Public Access in the United States
Public Access in relation to Immigration Courts
(information based on the DoJ Manual)
General public
Hearings
Hearings in removal proceedings are generally open to the public. However, special rules apply in the following instances:
- Evidentiary hearings involving an application for asylum or withholding of removal (“restriction on removal”), or a claim brought under the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, are open to the public unless the respondent expressly requests that the hearing be closed. In cases involving these applications or claims, the Immigration Judge inquires whether the respondent requests such closure.
- Hearings involving an abused Alien (person who is not a citizen or national of the United States) child are closed to the public. Hearings involving an abused Alien (person who is not a citizen or national of the United States) spouse are closed to the public unless the abused spouse agrees that the hearing and the Record of Proceedings will be open to the public.
- Proceedings are closed to the public if information may be considered which is subject to a protective order and was filed under seal. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. §§ 1003.27, 1003.31(d), 1003.46, 1208.6, 1240.10(b), 1240.11(c)(3)(i).
Only parties, their representatives, employees of the Department of Justice, and persons authorized by the Immigration Judge may attend a closed hearing.
Immigration Judges authorized to close hearings
The Immigration Judge may limit attendance or close a hearing to protect parties, witnesses, or the public interest, even if the hearing would normally be open to the public. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.27(b).
Motions to close hearing
For hearings not subject to the special rules above, parties may make an oral or written motion asking that the Immigration Judge close the hearing. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.27(b). The motion should set forth in detail the reason(s) for requesting that the hearing be closed. If in writing, the motion should include a cover page labeled “MOTION FOR CLOSED HEARING” and comply with the deadlines and requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing with the Immigration Court, and Sample Cover Page.
News media
Representatives of the news media may attend hearings that are open to the public. The news media are subject to the general prohibition on electronic devices in the courtroom. See (in this American law platform, in relation to immigration courts and judges) Electronic Devices. The news media are strongly encouraged to notify the Office of Communications and Legislative Affairs and the Court Administrator before attending a hearing. See (in this American law platform, in relation to immigration courts and judges) EOIR (Executive Office for Immigration Review) Directory.
Public Access in relation to Immigration Courts
(information based on the DoJ Manual)
Court locations
Office of the Chief Immigration Judge
The Office of the Chief Immigration Judge, which oversees the administration of the Immigration Courts nationwide, is located at the Executive Office for Immigration Review headquarters in Falls Church, Virginia. See (in this American law platform, in relation to immigration courts and judges) EOIR (Executive Office for Immigration Review) Directory.
Hearing locations
There are more than 200 Immigration Judges in more than 50 Immigration Courts in the United States. A list of Immigration Courts is available in Immigration Court Addresses, as well as on the Executive Office for Immigration Review website . Immigration Judges sometimes hold hearings in alternate locations, such as designated detail cities where the caseload is significant but inadequate to warrant the establishment of a permanent Immigration Court. Immigration Judges also conduct hearings in Department of Homeland Security detention centers nationwide, as well as many federal, state, and local correctional facilities. Documents pertaining to hearings held in these locations are filed at the appropriate Administrative Control Court. (Administrative Control Court). In addition, hearings before Immigration Judges are sometimes conducted by video conference or, under certain conditions, by telephone conference. See (in this American law platform, in relation to immigration courts and judges) Hearings by Video or Telephone Conference. With certain exceptions, hearings before Immigration Judges are open to the public. See (in this American law platform, in relation to immigration courts and judges) Public Access. The public’s access to immigration hearings is discussed in Access to Court. For additional information on the conduct of hearings, see (in this American law platform, in relation to immigration courts and judges) Courtroom Decorum and Electronic Devices.
Library and online resources
Law Library and Immigration Research Center
The Board of Immigration Appeals maintains a Law Library and Immigration Research Center (LLIRC) at 5201 Leesburg Pike, Suite 1200, Falls Church, Virginia. The LLIRC maintains select sources of immigration law, including Board decisions, federal statutes and regulations, federal case reporters, immigration law treatises, and various secondary sources. The LLIRC serves the Executive Office for Immigration Review (EOIR), including the Office of the Chief Immigration Judge and the Immigration Courts, as well as the general public. For hours of operation, directions, and collection information, contact the LLIRC at (703) 506-1103 or visit the EOIR (Executive Office for Immigration Review) website . See (in this American law platform, in relation to immigration courts and judges) EOIR (Executive Office for Immigration Review) Directory. The LLIRC is not a lending library, and all printed materials must be reviewed on the premises. LLIRC staff may assist patrons in locating materials, but are not available for research assistance. LLIRC staff do not provide legal advice or guidance regarding filing or procedures for matters before the Immigration Courts. LLRC staff may, however, provide guidance in locating published decisions of the Board. Limited self-service copying is available in the LLIRC. Smoking is prohibited.
Virtual Law Library
The LLIRC maintains a “Virtual Law Library,” accessible on the Executive Office for Immigration Review website . The Virtual Law Library serves as a comprehensive repository of immigration-related law and information for use by the general public.
Records
Inspection by parties
Parties to a proceeding, and their representatives, may inspect the official record, except for classified information, by prior arrangement with the Immigration Court having control over the record. See (in this American law platform, in relation to immigration courts and judges) Administrative Control Court and Record of Proceedings. Removal of records by parties or other unauthorized persons is prohibited.
Inspection by non-parties
Persons or entities who are not a party to a proceeding must file a request for information pursuant to the Freedom of Information Act (FOIA) to inspect the Record of Proceedings. See (in this American law platform, in relation to immigration courts and judges) Freedom of Information Act.
Copies for parties
The Immigration Court has the discretion to provide parties or their legal representatives with a copy of the hearing recordings and up to 25 pages of the record without charge, subject to the availability of court resources. Self-service copying is not available. However, parties may be required to file a request under FOIA to obtain these items. See (in this American law platform,
in relation to immigration courts and judges) Freedom of Information Act.
Digital audio recordings
Immigration Court hearings are recorded digitally. If a party is requesting a copy of a hearing that was recorded digitally, the court will provide the compact disc.
Cassette recordings
Previously, Immigration Court hearings were recorded on cassette tapes. If a party is requesting a copy of a hearing that was recorded on cassette tapes, the party must provide a sufficient number of 90-minute cassette tapes.
Copies for non-parties
The Immigration Court does not provide non-parties with copies of any official record, whether in whole or in part. To obtain an official record, non-parties must file a request for information under FOIA. See (in this American law platform, in relation to immigration courts and judges) Freedom of Information Act.
Confidentiality
The Immigration Courts take special precautions to ensure the confidentiality of cases involving aliens in exclusion proceedings, asylum applicants, battered Alien (person who is not a citizen or national of the United States) spouses and children, classified information, and information subject to a protective order. See (in this American law platform, in relation to immigration courts and judges) Public Access.
Public Access in relation to Immigration Courts
(information based on the DoJ Manual)
General public
Hearings
Hearings in removal proceedings are generally open to the public. However, special rules apply in the following instances:
- Evidentiary hearings involving an application for asylum or withholding of removal (“restriction on removal”), or a claim brought under the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, are open to the public unless the respondent expressly requests that the hearing be closed. In cases involving these applications or claims, the Immigration Judge inquires whether the respondent requests such closure.
- Hearings involving an abused Alien (person who is not a citizen or national of the United States) child are closed to the public. Hearings involving an abused Alien (person who is not a citizen or national of the United States) spouse are closed to the public unless the abused spouse agrees that the hearing and the Record of Proceedings will be open to the public.
- Proceedings are closed to the public if information may be considered which is subject to a protective order and was filed under seal. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. §§ 1003.27, 1003.31(d), 1003.46, 1208.6, 1240.10(b), 1240.11(c)(3)(i).
Only parties, their representatives, employees of the Department of Justice, and persons authorized by the Immigration Judge may attend a closed hearing.
Immigration Judges authorized to close hearings
The Immigration Judge may limit attendance or close a hearing to protect parties, witnesses, or the public interest, even if the hearing would normally be open to the public. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.27(b).
Motions to close hearing
For hearings not subject to the special rules above, parties may make an oral or written motion asking that the Immigration Judge close the hearing. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.27(b). The motion should set forth in detail the reason(s) for requesting that the hearing be closed. If in writing, the motion should include a cover page labeled “MOTION FOR CLOSED HEARING” and comply with the deadlines and requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing with the Immigration Court, and Sample Cover Page.
News media
Representatives of the news media may attend hearings that are open to the public. The news media are subject to the general prohibition on electronic devices in the courtroom. See (in this American law platform, in relation to immigration courts and judges) Electronic Devices. The news media are strongly encouraged to notify the Office of Communications and Legislative Affairs and the Court Administrator before attending a hearing. See (in this American law platform, in relation to immigration courts and judges) EOIR (Executive Office for Immigration Review) Directory.
Public Access in relation to Immigration Courts
(information based on the DoJ Manual)
Court locations
Office of the Chief Immigration Judge
The Office of the Chief Immigration Judge, which oversees the administration of the Immigration Courts nationwide, is located at the Executive Office for Immigration Review headquarters in Falls Church, Virginia. See (in this American law platform, in relation to immigration courts and judges) EOIR (Executive Office for Immigration Review) Directory.
Hearing locations
There are more than 200 Immigration Judges in more than 50 Immigration Courts in the United States. A list of Immigration Courts is available in Immigration Court Addresses, as well as on the Executive Office for Immigration Review website . Immigration Judges sometimes hold hearings in alternate locations, such as designated detail cities where the caseload is significant but inadequate to warrant the establishment of a permanent Immigration Court. Immigration Judges also conduct hearings in Department of Homeland Security detention centers nationwide, as well as many federal, state, and local correctional facilities. Documents pertaining to hearings held in these locations are filed at the appropriate Administrative Control Court. (Administrative Control Court). In addition, hearings before Immigration Judges are sometimes conducted by video conference or, under certain conditions, by telephone conference. See (in this American law platform, in relation to immigration courts and judges) Hearings by Video or Telephone Conference. With certain exceptions, hearings before Immigration Judges are open to the public. See (in this American law platform, in relation to immigration courts and judges) Public Access. The public’s access to immigration hearings is discussed in Access to Court. For additional information on the conduct of hearings, see (in this American law platform, in relation to immigration courts and judges) Courtroom Decorum and Electronic Devices.
Library and online resources
Law Library and Immigration Research Center
The Board of Immigration Appeals maintains a Law Library and Immigration Research Center (LLIRC) at 5201 Leesburg Pike, Suite 1200, Falls Church, Virginia. The LLIRC maintains select sources of immigration law, including Board decisions, federal statutes and regulations, federal case reporters, immigration law treatises, and various secondary sources. The LLIRC serves the Executive Office for Immigration Review (EOIR), including the Office of the Chief Immigration Judge and the Immigration Courts, as well as the general public. For hours of operation, directions, and collection information, contact the LLIRC at (703) 506-1103 or visit the EOIR (Executive Office for Immigration Review) website . See (in this American law platform, in relation to immigration courts and judges) EOIR (Executive Office for Immigration Review) Directory. The LLIRC is not a lending library, and all printed materials must be reviewed on the premises. LLIRC staff may assist patrons in locating materials, but are not available for research assistance. LLIRC staff do not provide legal advice or guidance regarding filing or procedures for matters before the Immigration Courts. LLRC staff may, however, provide guidance in locating published decisions of the Board. Limited self-service copying is available in the LLIRC. Smoking is prohibited.
Virtual Law Library
The LLIRC maintains a “Virtual Law Library,” accessible on the Executive Office for Immigration Review website . The Virtual Law Library serves as a comprehensive repository of immigration
-related law and information for use by the general public.
Records
Inspection by parties
Parties to a proceeding, and their representatives, may inspect the official record, except for classified information, by prior arrangement with the Immigration Court having control over the record. See (in this American law platform, in relation to immigration courts and judges) Administrative Control Court and Record of Proceedings. Removal of records by parties or other unauthorized persons is prohibited.
Inspection by non-parties
Persons or entities who are not a party to a proceeding must file a request for information pursuant to the Freedom of Information Act (FOIA) to inspect the Record of Proceedings. See (in this American law platform, in relation to immigration courts and judges) Freedom of Information Act.
Copies for parties
The Immigration Court has the discretion to provide parties or their legal representatives with a copy of the hearing recordings and up to 25 pages of the record without charge, subject to the availability of court resources. Self-service copying is not available. However, parties may be required to file a request under FOIA to obtain these items. See (in this American law platform, in relation to immigration courts and judges) Freedom of Information Act.
Digital audio recordings
Immigration Court hearings are recorded digitally. If a party is requesting a copy of a hearing that was recorded digitally, the court will provide the compact disc.
Cassette recordings
Previously, Immigration Court hearings were recorded on cassette tapes. If a party is requesting a copy of a hearing that was recorded on cassette tapes, the party must provide a sufficient number of 90-minute cassette tapes.
Copies for non-parties
The Immigration Court does not provide non-parties with copies of any official record, whether in whole or in part. To obtain an official record, non-parties must file a request for information under FOIA. See (in this American law platform, in relation to immigration courts and judges) Freedom of Information Act.
Confidentiality
The Immigration Courts take special precautions to ensure the confidentiality of cases involving aliens in exclusion proceedings, asylum applicants, battered Alien (person who is not a citizen or national of the United States) spouses and children, classified information, and information subject to a protective order. See (in this American law platform, in relation to immigration courts and judges) Public Access.
Public Access (Cable Systems)
This section introduces, discusses and describes the basics of public access. Then, cross references and a brief overview about Cable Systems is provided. Finally, the subject of Communications Law in relation with public access is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Leave a Reply