Over 500k immigrants skipped court under Biden, study claims

 April 22, 2025

The Biden administration faces mounting scrutiny over immigration enforcement as hundreds of thousands of migrants skip their mandatory court appearances.

According to Fox News, a new analysis reveals that more than 507,000 immigrants failed to attend their scheduled immigration court hearings between fiscal year 2022 and December 2024, resulting in in absentia removal orders.

The Center for Immigration Studies (CIS) report highlights a significant 45% increase in missed court appearances compared to the combined seven-year period under former Presidents Barack Obama and Donald Trump's first term. This surge occurred despite the previous period being more than twice as long, underscoring the unprecedented scale of the current situation.

Biden administration policy draws criticism from experts

The administration's approach to border enforcement has sparked debate among immigration policy specialists. Andrew R. Arthur, the report's author from CIS, attributes the surge in missed court appearances to specific policy decisions.

The Department of Homeland Security's handling of initial migrant encounters has become a focal point of controversy. Current immigration law requires the detention of immigrants encountered by Customs and Border Protection who lack proper documentation.

Border authorities continue to face challenges with the growing number of migrants entering through the southern border. The administration's practice of releasing migrants with Notices to Appear has been identified as a significant factor contributing to the high rate of missed court dates.

Immigration court system faces mounting pressure

The dramatic increase in absentia removal orders has created substantial backlogs in the immigration court system. Legal experts warn that these delays could impact case processing for years to come.

The current situation stems from the administration's interpretation of expedited removal procedures. Under existing laws, immigrants encountered without proper documentation are subject to expedited removal unless they demonstrate credible fear of returning to their home country.

Immigration judges now face the challenge of managing an overwhelming number of cases while dealing with limited resources and growing administrative burdens.

Growing concerns over immigration enforcement effectiveness

The sharp rise in missed court appearances has raised questions about the effectiveness of current immigration enforcement strategies. Critics argue that the lack of detention for newly arrived migrants reduces compliance with court requirements.

Immigration advocates and opposition lawmakers continue to debate the best approaches to address the situation. Some push for stricter enforcement measures, while others advocate for comprehensive immigration reform.

Future implications of missed immigration hearings

Arthur from CIS offered his assessment of the situation:

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. 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. They are a symptom of a deliberately broken system, one that will linger on the courts' dockets for years to come.

Moving forward amid ongoing challenges

Over half a million immigrants have missed their scheduled immigration court hearings during the Biden administration's tenure, creating significant challenges for the U.S. immigration system.

The dramatic increase in missed appearances, representing a 45% rise compared to the previous seven-year period under Obama and Trump's first term, has sparked intense debate about current immigration policies and enforcement strategies.

The situation continues to evolve as immigration courts grapple with mounting case backlogs and administrative challenges while stakeholders search for effective solutions to address the growing number of unresolved cases.

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