A sharp rise in migrants failing to appear in immigration court—driven by fears of arrest and deportation—has led to over 310,000 removal orders issued in absentia in fiscal year 2025, according to Justice Department data and an NPR report.
By yourNEWS Media Newsroom
WASHINGTON — The U.S. immigration court system is grappling with a surge in “no-shows”—migrants failing to attend their hearings—amid growing fears that appearing in court could result in immediate arrest and deportation, NPR reported. Judges have repeatedly warned migrants that skipping court dates risks automatic approval of removal orders, as they forfeit their chance to contest the government’s case.
Data from the Justice Department’s Executive Office for Immigration Review reveals that removal orders issued in absentia soared to over 310,000 in fiscal year 2025 as of November, a dramatic escalation from 8,541 in 2021 and 88,000 in 2020. The trend began accelerating in 2022, when 62,000 such orders were approved, coinciding with increased ICE arrests at courthouses, including during immigration hearings.
Fear of Arrest Drives Absences
Immigration attorneys and advocates attribute the spike in no-shows to widespread fear after ICE officers began detaining migrants at federal and immigration courthouses. “The word spread that if you go to court, you could get picked up by ICE,” said Ruby Powers, a Texas-based immigration lawyer with cases nationwide. “Those instances weren’t consistent around the country, but the fear had spread. Individuals were really hesitant to go into court.”
Powers noted that migrants also face logistical barriers, such as unreliable notice delivery. “A lot of times, people don’t even know they have a hearing, or hearing dates change without them receiving the notice in the mail,” she explained. Migrants who move frequently may fail to update their addresses, or court notices may be lost in apartment mail systems where unit numbers are confused. In some cases, courts have sent critical documents to incorrect addresses entirely—a problem recently highlighted in Salt Lake City, where ICE arrested a migrant who claimed she never lived at the address listed in her court notice.
Consequences of Missing Court
When migrants miss their hearings, judges often approve removal orders by default. While migrants can attempt to reopen their cases or appeal, the process is daunting without legal representation. The government is not required to provide attorneys for migrants in deportation proceedings, leaving most to navigate the system alone.
Powers added that fear extends beyond deportation to home countries—some migrants worry they could be sent to a third country they’ve never lived in, compounding their reluctance to appear in court.
The record-high removal orders underscore the growing tension between immigration enforcement and due process, as advocates warn that fear-driven absences risk undermining the integrity of the legal system. With no signs of slowing, the trend raises urgent questions about access to counsel, notice reliability, and the balance between enforcement and fairness in immigration proceedings.
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