Newly Appointed Judges and the Rise of Voluntary Departure in Immigration Court Research Note
Overview
The Trump administration is leveraging a wide range of strategies to carry out its mass deportation agenda. Among those facing deportation within the United States immigration court system, more people are receiving a case outcome requiring them to leave the country under the current administration than under the Biden administration. While this increase is coming in part through more removal orders, it is disproportionately driven by an increase in judges granting voluntary departure. Voluntary departure is an undesirable outcome for many, requiring departure from the United States with no guarantee of ever being able to return, a waiver of the chance to pursue relief on a case or appeal, and sometimes involving prolonged detention before a person can leave. New analysis from the Vera Institute of Justice examines how the use of voluntary departures has changed and the role of immigration judges appointed under the second Trump administration in driving these trends.
Key Takeaway
The number of people receiving a decision of voluntary departure has risen dramatically since the change in presidential administration—particularly among people who were detained. Judges appointed by the second Trump administration have granted voluntary departure at higher rates than judges with more experience—while still granting orders of removal at comparable rates.
Publication Highlights
Among people who were detained, more than 10 times as many cases concluded with a voluntary departure decision in recent months than at the end of President Biden’s term.
Immigration judges, overall, are less likely to encourage people to leave the United States through voluntary departure or self-deportation if those people have legal counsel.
Republican-appointed immigration judges are encouraging people in immigration proceedings to leave the United States at higher rates than Democratic-appointed judges.