1.6 - Electronic Devices

(a) Overview

This section outlines possession and use of electronic devices in Executive Office for Immigration Review (EOIR) space.  However, in any immigration court or detention facility administered under agreement between EOIR and federal, state, or local authorities, the facility’s rules regarding possession and use of electronic devices apply in addition to the rules described below.  For example, in some facilities, individuals, including attorneys, are prohibited from bringing cellphones, laptops, and other electronic devices into the facility.

Nothing in this section shall be construed to restrict or interfere with the reasonable use of adaptive technology by a person with a disability.

Violators are subject to possible penalties by authority of the Federal Protective Service, per 40 U.S.C. § 1315 and 41 C.F.R. subpart C, 102-74.365-.455.

(b) Possession

All persons, including parties and members of the press, may keep in their possession laptops, cellphones, electronic calendars, and other electronic devices commonly used to conduct business activities, including electronic devices which have collateral recording capability.  All electronic devices must be turned off in courtrooms and during hearings, unless otherwise authorized for practitioners of record or DHS attorneys representing the government, as described below.

(c) Use

In courtrooms, only practitioners of record and attorneys from DHS representing the government are authorized to use laptops, electronic calendars, and other electronic devices commonly used to conduct business activities, provided those electronic devices are used to conduct immediately relevant court and business-related activities.  Such devices may only be used in silent/vibrate mode.  The use of such devices must not disrupt the hearing, and the Immigration Judge has the discretion to prohibit the continued use of any electronic devices that pose a disruption to ongoing proceedings.  Cellphones and other electronic devices must be turned off when not in use to conduct business activities in the courtroom.  

No device may be used by any person other than the Immigration Judge to record any part of a hearing.  Third-party notetaking applications may not be used by parties to proceedings to record any part of a hearing and must not be used to access Webex hearings.  This includes notetaking applications with or without artificial intelligence with the capability to record and convert conversation into notes.  

At the discretion of the Immigration Judge, Appellate Immigration Judge, or Administrative Law Judge, continued business-related use of otherwise authorized electronic devices may be deemed a disruption to proceedings and subsequently prohibited.  Relatedly, Immigration Judges have discretion to impose other remedial measures to maintain proper order in the courtroom, under 8 C.F.R. § 1003.10(b).  Similar discretion lies with Appellate Immigration Judges under 8 C.F.R. § 1003.1(d)(1)(ii) and Administrative Law Judges under 28 C.F.R. § 68.28(a)(7) and (8).

Outside of courtrooms and hearings, electronic devices may be used by any person in non-recording mode, but electronic devices must be made silent, and usage must be limited and non-disruptive.  For more information on the use of Electronic Devices in immigration court specifically, see Part II, Chapter 3.12.