Non-Detained Docket
The non-detained docket refers to immigration court cases where the respondent is not in ICE custody during proceedings. These individuals may have been released on bond, paroled, released on their own recognizance, or may never have been detained at all. The non-detained docket represents the vast majority of pending immigration cases — approximately 90% or more of the total backlog.
Non-detained cases operate on a fundamentally different timeline than detained cases. While detained cases are prioritized and often resolved within weeks or months, non-detained cases can take years — in many courts, 4-6 years or longer — to reach a final hearing. This is because immigration courts schedule detained cases first (due to the cost and liberty implications of detention), pushing non-detained cases further and further into the future.
The extended timeline of the non-detained docket has both advantages and disadvantages for respondents. On the positive side, individuals living in the community have much greater access to legal representation, can work (if authorized), maintain family ties, and gather evidence for their cases. Studies consistently show that non-detained respondents have significantly better outcomes than detained individuals, in large part because they are more likely to have attorneys.
On the negative side, years of uncertainty take a psychological toll on respondents and their families. Lives remain in limbo as individuals wait for resolution. Some respondents move, lose contact with their attorneys, or miss hearing notices during the lengthy wait — resulting in in absentia removal orders.
The non-detained docket's massive backlog is the defining challenge of the U.S. immigration court system, with over 3 million pending cases as of 2025.
Related Terms
Detained Docket
Cases heard in immigration courts located within or near detention facilities. Detained cases typically move faster but respondents have less access to lawyers and evidence gathering.
Continuance
A postponement of an immigration hearing to a later date. Judges grant continuances for many reasons: missing documents, pending USCIS applications, attorney scheduling, or simply an overcrowded docket. Multiple continuances can extend cases by years.
In Absentia Order
A removal order issued when a respondent fails to appear for their immigration hearing. The judge may order deportation without the person present. Can sometimes be reopened if the person shows the absence was due to exceptional circumstances or lack of proper notice.
Bond Hearing
A hearing where a detained immigrant asks to be released on bond. Immigration judges set bond amounts (minimum $1,500) based on flight risk and danger to community. Average bond is approximately $11,400.
Removal Proceedings
The formal process in immigration court where a judge determines whether a foreign national should be ordered removed (deported) from the United States or allowed to remain under some form of relief.