Measuring in Absentia Removal in Immigration Court
UNIVERSITY of PENNSYLVANIA LAW REVIEW Founded 1852 Formerly AMERICAN LAW REGISTER © 2020 University of Pennsylvania Law Review VOL. 168 MARCH 2020 NO. 4 ARTICLE MEASURING IN ABSENTIA REMOVAL IN IMMIGRATION COURT INGRID EAGLY† & STEVEN SHAFER†† No academic study has empirically analyzed decisions by United States immigration judges to deport noncitizens without first providing them a day in court, a procedure known as in absentia removal. Yet bold assertions by members of the current † Professor of Law, UCLA School of Law. For helpful feedback and comments, the authors thank Jeffrey Chase, Catherine Kim, Kennji Kizuka, Katy Lewis, Sue Long, Peter Margulies, Michelle Mendez, Jaya Ramji-Nogales, Ben Nyblade, Aaron Reichlin-Melnick, Emily Ryo, Philip Schrag, Amy Semet, and participants in the UCLA Criminal Justice Faculty Workshop. In addition, we recognize Jodi Kruger, Sasha Novis, and Brittany Roberts for their excellent research assistance, and the editors at the University of Pennsylvania Law Review for their superb editorial support. †† Managing Attorney, Esperanza Immigrant Rights Project and Research Associate, UCLA School of Law Empirical Research Group. (817) 818 University of Pennsylvania Law Review [Vol. 168: 817 presidential administration that immigrants “never” appear in court drive central policy decisions on immigration enforcement, including growing the immigration detention system, limiting access to asylum, and building a border wall. By reviewing immigration court data from 2008 to 2018 made publicly available by the Executive Office of Immigration Review, this Article provides the first-ever independent analysis of in absentia removal orders. Contrary to claims that all immigrants abscond, our data-driven analysis reveals that 88% of all immigrants in immigration court with completed or pending removal cases over the past eleven years attended all of their court hearings.
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