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. A new Vera Institute of Justice analysis reveals how this judicial composition shift is reshaping case outcomes in removal proceedings, with critical implications for your representation strategy and client counseling.
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, with this increase coming in part through more removal orders but disproportionately driven by an increase in judges granting voluntary departure.
What changed
Between January 2025 and March 2026, immigration judges issued more than 80,000 voluntary departure orders, a more than 600% increase from the 11,400 issued during the final 15 months of the Biden administration. Voluntary departures surged from roughly 800 per month at the end of the Biden administration to more than 8,800 by February 2026.
The Vera analysis identifies several patterns in how this outcome is distributed:
- 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.
- In three-quarters of U.S. states and territories, the number of voluntary departure decisions increased more than fivefold since the end of Biden’s term.
- Republican-appointed judges are encouraging people in detained immigration proceedings to leave the U.S. at higher rates than Democratic-appointed judges.
- 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.
Why it matters
Voluntary departure decisions have material consequences for your clients’ futures. 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.
The Vera data shows that this increase in voluntary departures is not happening instead of removal orders; it’s actually happening alongside removal orders, and so the piece of the pie that’s shrinking is the number of people who are allowed to remain in the United States. This means the judicial environment is not trading one outcome for another—it is narrowing the pathway to relief overall.
More than 70 percent of those granted voluntary departure were in immigration detention when they requested to leave, and attorneys argue the numbers reflect coercion rather than genuine choice. The correlation between detention status and voluntary departure grant rates suggests your client’s physical location and duration in custody may directly influence judicial messaging and outcomes on this relief option.
Way forward
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Evaluate all detention scenarios early. If your client is detained, understand that judicial encouragement toward voluntary departure may intensify with detention length. Assess whether bond relief, transfer requests, or early continuances might affect case positioning.
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Ensure legal representation is visible at every hearing. The data shows judges are materially less likely to encourage voluntary departure when counsel is present. Document your appearance clearly and participate actively in all colloquies.
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Proactively brief clients on voluntary departure implications. Do not wait for a judge to introduce this option. Discuss in writing (with copies to the file) whether voluntary departure aligns with your client’s long-term goals, including re-entry prospects, appeal rights waiver, and availability of other relief.
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Check judicial assignment and request continuances strategically. If your case is assigned to a newly appointed judge and other judges in the same location show lower voluntary departure rates, assess whether continuance motions or assignment requests are viable.
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Coordinate with bond/detention counsel. If your client is held, parallel detention work and removal proceedings work are now more tightly linked to case outcomes. Share this data with bond practitioners and ICE counsel.
Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. We are a software company, not a law firm. You should consult with a licensed immigration attorney licensed in your jurisdiction before making any decisions about your case or your client’s case. Immigration policy can change without notice. Verify all statements in this article against the primary source linked above and against current agency guidance, court rules, and local practice.