Title page

Contents

Highlights 2

Letter 7

Background 11

Roles and Responsibilities within the Immigration Court System 11

Overview of Removal Proceedings 13

EOIR Does Not Track Respondent Hearing Appearances, and Reasons Vary for Respondents Not Appearing 17

EOIR Does Not Systematically Track or Report on Respondents' Appearance at Hearings 17

Government Officials and Nongovernmental Stakeholders Identified Reasons Why Respondents May Not Appear at Court 23

About a Third of Non-detained Respondent Initial Case Completions Resulted in In Absentia Removal Orders, and Such Orders Varied Based on Certain Factors 28

About a Third of Non-detained Respondents' Cases Completed from Fiscal Year 2016 through Fiscal Year 2023 Resulted in an In Absentia Removal Order 28

In Absentia Rates Varied by Court Location and Legal Representation Status 30

In Absentia Rates Varied by Respondent Demographic Characteristics 33

Respondents May File Motions to Reopen Cases with In Absentia Removal Orders, and Immigration Judges Grant the Majority of Such Motions 42

Case Processing Times Varied by Custody and Legal Representation Status 42

Detained Respondents' Cases Were Completed Faster Than Non-detained Respondents' Cases 42

Cases with Legal Representation Had Longer Processing Times Than Cases Without Legal Representation 48

Dedicated Docket Cases Took About One Year from Start to Initial Case Completion from Fiscal Year 2021 through Fiscal Year 2023 52

Conclusion 53

Recommendations for Executive Action 54

Agency Comments 54

Appendix I: Objectives, Scope, and Methodology 56

Appendix II: Immigration Court Hearing Adjournments and Adjournment Codes 65

Appendix III: Reasons Immigration Judges May Grant Continuances Instead of in Absentia Removal Orders 69

Appendix IV: Comments from the U.S. Department of Justice 72

Appendix V: GAO Contact and Staff Acknowledgments 74

Table 1. In Absentia Rates for Non-detained Respondents Placed in Special Dockets for Family Unit Cases, Fiscal Years 2016 through 2023 34

Table 2. Median Number of Days from Start of Case to Initial Case Completion, by Custody Status and Fiscal Year of Completion, Cases Received from Fiscal... 44

Table 3. Cumulative Percent of Non-detained Cases Completed within up to 7 Years from Case Start to Initial Case Completion, by Fiscal Year of Case Start,... 45

Table 4. Median Number of Days from Start of Case to Initial Case Completion, by Custody and Legal Representation Status and Fiscal Year of Completion,... 49

Table 5. Ten Most Often Used Immigration Court Adjournment Codes to Adjourn Non-detained Respondent Hearings, Fiscal Year 2016 through Fiscal Year 2023 68

Figure 1. Immigration Court Removal Proceedings General Steps and Concepts 14

Figure 2. Information Gaps That May Affect Respondent Appearance at Immigration Court, as Identified by Selected Government Officials and Nongovernmental... 24

Figure 3. Logistical Challenges That May Affect Respondent Appearances at Immigration Court, as Identified by Selected Government Officials and Nongovernmental... 26

Figure 4. Reasons Selected Government Officials and Nongovernmental Stakeholders Attributed to Respondents Choosing Not to Appear at Immigration Court 27

Figure 5. Initial Case Completions and In Absentia Rates for Cases of Non-detained Respondents, Fiscal Years 2016 through 2023 29

Figure 6. Total In Absentia Rates for Non-detained Respondents by Immigration Court Location, Fiscal Years 2016 through 2023 31

Figure 7. In Absentia Rates for Non-detained Respondents Based on Legal Representation, Fiscal Years 2016 through 2023 32

Figure 8. In Absentia Rates for Non-detained Adult Respondents with and without Family Relationships, Fiscal Years 2016 through 2023 36

Figure 9. In Absentia Rates for Accompanied Juveniles and Unaccompanied Juveniles, Fiscal Years 2018 through 2023 38

Figure 10. In Absentia Rates for Non-detained Respondents by Top 10 Countries of Origin with the Highest Number of Initial Case Completions,... 39

Figure 11. In Absentia Rates for Non-detained Respondents by Top 10 Languages with the Highest Number of Initial Case Completions, Fiscal Years 2016 through 2023 41

Figure 12. Median Case Processing Times from the Initial Master Calendar Hearing to the First Merits Hearing, by Custody Status, Cases Received from Fiscal Years... 47

Figure 13. Key Drivers of Case Processing Times Identified by Selected Government Officials and Nongovernmental Stakeholders 51

Figure 14. Dedicated Docket Case Processing Times and Number of Cases, by Legal Representation Status, Cases Received from Fiscal Years 2021 through 2023 53

Figure 15. Immigration Court Hearing Adjournment Code Categories for Non-Detained Respondents, Fiscal Year 2016 through Fiscal Year 2023 67

Figure 16. Reasons Immigration Judges May Grant Continuances Instead of In Absentia Removal Orders, According to Interviews with Selected Government... 70