Fact check: What are the legal protections for immigrants attending court hearings?

1. Summary of the results

Immigrants in the US have constitutional protections under the Fifth and 14th Amendments ^[1], but these rights are significantly limited in practice. While due process rights exist, there are important exceptions such as the expedited removal process for immigrants present less than two years and within 100 miles of the border ^[2]. Data shows that immigrants generally comply with court requirements - 88% attended all hearings over an 11-year period, with asylum seekers having a 95% attendance rate ^[3]. Recent data from 2021-2022 confirms this trend, with non-appearance rates remaining relatively low at 10-18% ^[4].

2. Missing context/alternative viewpoints

Several crucial contextual elements are missing from the original question:

• Administrative vs. Federal Courts: Immigration courts are administrative courts, not federal courts, which means they have different and more limited protections ^[5]
• Representation Crisis: 70% of people in immigration detention lack legal representation ^[1]
• Public Access Issues: While courts are generally open to the public, immigration courts present unique challenges for journalists and observers, with "extremely foggy" legal rights regarding public access ^{[6] [5]}
• Recent Policy Changes: The Trump administration expanded policies that bypass immigration courts and limit due process protections ^[1]

3. Potential misinformation/bias in the original statement

The original question implies a straightforward system of legal protections, which misrepresents the complex reality:

• The question doesn't acknowledge the significant gap between theoretical rights and practical implementation. While constitutional protections exist on paper ^[2], they are often not fully respected in practice ^[1]
• Various stakeholders benefit from different narratives:
• Government agencies benefit from expanded expedited removal powers that bypass court hearings
• Immigration attorneys and advocacy groups benefit from emphasizing high court attendance rates to counter narratives about immigrants avoiding legal proceedings
• Private detention facilities benefit from limited legal representation and expedited processes
• Media outlets face challenges in reporting on these issues due to restricted access ^[6]