1. Surge in Third Country Removal Orders
The granting of third country pretermissions (decisions made before someone ever gets a full hearing) jumped 509% from November to December. In December alone courts granted 1,211 of these motions, meaning 1,211 people were ordered removed through the Asylum Cooperative Agreement (ACA) “third-country” process instead of getting their full day in court in the United States. This spike appears concentrated in the Santa Ana Immigration Court, which issued 218 of the 1,211 orders—more than any other court. Honduras received the largest share of these December deportation orders; the diagram below shows which nationalities were affected and where people were ordered sent.
For more on why this matters, please read the thoughts of our CEO, Jeffrey' O’Brien:
2. December confirms the pattern: temporary JAG judges deliver far fewer relief outcomes
For a second straight month, our data shows immigrants appearing before temporary JAG (military) judges face overwhelmingly “no-relief” outcomes. In December 2025, 54.3% were ordered removed and 41% ended in voluntary departure. About 95% of cases heard by a JAG judge end in removal or departure orders and relief was granted in just 2.7% of cases. That compares to an overall ~4% grant rate in December, meaning immigrants before a JAG judge were about 1.5× less likely to receive relief (roughly one-third lower).
3. Management shift: ACIJ appointments tilt toward enforcement backgrounds
In January 2026, EOIR appointed ten new Acting Assistant Chief Immigration Judges (ACIJs), who play a key role in helping manage immigration court operations and set day-to-day expectations inside the courts. Eight of the ten have prior ICE or DHS enforcement roles, and their career average asylum grant rate is just 6.7%, roughly half the national median. That pattern suggests a continued tilt toward enforcement experience in immigration court leadership, where adjudicative discretion can shape outcomes nationwide.
4. Live Data Briefing
Join Mobile Pathways on February 4th at 1pm EST for a live webinar uncovering the hidden trends in U.S. Immigration Court, featuring attorney Jeffrey O’Brien and former San Francisco immigration judge Jeremiah Johnson. We’ll share the latest data-driven insights on fast-moving shifts and emerging threats to immigration justice. Expect a brief presentation, then plenty of time of Q&A and discussion.