EOIR director links higher estimate to urgency in addressing 3.6 million–case court backlog.
By yourNEWS Media Newsroom
The newly appointed head of the nation’s immigration court system said the number of people living in the United States illegally could be as high as 25 million to 30 million, a figure significantly above prevailing official estimates.
Daren Margolin, director of the Executive Office for Immigration Review, made the remarks in an interview with Axios, where he tied the estimate to the scale of the immigration court backlog.
“The reality is, we will never have enough judges to handle currently 3.6-plus million cases, and I believe 25 to 30 million people … are here in the United States illegally,” Margolin told the outlet.
Margolin, a retired Marine Corps colonel, assumed leadership of EOIR in October. The Justice Department office oversees the nation’s immigration court system, which currently faces an estimated 3.6 million pending cases.
He told Axios that he retired as an immigration judge in early 2024 due to opposition to the Biden administration’s handling of border policy during a surge in crossings.
“Personally, I felt like a co-conspirator in treason,” Margolin said.
The Trump administration’s next phase of deportation efforts is expected to focus on immigration courts, where most cases conclude with final removal orders. Accelerating case resolutions could enable U.S. Immigration and Customs Enforcement to carry out deportations more quickly.
According to data cited by Axios, the immigration court backlog declined by 341,006 cases between President Donald Trump’s inauguration last year and Jan. 30. Officials attributed part of the reduction to fewer new cases linked to lower border crossings during Trump’s first year back in office.
Margolin is also seeking to limit the appeals process for removal orders, a change that could expand eligibility for expedited deportation.
The EOIR has launched a public recruitment campaign for additional immigration judges and has received approximately 1,700 applications. Margolin declined to disclose how many applicants have been hired but said the first group will begin work within days.
In addition, roughly 50 temporary military attorneys, known as Judge Advocate General officers, have been brought on to assist. They undergo the same six- to eight-week training program as other immigration judge hires.
Before becoming EOIR director, Margolin served from 2020 to 2024 as an assistant chief immigration judge in California. He previously worked as an assistant chief counsel for U.S. Immigration and Customs Enforcement in Adelanto, California. His Justice Department profile notes more than two decades of service in the U.S. Marine Corps, where he held roles including military judge, prosecutor, appellate prosecutor, defense counsel, and staff judge advocate.
Margolin’s estimate of 25 million to 30 million undocumented immigrants exceeds official figures. Department of Homeland Security data from 2022 and a Pew Research Center analysis from 2023 place the unauthorized immigrant population at roughly half that number.
The immigration court system remains central to the administration’s enforcement strategy as it works to reduce the backlog and increase case throughput in the coming months.
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