WASHINGTON, D.C. – U.S. Representative Greg Stanton (AZ-04), Ranking Member of the House Transportation and Infrastructure Subcommittee on Economic Development, Public Buildings and Emergency Management, and U.S. Representative Jamie Raskin (MD-08), Ranking Member of the House Committee on the Judiciary, sent a letter to Trump Administration officials raising serious concerns about public access to “pop-up” immigration courtrooms, including one at FEMA headquarters in Washington, D.C.
On Wednesday, September 23, ICE officers barred Ranking Member Stanton, his staff, and House Judiciary Committee staff from entering the courtroom to observe proceedings. Over the next several hours, the Department of Justice, ICE, and FEMA congressional affairs offices each pointed to another agency as the one in charge of access. DHS eventually authorized entry for Stanton alone and did not admit any accompanying staff. When Stanton returned on Thursday, September 24, he waited about 20 minutes before being let in. Once inside, the presiding judge confirmed for the record that the proceedings were open to the public.
The lawmakers note that under federal regulation (8 C.F.R. § 1003.27) and EOIR's own policies, immigration court hearings are presumptively open to the public. A hearing may be closed only if the presiding judge determines that closure is necessary to protect a party. No such determination was made or cited.
"The back-and-forth finger pointing regarding agency jurisdiction over the court was completely unwarranted given that the judge reiterated that the court is open to the public," Stanton and Raskin write. The letter also warns that because each agency disclaimed responsibility, it appears "EOIR's authority over courtroom access is being exercised, in practice, by DHS and its components." It asks DOJ to clarify how EOIR is exercising, or delegating, that responsibility.
The White House has reportedly directed DHS to find space for more immigration courtrooms nationwide, including in Washington, D.C., Los Angeles, Denver, Miami, New York, and San Antonio.
"It is essential that any additional courtrooms operate in full compliance with applicable law and regulation, including public access, and that respondents appearing without counsel receive adequate notice, no less than ten days, if their hearings are relocated to one of these facilities," the lawmakers wrote.
The lawmakers also flagged troubling reports from immigration attorneys. "We are concerned by reports from immigration attorneys of a pattern in which respondents scheduled for hearings at the FEMA headquarters courtroom lack counsel, and in which a respondent's hearing is moved to a more established, publicly accessible court once that respondent retains counsel and counsel enters an appearance," they wrote.
Stanton and Raskin requested written answers within one week to questions that courtroom personnel could not answer during Stanton's visit. The questions include:
- How many respondents have been noticed to appear and have appeared at the courtroom;
- How many judges are assigned to it;
- How many in absentia removal orders it has issued;
- How many respondents may be scheduled for the same hearing time;
- Why congressional staff were denied entry; and
- Why the courtroom has no identifying signage.
The lawmakers also requested a staff briefing within one week.
The full letter is available HERE.