US sees increase in 'no-shows' in immigration court as removal orders surge

The United States court system has noted a recent increase in "no-shows" in immigration cases nationwide after fears spread that showing up to court could result in the migrant's immediate arrest and deportation, according to an NPR report.

Judges have warned illegal migrants that failure to show up at their immigration hearings could force the courts to approve requests for their deportations because they failed to challenge the government's request.

Data from the Justice Department's Executive Office for Immigration Review found that approval for removal orders in absentia nationwide reached over 310,000 in fiscal year 2025 alone as of November.

Where it began: 

The number of removal orders that were granted without the migrant present began increasing consistently in 2022, when over 62,000 removal orders were approved. There were 8,541 orders approved in 2021 but nearly 88,000 in 2020.

The increase in no-shows started in the summer after Immigration and Customs Enforcement officers began showing up and arresting migrants at federal and immigration courthouses, including at immigration hearings. 

Experts told NPR that fear of these ICE agents and subsequent deportations was likely a major motivator behind the increase in no-shows. 

"What happened is that the word spread that if you go to court, you could get picked up from ICE," Ruby Powers, an immigration lawyer from Texas who has cases nationwide, said. "Those instances weren't consistent around the country, but at least the word had spread, the fear had spread. And so individuals were really hesitant to go into court." 

Other possible factors driving no-shows: 

Experts have warned that other factors could cause illegal migrants to miss critical court dates, including changes in a court calendar that failed to get to them in time. Some judges have urged defendants to monitor their email for changes. 

"A lot of times people don't even know that they have a hearing, or hearing dates can change without receiving the notice in the mail," Powers said. 

The attorney said migrants sometimes move around and fail to update their address with the court, or notices are lost in the mail because they go to apartment buildings, which can get the apartment numbers confused. 

Another factor could be courts sending notices or reminders to completely incorrect addresses, which has been an issue in the past. It was also a recent issue in Salt Lake City, when ICE arrested a migrant last month who claimed she never lived in a city that a critical court notice was sent to. 

Powers said another reason for fear is not just concern that the migrant could be returned to their home country, but also fear they could be sent to a third country instead that they are unfamiliar with. 

If an illegal migrant's case is closed and a removal order is approved, migrants can attempt to reopen the case or appeal the decision. However, NPR noted that while migrants have a right to legal representation, the government is not required to pay for their attorneys and, therefore, most migrants do not actually have lawyers.

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.