The TRAC Factors: How Federal Courts Decide If Your Delay Is Unreasonable
Mandamus Lawyers Podcast by Mandamus Lawyers
Episode notes
What legal test do federal courts use to decide if your immigration delay is unreasonable? This episode explains the six TRAC factors that determine whether you can compel the government to act.
The TRAC factors come from a 1984 case called Telecommunications Research and Action Center v. FCC, and they have become the standard framework for evaluating immigration delay claims. In this episode, we walk through each factor in detail: Factor 1, the rule of reason and whether the agency is following a rational approach to processing; Factor 2, congressional timetables including 8 U.S.C. § 1447(b) for naturalization (120 days after examination) and the I-829 benchmark for EB-5 investors; Factor 3, the effect on human health and welfare including family separation, inability to work, and detention; Factor 4, competing agency priorities and how co ...