U.S. immigration courts have observed an increase in the number of individuals failing to appear for mandatory hearings, leading to a rise in "in absentia" removal orders. This trend, which allows the government to issue deportation orders in the absence of the individual, has been reported nationwide, with data indicating a substantial increase in these orders since 2022. Factors cited as contributing to non-attendance include concerns over potential detention by Immigration and Customs Enforcement (ICE), various logistical challenges related to receiving hearing notices, and fears regarding the potential outcomes of their cases.
Overview of Trends
Immigration courts across the United States have experienced an upward trend in "in absentia" removal orders over the past year. This means that individuals are being ordered removed from the U.S. without being present in court. Immigration attorneys and analyses of court data have noted a growing number of immigrants are not attending their scheduled mandatory immigration court hearings.
Statistical Data
According to analyses of court data by NPR and observations from immigration attorneys, the number of "in absentia" removal orders has shown an upward trajectory annually since 2022. In fiscal year 2025, these orders exceeded 50,000, which is nearly three times the number recorded in the previous year.
Data from the Executive Office for Immigration Review, a division of the Department of Justice, indicates that from January through November, the top 10 cities with the highest volume of completed immigration cases are projected to conclude the year with higher rates of "in absentia" removals compared to the beginning of the year. An uptick in these types of removal orders was observed starting in the summer months.
Courtroom Observations
A scenario illustrating this trend occurred in November 2025, in a Hyattsville, Maryland, immigration courtroom. During a session, an immigration judge noted multiple absences for scheduled hearings. An immigrant present at the hearing stated that a previous immigration notice had not been received by mail, prompting the judge to instruct the individual to monitor mail for future notifications. During the same session, an Immigration and Customs Enforcement (ICE) attorney filed motions for the "in absentia" removal of five individuals who failed to appear. These motions were subsequently granted by the judge, making those individuals subject to deportation.
Factors Contributing to Non-Appearance
Several factors have been cited by immigration lawyers and advocates as contributing to the increase in non-attendance:
- Fear of Detention: Immigration attorneys, including Ruby Powers, have reported that information circulated within immigrant communities regarding potential arrests by ICE directly from federal or immigration courtrooms. Reports from 2025 indicated that ICE conducted arrests within court premises, with some accounts linking these actions to arrest targets. Incidents involving arrests and confrontations with federal officers have been reported in New York courts, and family members in New York have reportedly attended court in place of relatives due to concerns about potential detention.
- Logistical Barriers: Individuals may not receive hearing notices due to various issues, including lost mail, unupdated addresses following relocation, inconsistent mail delivery in certain residences (such as apartment buildings), or notices being sent to incorrect addresses. Other logistical challenges cited include a lack of timely notification about hearing dates and changes to hearing schedules not being communicated effectively.
- Case Outcome Concerns: Some individuals may hesitate to attend court due to concerns about the potential outcome of their case, including the possibility of deportation to a third country.
Legal Implications and Recourse
Andrew Arthur, a resident law and policy fellow at the Center for Immigration Studies (a non-profit advocating for reduced migration), stated that an increase in final removal orders correlates with a rise in individuals taken into ICE custody. He explained that federal law mandates the detention of all individuals subject to a final removal order. Arthur characterized the current increase in "in absentia" orders as exceeding historical trends. The Department of Homeland Security (DHS) typically requires a removal order issued by an immigration judge before physically deporting an individual from the U.S. Arthur noted that individuals who fail to appear in court effectively do not utilize their opportunity for due process.
Immigrants who receive "in absentia" removal orders may have the opportunity to reopen their cases. However, most individuals in immigration court lack legal representation, which typically requires self-funding.
Contextual Perspectives
While organizations like Mobile Pathways have tracked a low rate of arrests within courts, immigrant advocates note that the perception of fear and negative consequences can persist within communities. Attorney Ruby Powers suggested that the rise in "no-show" removal orders may align with a narrative that portrays individuals as non-participatory in the legal process. She emphasized that individuals make decisions based on available information and that many clients face challenges such as trauma, language barriers, and other complexities within the immigration system. Powers added that despite these challenges, most immigrants continue to attend their scheduled court appointments.