Ordered Deported Without Showing Up
2,162,444 immigration proceedings — 13.3% of all 16,216,773 proceedings — ended with an "in absentia" order. That's 2.1 million people ordered deported without anyone hearing their side of the story.
What Actually Happens
Here's how it works: a hearing is scheduled. The respondent doesn't show up. The immigration judge waits, confirms that notice was sent, and then proceeds without them. The ICE attorney presents the government's case — requesting removal. Nobody argues the other side. The judge issues a removal order.
No evidence is examined. No witnesses are heard. No asylum claim is evaluated. The person is ordered deported based entirely on the government's one-sided presentation. If they had a strong case — and many did — it doesn't matter. They weren't there to make it.
For context: among cases that are actually heard, the grant rate is 58.3%. Some unknown percentage of those 2.1 million in absentia cases would have won if they'd shown up.
Why 2.1 Million People Didn't Show Up
The popular narrative is simple: they're evading the system. The reality is more complicated and far more mundane:
The government mails hearing notices to the address on file. Immigrants move constantly — fleeing domestic violence, following seasonal work, crashing with relatives. A notice sent to an old apartment in Omaha won't reach someone now in Dallas. The government says it sent notice. The respondent says they never got it. There's often no way to verify.
Courts routinely reschedule hearings months or years out. A hearing set for March 2023 might get moved to November 2027. The respondent needs to actively track these changes — something nearly impossible without an attorney. Many people show up on their original date to find they were supposed to come last month.
Only 26.7% of respondents have attorneys. Lawyers track court dates, file address changes, request continuances, and ensure clients appear. Without one, you're navigating a complex legal system alone — in a language you may not speak. Studies show represented respondents are dramatically less likely to miss hearings.
Immigration courts are only in 88 cities. If you live in rural Mississippi and your court is in Memphis, that's a day trip — if you have a car and can take off work. Many immigrants can't drive legally, can't miss work without getting fired, or can't afford childcare for the day.
The 2024-2025 Explosion
The in absentia problem got dramatically worse in the last two years. As courts pushed to clear the backlog, case completions surged — from 965,176 in 2023 to 1,290,672 in 2024 and 1,298,639 in 2025. A significant portion of this "clearance" came from in absentia orders.
The math is telling: in 2024, courts completed 1.29 million cases but only granted relief to 48,485. In 2025, they completed 1.3 million but only granted relief to 37,341. That's a grant rate of 3.8% and 2.9% respectively — far below historical norms. Many of those non-grant completions were in absentia removals.
| Year | Filed | Completed | Grants | Grant % |
|---|---|---|---|---|
| 2019 | 208,814 | 487,594 | 36,801 | 7.5% |
| 2020 | 148,010 | 247,402 | 18,890 | 7.6% |
| 2021 | 142,311 | 298,400 | 24,739 | 8.3% |
| 2022 | 286,589 | 674,953 | 44,084 | 6.5% |
| 2023 | 424,994 | 965,176 | 51,981 | 5.4% |
| 2024 | 508,217 | 1,290,672 | 48,485 | 3.8% |
| 2025 | 421,619 | 1,298,639 | 37,341 | 2.9% |
Can You Reopen an In Absentia Order?
Yes — but it's hard. You must file a motion to reopen within 180 days (or at any time if you can show you never received proper notice). You must prove either:
- Lack of notice: You didn't receive the hearing notice, or it was sent to the wrong address. The burden of proof is on you.
- Exceptional circumstances: Battery, serious illness, or your attorney was ineffective. The bar is high — "I didn't know about the hearing" usually isn't enough.
The cruel irony: reopening requires navigating the legal system — the same system the person couldn't navigate well enough to attend their hearing in the first place. Without an attorney, reopening is nearly impossible.
The Bigger Picture
In absentia orders serve a practical purpose: the system can't wait indefinitely for people who don't appear. But the scale — 2.1 million cases, 13.3% of all proceedings — raises fundamental questions about whether this is due process or just processing.
Consider: we have an immigration court system where only 26.7% have lawyers, notices are sent by mail to transient populations, courts exist in only 88 cities, and hearings get rescheduled years into the future. Then we act surprised when 1 in 8 people don't show up.
The Compounding Problem
In absentia orders don't just remove people — they create a cascade. The person now has a removal order on their record. If they're still in the country, they live in the shadows. If they file a motion to reopen, that's another case on the backlog. If they don't, they're permanently barred from most forms of immigration relief. One missed hearing can foreclose an entire life in America.
👔 Representation Gap
Only 26.7% have lawyers — the root cause.
📊 Backlog Crisis
The 1.9 million pending cases driving the system.
⚙️ Deportation Machine
All the ways the system processes removal.