Immigration Courts Report Significant Increase in 'No-Show' Cases Leading to In Absentia Removal Orders
NPR's analysis of immigration court data indicates a significant increase in the number of individuals failing to appear for mandatory immigration court hearings, leading to a rise in "in absentia" removal orders. This trend allows the government to issue immediate deportation orders for those who are not present.
Courtroom Observations
In November, an immigration judge in Hyattsville, Md., noted multiple absences for scheduled hearings. During that session, an Immigration and Customs Enforcement (ICE) attorney filed motions for the removal of five individuals "in absentia," which were subsequently granted by the judge, facilitating their potential deportation. An immigrant at the same hearing stated their previous immigration notice was not received by mail, prompting the judge to instruct them to monitor mail for future notifications.
National Trends and Data
Similar situations are increasingly reported in immigration courts nationwide over the past year. According to immigration attorneys and NPR's early analysis of court data, the number of "in absentia" removal orders has shown an upward trajectory since 2022. In fiscal year 2025, these orders exceeded 50,000, representing nearly three times the number from 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 an increased rate of "in absentia" removals.
Reported Factors Contributing to Non-Appearance
Several factors have been cited for the rise in non-attendance:
- Fear of Detention: Immigration attorneys, including Ruby Powers, have indicated that reports of ICE arrests directly from federal or immigration courtrooms in 2025, coinciding with arrest quotas, contributed to individuals' reluctance to attend hearings. Family members in New York, for example, have reported attending court in place of relatives due to concerns about potential detention.
- Logistical Barriers: Individuals may not receive hearing notices due to lost mail, unupdated addresses following relocation, inconsistent mail delivery in certain residences, or notices being sent to incorrect addresses.
- Case Outcome Concerns: Some individuals may fear attending court due to concerns about the potential outcome of their case, including the possibility of deportation to a third country.
Implications for Deportation
Andrew Arthur, a resident law and policy fellow at the Center for Immigration Studies, stated that an increase in final removal orders correlates with a rise in individuals taken into ICE custody, as federal law mandates the detention of all individuals subject to a final removal order. He characterized the current increase in "in absentia" orders as significantly 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.
Legal Recourse and Representation
Immigrants may have the opportunity to reopen their cases; however, most individuals in immigration court lack legal representation, which typically requires self-funding. While organizations like Mobile Pathways have tracked a low rate of arrests in courts, advocates note that fear and negative perceptions persist.
Powers also commented that the increase in "no-show" removal orders may align with a narrative portraying individuals as not participating in legal processes. She emphasized that individuals make decisions based on available information, adding that most immigrants continue to attend court appointments despite various challenges they may face, such as trauma or language barriers.