leave. And many of them will wait not months, but years.
In fact, more than 2.3 million of those cases involve asylum seekers, people who have come to the United States seeking protection from violence, persecution, or instability in their home countries. Yet, the narrative about immigration continues to focus on crime. The data, however, tells a very different story.
Only 1.64% of new immigration court cases involve any alleged criminal activity, beyond possible illegal entry. That means the overwhelming majority of people caught in this system are not criminals.
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