A third of non-detained immigration cases ended in in-absentia removal orders, and GAO found EOIR cannot reliably record whether people actually appeared
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A GAO report published December 19, 2024 (GAO-25-106867) found that from fiscal years 2016 through 2023, about 34% of initial case completions for non-detained respondents in immigration court ended in an in absentia removal order, entered when a respondent does not appear. The rate was 75% for unrepresented respondents versus 9% for represented ones, and ranged from 10% in Honolulu to 64% in Charlotte. GAO found EOIR's case management system has no dedicated function to record whether a respondent appeared, so analysis relied on proxy codes, amid nearly 3.5 million pending cases as of July 2024. GAO recommended EOIR add that function and periodically report hearing-appearance data publicly; EOIR concurred.
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- U.S. Government Accountability Office — U.S. Government Accountability OfficeDocument
9 percent of represented respondents received in absentia orders, compared to 75 percent of unrepresented respondents
1 source
- U.S. Government Accountability Office — U.S. Government Accountability OfficeDocument
From fiscal years 2016 through 2023, about 34 percent of non-detained respondent cases resulted in an in absentia removal order
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