Key Takeaways
• Over 3.7 million immigration cases pending by late 2024, nearly triple compared to 2020.
• More than 700,000 cases closed or dismissed since January 2021, often letting migrants stay temporarily.
• Over one-third of scheduled migrants missed court dates under President Biden, fueling debate on policy and enforcement.
Claims that more than half a million people have skipped their immigration court dates since January 2021 have sparked heated debate about border security and immigration policy under the Biden administration. New government numbers, along with outside reports, paint a picture of a system swamped with cases, rising numbers of missed court appearances, and tough questions about what it means for the United States 🇺🇸 immigration process.
Who is skipping court and why does it matter? According to a report from January 2025, over one-third of migrants put on the schedule for deportation hearings failed to show up for court under President Biden. This information came from both the Government Accountability Office and reviews by former immigration judges. The no-show trend has not been steady in every place, but across the country the rate is clearly up since President Biden took office.
The Backbone of the Numbers
Behind these big headlines are some eye-opening numbers:
- The total number of cases waiting in U.S. immigration courts jumped to more than 3.7 million by late 2024. This is nearly three times what it was in 2020, when there were about 1.26 million pending cases.
- In just the 2024 fiscal year, immigration courts made decisions in about 850,000 removal (deportation) cases. Of these, around 331,500 people were ordered to leave or allowed to go voluntarily.
- According to a report from the House Judiciary Committee, more than 700,000 migrants have seen their cases dropped, closed, or set aside since President Biden started his term. For most, this means they can stay in the country, at least for now, without facing removal.
These findings are not just statistics—they show that key parts of the system are under immense pressure.
Breaking Down the Alternatives to Detention
Another piece of the puzzle is the “Alternatives to Detention” (ATD) program run by ICE. Instead of holding everyone in detention centers, ATD lets some people live in communities under rules like ankle monitors or check-ins. According to official data, between August 2020 and June 2022, almost 500,000 migrants were put in this program. However, many of these people drop out of the program before their cases end. Often, this happens because they disappear within the country or break the program’s rules—rather than winning their case in court. This means a large share may never show up for their later court dates.
Why Are So Many People Missing Court?
Several reasons are behind the jump in people failing to appear for their hearings. These include:
- Migrants who believe they’re likely to lose their asylum claim or have little chance to stay in the United States 🇺🇸 are less willing to go through with the process. Some never arrive at their hearings, fearing an order to leave.
- The existing system is stretched thin. There have been only about 735 to 750 immigration judges handling millions of cases. This works out to each judge dealing with over 2,000 cases. Scheduling becomes a nightmare. Delays pile up, and when things finally get moving, some people have already settled into their lives in the United States 🇺🇸 or decided not to risk removal.
All of these factors make it easier for those who do not have a strong reason to appear to simply vanish from the immigration system.
Policy Choices and System Limits
The current situation is shaped by political choices and the limits of what the system can handle. Instead of forcing every case to a clear decision, the government uses tools like “administrative closure” or “case dismissal.” This means many cases are set aside without a final answer or are dropped entirely. Department of Homeland Security (DHS) and Department of Justice (DOJ) resources are limited, so they focus less on tracking every individual, especially when the waiting list for hearings is years long. According to Congressional findings and other reports, this approach has allowed “hundreds of thousands” to stay in the country “without facing immigration consequences.”
Some key measures from reports:
- Pending cases (late 2024): About 3.7 million
- Cases dismissed or closed since January 2021: More than 700,000
- Deportation orders issued in fiscal year 2024: About 331,500
- Aliens enrolled in Alternatives to Detention (Aug 2020–June 2022): Around 500,000
- Migrants skipping hearings: More than 33%
Impacts of Swelling Court Backlogs
With such a massive case backlog, the immigration court system faces big problems:
- Delays and Uncertainty: When there are millions of cases and not enough judges, cases drag on for years. People become tired, lose touch, or give up hope.
- Harder to Keep Track: As more people are released onto programs like ATD or allowed to wait for their hearings outside of detention, it becomes much harder for immigration authorities to keep tabs on their whereabouts.
- Mixed Results: While some see the system as trying to avoid clogging up detention centers or removing people who might qualify to stay, others worry that it invites people to skip the legal process and disappear.
Diverging Views and Growing Scrutiny
The rise in no-shows and case closures has attracted attention from lawmakers and policy experts on both sides of the immigration debate. Critics in Congress argue that the Biden administration’s approach amounts to a “quiet amnesty,” letting people stay even if they skip critical legal steps. Others point out that record backlogs and limited resources tie the government’s hands.
- Some reports say the use of tools like administrative closure and program dismissals has grown a lot under the Biden administration. This gives many migrants a chance to remain while their fate is undecided.
- But supporters of these measures say they are necessary to keep the system from collapsing under its own weight.
The Government Accountability Office has played a key role in tracking these trends, offering hard numbers to support what’s happening inside the immigration court system. As reported by VisaVerge.com, these kinds of reports help make sense of what is behind the backlog, the rate of no-shows, and how policy changes affect the process.
What Happens When Someone Skips Court?
When migrants or asylum seekers do not show up for immigration court, there are serious consequences on paper. If the individual does not attend, the judge can issue an “in absentia” removal order, which means the person can legally be removed from the United States 🇺🇸. However, in practice, enforcement is tough. If the authorities do not know where a person is, the order has almost no power. And with so many cases waiting and not enough officers or resources, it is easy for someone who disappears to avoid removal for a long time.
Also, some cases are closed without clear decisions, especially if the person cannot be found or if there are other priorities for limited government enforcement resources. This makes it even more difficult to know how many people are living in the country without regular status after missing court.
The Past vs. Today: What Changed?
Not long ago, the U.S. immigration court backlog was much lower—just over a million cases at the start of 2020. Over time, several things have made it get much worse:
- More people arriving at the border and asking for asylum.
- New rules and enforcement choices, like releasing more people under the ATD program.
- The slow pace of hiring new judges and staff to keep up with the boom in cases.
Under President Biden, these trends have gotten even more serious. Reports say that more than a third of migrants facing court did not show up, and hundreds of thousands have seen their cases closed or dropped. This is a big change from previous years, when more cases were decided and fewer people skipped their court dates.
What Does This Mean for Immigrants and the System?
For people seeking to stay in the United States 🇺🇸, the reality is confusing. It is not clear when or how their cases will be heard. Some may wait for years before seeing a judge. Others may never get a proper hearing if they are one of the many whose case is closed or lost in the shuffle. For families, this can be a stressful, uncertain time.
For authorities, keeping up with so many cases and making sure people follow the rules is harder than ever. The use of technology and programs like ATD is one answer, but it has not stopped many from disappearing before they get a court decision. The sheer volume has left many parts of the system struggling.
Employers, communities, and schools are also affected—people who have not finished their immigration process may find it harder to get jobs or feel secure about their futures.
Looking at the Claims: Do the Numbers Add Up?
So, is it true that more than half a million migrants have failed to show up for immigration court under President Biden? Based on the data from the Government Accountability Office, Congressional reports, and other public sources, the numbers fit the picture:
- With more than three million new cases since 2021,
- Over 700,000 cases closed or dismissed,
- Nearly half a million people released on ATD in two years,
- And over one-third missing their hearings,
it is fair to say that the “half a million” number is not an exaggeration. In fact, as dockets keep growing, the real number may be even higher.
For reference, those interested in official details about the U.S. immigration court process can explore the Executive Office for Immigration Review website for the most current rules and announcements.
The Road Ahead: Unfinished Business
What will happen next? Pressure is mounting for changes to how immigration courts work, including faster decision times, more resources for judges, and better tracking systems for people waiting for hearings. Without these changes, experts warn, the backlog and no-show rates could stay high for years to come.
Congress and the Biden administration face an uphill battle. On one side, critics fear that current policies send the wrong message—suggesting that missing court will not lead to consequences. On the other, some believe that treating people fairly means letting many remain while their cases are sorted out, especially with so many waiting so long. Analysis from VisaVerge.com suggests that the best path forward will require a balance between keeping the system fair and making sure rules are followed.
Final Thoughts
Claims that half a million people have missed immigration court under President Biden are grounded in government and court data. High no-show rates, big ATD numbers, and a surging backlog point to a system under serious strain. The current mix of policy choices, enforcement limits, and rising demand means that unless changes are made, hundreds of thousands more could skip critical steps in the future.
For people caught in the system, for officials managing endless files, and for communities everywhere, these trends shape daily life—and will continue to drive news, debate, and policy for some time to come.
Learn Today
Government Accountability Office → A federal agency providing oversight and reports on government operations, including statistics on the immigration court backlog and enforcement.
Administrative Closure → A legal process where immigration cases are temporarily removed from the court docket without a final decision, often leaving cases unresolved.
Alternatives to Detention (ATD) → Programs allowing some migrants to remain in communities, under supervision like ankle monitors, rather than being held in immigration detention.
In Absentia Removal Order → A deportation order issued when a migrant fails to appear at their scheduled immigration court hearing.
Case Backlog → The accumulation of unresolved cases in immigration courts, leading to severe delays and overwhelming judges and resources.
This Article in a Nutshell
Recent government reports reveal the U.S. immigration court system is overwhelmed, with over one-third of migrants skipping their hearings under President Biden. With pending cases surpassing 3.7 million and substantial use of Alternatives to Detention, the backlog and high no-show rates are forcing urgent debates about immigration policy reform.
— By VisaVerge.com
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