More than half a million immigrants failed to show up for their immigration court hearings under former President Joe Biden.
Between Fiscal Year 2022, the first full year of the Biden administration, and the end of December 2024, immigration judges issued more than 507,000 in absentia removal orders, or removal orders for those who failed to show up for their immigration hearings, according to an analysis by the Center for Immigration Studies (CIS).
The number represented a 45% increase in such cases compared to the previous seven years under former President Barack Obama and President Donald Trump’s first term, the analysis found, despite that period being more than double the timeframe.
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“Those 500,000-plus no-shows are a symptom of the Biden administration’s effort to deliberately break our immigration system, and it will now take years to get that system back on track,” said CIS’s Andrew R. Arthur in the report.
At issue, according to Arthur, was the Biden administration’s “refusal” to detain illegal immigrants when they were initially encountered at the border by the U.S. Customs and Border Protection (CBP), releasing the “vast majority” of them with a Notice To Appear in immigration court.
But such migrants are the most likely to skip out on court proceedings, Arthur argued.
“It is axiomatic under immigration law that aliens who aren’t likely to merit relief are less likely to appear in court if they are released — which is why Congress required DHS to detain the ones encountered by CBP at the border and the ports,” Arthur said.
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Under current immigration law, immigrants encountered by CBP officers and Border Patrol agents that do not have proper admission documents are subject to expedited removal, which does entitle those immigrants to a hearing in front of an immigration judge, unless they show a credible fear of harm if they were to be returned to their country of origin, the CIS report notes.
Those subject to expedited removal are required to be detained by the Department of Homeland Security (DHS), the report adds, something that was not happening under the Biden administration.
Such disregard for that rule led to “inevitable” results, Arthur argued, including the massive number of missed immigration court hearings.
“The half-million-plus aliens who failed to appear in immigration court over the past four years are just one more inevitable result of the Biden administration’s refusal to comply with our immigration laws,” Arthur said. “They are a symptom of a deliberately broken system, one that will linger on the courts’ dockets for years to come.”
