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EOIR Policy Manual

EOIR Policy Manual
Part II - OCIJ Immigration Court Practice Manual

3.8 - Public Access

(a) General Public

      (1) Hearings - Hearings in removal proceedings are generally open to the public.  However, special rules may apply in the following instances:

  • Hearings are to be closed when the case involves an abused child or abused spouse or includes information subject to a protective order, filed under seal, or is classified. See 8 C.F.R. §§ 1003.27, 1003.31(d), 1003.46. In the case of an abused spouse, the hearing may be opened to the public with the abused spouse’s consent. See 8 C.F.R. § 1003.27(c).
  • Evidentiary hearings on applications for asylum or withholding of removal are open unless the respondent expressly requests that the hearing be closed. See 8 C.F.R. § 1240.11(c)(3)(i). The Immigration Judge shall inquire whether the respondent requests such closure. See 8 C.F.R. § 1240.11(c)(3)(i).
  • Depending upon physical facilities, the Immigration Judge may place reasonable limitations upon the number in attendance at any one time with priority given to the press over the general public. 8 C.F.R. § 1003.27(a).

See 8 C.F.R. §§ 1003.27, 1003.31(d), 1003.46, 1208.6, 1240.10(b), 1240.11(c)(3)(i).  Only parties, their practitioner(s) of record, employees of the Department of Justice, and persons authorized by the Immigration Judge may attend a closed hearing.

(2) Immigration Judges authorized to close hearings - Immigration Judges have discretion to limit attendance or close a hearing to protect witnesses, parties, or the public interest, even if the hearing would normally be open to the public. See 8 C.F.R. § 1003.27(b).

(3) Motions to close hearing — For hearings not subject to the special rules in subsection (1), above, parties may make an oral or written motion asking that the Immigration Judge close the hearing.  See 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 Chapter 2 (Filing with the Immigration Court), Appendix D (Cover Pages).

(b) 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 Chapter 3.12 (Electronic Devices).  The news media are encouraged to notify the Public Resources and Communicative Division and the court administrator before attending a hearing.   See Appendix A (Directory).