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While the fear persists that newly-arrived individuals will fail to show up for their immigration court hearings, independent studies show that the vast majority of individuals have a high appearance rate. The Transactional Records Access Clearinghouse notes that since “there is no legal requirement that immigrants actually receive notice, let alone timely notice, of their hearing,” these numbers “were remarkably high.” In fact, the appearance rate increases to a 99.9 percent when asylum seekers have representation, which makes it much more likely they will know their court dates. In circumstances where detention is warranted and based on a legitimate flight risk, a report by Human Rights Watch recommends that detainees be located in regions “more accessible to families, lawyers, and community support,” and that the decision to detain an individual be regularly reviewed by a judge.
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