ICE court arrests are driving more immigrants to miss hearings, causing a surge in in absentia deportations across U.S. immigration courts in 2025
Immigration courts across the United States are witnessing a sharp increase in in absentia deportation orders as more immigrants fail to attend hearings, citing fear of arrests by U.S. Immigration and Customs Enforcement, officials and attorneys said.
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In a Hyattsville, Maryland, courtroom in November 2025, an immigration judge warned an immigrant from El Salvador that failure to appear could result in an immediate removal order.
The individual, identified only by case number, said he had lost his previous notice in the mail.
The judge instructed him to check his mail ahead of his next hearing in January.
The incident reflects a growing national trend. Immigration attorneys and early NPR analysis of court data indicate that ICE’s arrests inside courtrooms, implemented to meet arrest quotas, have discouraged attendance at mandatory hearings.
Ruby Powers, a Texas-based immigration lawyer, said word of the arrests spread quickly, creating a climate of fear.
The result has been a spike in removals in absentia.
According to Andrew Arthur, resident law and policy fellow at the Center for Immigration Studies, the number of such removal orders in fiscal year 2025 nearly tripled from the previous year, exceeding 50,000 nationwide.
Each of the ten largest immigration courts is on track to finish the year with higher in absentia removal rates than at the start.
ICE attorneys in Hyattsville filed motions to remove five individuals in absentia after they failed to appear.
The judge granted the motions, making them eligible for deportation.
Similar scenes, marked by arrests and confrontations with federal agents, have occurred in New York and other cities, prompting family members to attend hearings on behalf of relatives out of concern for their safety.
Attorneys cited multiple factors influencing no-shows, including fear of in-court detention, logistical barriers, lost or misdirected mail, and limited access to legal representation.
Powers noted that many immigrants navigate trauma, language barriers, and other challenges while attempting to participate in court proceedings.
Arthur explained that removal orders issued in absentia give ICE the legal authority to deport individuals, creating an expanding pool of targets for enforcement.
He emphasised that immigrants who miss hearings are opting out of due process, whether deliberately or out of fear.
While some immigrants may later seek to reopen their cases, most lack legal representation, which must be secured privately.
Advocacy groups said that although actual arrests in court remain limited, fear and misinformation continue to discourage attendance, contributing to the rising number of in absentia removal orders.
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Legal observers warn that these practices, combined with rising no-shows, may have long-term implications for the fairness and accessibility of the immigration system in the United States.
