Recently released data from the Customs and Border Protection agency reveals a significant surge in apprehensions along the southern border, with a notable 36-percent increase observed from July to August. This uptick follows the implementation of policies by the Biden administration aimed at curbing illegal border crossings after the termination of Title 42.
Raed Gonzalez, an immigration attorney based in Houston, expressed concern about the ongoing situation, asserting that it appears unlikely to subside without congressional action. Simply allocating more resources and enforcing border security, he argued, would not address the underlying factors driving migrants to cross the border unlawfully.
Gonzalez emphasized the need to address the root causes, stating, “What else would you do if you’re in a situation where narco-organizations come to your home and force you out, threatening your life if you speak up? What options do you have?”
The increase in apprehensions has led to a historic backlog in immigration courts, with 2,596,310 pending cases reported as of August, according to data from the Transactional Records Access Clearinghouse.
Florida, Texas, and California carry the largest caseloads. While the average processing time for a case to reach a resolution has decreased from 925 days in 2021 to 632 days, this backlog persists.
Magali Suarez Candler, another immigration attorney in Houston, noted that delays in immigration court proceedings have been an ongoing issue. She traced the origins of these delays back to the Obama administration, with further escalation during the zero-tolerance approach implemented by President Donald Trump.
Under President Joe Biden, prosecutors have more discretion in deciding whether to dismiss or temporarily close cases for individuals not deemed a priority for deportation.
Candler highlighted the impact of prosecutorial discretion in reducing the backlog to some extent but expressed uncertainty about its long-term sustainability.
Customs and Border Protection defines an encounter along the southern border as either a person illegally crossing between points of entry or a person arriving at a legal port of entry but being denied entry into the United States.
In 2021, encounters reached a historic high of 1,734,686, with the subsequent year seeing a further increase to 2,378,944. As of the current fiscal year, which concludes at the end of September, encounters have already reached 2,206,039.