TRAC-Reports
Government Fails To Detain Noncitizens Referred to Immigration Court
(27 Jun 2025) TRAC has released its analysis of the latest case-by-case Immigration Court records. These recently received court records were updated through the end of May 2025. This email summarizes our latest findings posted on our Quick Facts webpage at: https://tracreports.org/immigration/quickfacts/eoir.html. Our public dashboards also updated through the end of May allow the public to drill in deeper into these data at: https://tracreports.org/immigration/tools/.

This email highlights what has been happening during the first four full months of the Trump presidency – February, March, April, and May 2025.

Government Promises Not Kept: Court data show that even after Trump officials closed the border, vowed not to allow anyone in and to immediately detain anyone not legally in the country caught inside the U.S., Immigration Court records show that this has not happened. While there was an immediate and sharp drop in ICE referrals to the Immigration Court, new referrals did keep arriving and many noncitizens were released into the community rather than detained. Between February and May, records show that the number of non-detained individuals released into the community has increased by 35 percent. Actual numbers released and not detained increased from 13,227 in February to 17,906 in May.

Minority Detained. Overall, only about one in three (36%) were detained during these four months, and the proportion detained has dropped from 42 percent in February to 35 percent in May 2025.

Highlights from data updated in TRAC's Immigrant Court Quick Facts tool show that:

  • At the end of May 2025, 3,546,863 active cases were pending before the Immigration Court.
  • At the end of May 2025, out of the total backlog of 3,546,863 cases, 2,172,653 immigrants have already filed formal asylum applications and are now waiting for asylum hearings or decisions in Immigration Court.
  • Immigration Courts recorded receiving 401,661 new cases so far in FY 2025 as of May 2025. This compares with 605,311 cases that the court completed during this period.
  • According to court records, only 1.42% of FY 2025 new cases sought deportation orders based on any alleged criminal activity of the immigrant, apart from possible illegal entry.
  • Miami-Dade County, FL, has the most residents with pending Immigration Court deportation cases (as of the end of May 2025).
  • Out of 68,016 Immigration Court deportation cases completed in May 2025, immigration judges issued 46,615 removal orders and gave voluntary departure to an additional 2,515 immigrants, meaning that deportation was ordered in 72.2% percent of all cases.
  • Out of 3,369 Immigration Court cases in which some form of relief was granted in May 2025, asylum was granted for 2,424 immigrants (72.0%) following their merit hearings.
  • Among Immigration Court cases completed in May 2025, immigrants in Montana had the highest proportion ordered removed. Rhode Island residents had the lowest proportion ordered removed.
  • Only 23.4% of immigrants, including unaccompanied children, had an attorney to assist them in Immigration Court cases when a removal order was issued in May 2025.
  • So far in FY 2025 (through May 2025), immigrants from Mexico top list of nationalities with largest number ordered deported.

TRAC’s Immigration Quick Facts provides the latest data on immigrant detention, immigration court cases, and immigration prosecutions in federal court. Each page includes several key data points alongside a graphic or table, a short description for context, and a link to more data. Click here to see more about TRAC's entire suite of immigration tools.



TRAC is a self-supporting, nonpartisan, and independent research organization specializing in data collection and analysis on federal enforcement, staffing, and spending. We produce multiple reports every month on critical issues, and we also provide comprehensive data analysis tools.
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