Fact check: How many illeagal aliens failed their immigration court hearing

1. Summary of the results

The question about how many "illegal aliens failed their immigration court hearing" reveals a complex picture with varying statistics depending on the timeframe and methodology used.

Current deportation statistics show:

• 162,514 immigrants were ordered deported by immigration judges in FY 2025 (45.6% of completed cases) ^[1]
• In February 2025 alone, immigration judges issued 36,245 removal orders, representing 59.6% of all cases completed that month ^[1]
• As of December 10, 2023, there were 1,323,264 illegal aliens with final orders of removal who remained in the United States ^[2]

Attendance rates present a different perspective:

• 83% of nondetained immigrants with completed or pending removal cases attended all of their hearings ^[3]
• 96% of nondetained immigrants represented by a lawyer attended all of their hearings ^[3]
• 98% of those who failed to appear at their immigration court hearings after successfully establishing a fear of persecution at the border remained in the United States at the end of August 2023 ^[2]

2. Missing context/alternative viewpoints

The original question lacks crucial context about systemic failures within the immigration system itself:

Government administrative failures significantly impact case outcomes:

• Approximately 200,000 deportation cases have been thrown out by Immigration Judges since the start of the Biden administration due to the Department of Homeland Security not filing the required Notice to Appear (NTA) with the Court ^[4]
• Only around a quarter of these individuals had their Court cases restarted within one year by DHS issuing a new NTA, leaving many in legal limbo ^[5]

Legal representation dramatically affects outcomes:

• Only 21.2% of immigrants had an attorney to assist them in Immigration Court cases when a removal order was issued ^[1]
• The stark difference between 83% attendance for all nondetained immigrants versus 96% for those with legal representation demonstrates the critical role of legal counsel ^[3]

Case resolution and appeals:

• 15% of those who were ordered deported because they did not appear in court successfully reopened their cases and had their removal orders rescinded ^[3]

Who benefits from different narratives:

• Immigration enforcement agencies and contractors benefit from emphasizing high failure-to-appear rates to justify expanded detention and enforcement budgets
• Legal advocacy organizations benefit from highlighting systemic failures and the importance of legal representation to secure funding and support
• Political figures on both sides benefit from selectively using these statistics to support their immigration policy positions

3. Potential misinformation/bias in the original statement

The original question contains several problematic elements:

Loaded terminology: The use of "illegal aliens" is a politically charged term that frames the discussion in enforcement-focused language rather than neutral terminology like "undocumented immigrants" or "individuals in removal proceedings."

Oversimplification: The question implies that "failing" a court hearing is straightforward, when the data shows that the Biden Administration failed to remove roughly 99.7 percent of those illegal aliens through immigration court removal proceedings ^[2], suggesting systemic enforcement challenges beyond individual compliance.

Missing systemic context: The question ignores that government administrative failures account for approximately 200,000 dismissed cases ^[4], which represents a significant portion of "failed" cases that aren't due to immigrant non-compliance but rather government procedural failures.

Lack of temporal specificity: Without specifying a timeframe, the question cannot be accurately answered, as the statistics vary significantly by year and administration policies.