Chief Immigration Judge Issues Guidelines for Secret Removal Hearings

IMMIGRATION LAW & POLICY

Removal Procedures and Defenses

CHIEF IMMIGRATION JUDGE ISSUES GUIDELINES FOR SECRET REMOVAL HEARINGS
Immigrants' Rights Update, Vol. 15, No. 8, Dec. 20, 2001

Chief Immigration Judge Michael Creppy has issued instructions regarding special "security procedures" that are to be followed by immigration courts in cases designated by the Office of Chief Immigration Judge. The instructions, issued in a memo dated Sept. 21, 2001, state that because some of these cases involve classified evidence, they must be assigned to immigration judges who currently hold at least a "secret clearance." Hearings in these cases are to be conducted separately from all other cases on the court docket, and these cases are not to appear on posted court calendars.

The instructions also specify that the courtroom must be closed for these cases-"no visitors, no family, and no press." Inquiries about these cases made to the 1-800 number, which normally provides information as to the status of a case, will receive only the message, "Information cannot be released regarding this case. Please contact your local immigration court or the Board of Immigration Appeals if further information is required." In addition, all courtroom personnel are directed not to discuss these cases with anyone. And the instructions specify that "[t]his restriction on information includes confirming or denying whether such a case is on the docket or scheduled for hearing."