Monthly Archives: April 2016

19
April 2016

US Supreme Court hearing dispute over Obama immigration actions

 

 

 

 

 

Texas is leading 26 states dominated by Republicans in challenging the programs that Obama announced in 2014 and that have been put on hold by lower courts.

 

The programs would apply to parents whose children are citizens or are living in the country legally. Eligibility also would be expanded for the president’s 2012 effort that applies to people who were brought here illegally as children. More than 700,000 people have taken advantage of that earlier program, Deferred Action for Childhood Arrivals. The new program for parents, known as Deferred Action for Parents of Americans, and the expanded program for children could reach as many as 4 million people, according to the nonpartisan Migration Policy Institute.

 

 

 

The high court is expected to decide by late June whether the efforts can move forward in the waning months of Obama’s presidency, amid a presidential campaign that has been marked by harsh Republican rhetoric over immigration.

Republican governors and members of Congress have argued that Obama doesn’t have the power to effectively change immigration law. When he announced the measures 17 months ago, Obama said he was acting under his own authority because Congress had failed to overhaul the immigration system. The Senate had passed legislation on a bipartisan vote, but House Republicans refused to put the matter to a vote.

 

 

 

The administration and immigration advocates say the immigration orders are neither unprecedented nor even unusual. Rather, they say, Obama’s programs build on past efforts by Democratic and Republican administrations to use discretion in deciding whom to deport.

 

The administration and its supporters said the challenged programs do not offer blanket protection, but depend on case-by-case reviews. The protection from deportation also would be temporary, for three years.

 

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05
April 2016

Are Immigration Court Proceedings Open to the Public?

Here’s what practice manual says. Hearings are open to the public except certain cases. For news media in San Diego, including the San Diego Union Tribune, San Diego Reader, San Diego Red, Star News, San Diego Daily Transcript, Beach & Bay Press, San Diego City Beat, Hispanos Unidos, El Latino, San Diego Business Journal, KBNT, NBC News San Diego, Univision, XEWT, KFMB/CBS 8, KGTV/10 News, KPBS, KUSI, XETV/San Diego 6 and KSWB/Fox 5 San Diego, please see https://www.justice.gov/eoir/observing-immigration-court-hearings

4.9 Public Access (a) General public. — (i) Hearings. — Hearings in removal proceedings are generally open to the public. However, special rules apply in the following instances:

 

o 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.

o Hearings involving an abused alien child are closed to the public. Hearings involving an abused alien 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.

 

o Proceedings are closed to the public if information may be considered which is subject to a protective order and was filed under seal. Immigration Court Chapter 4 Practice Manual Hearings before Immigration Judges updates: www.justice.gov/eoir Version released on February 4, 2016 65 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 representatives, employees of the Department of Justice, and persons authorized by the Immigration Judge may attend a closed hearing.

(ii) 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 8 C.F.R. § 1003.27(b).

 

(iii) Motions to close hearing. — For hearings not subject to the special rules in subsection (i), 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 3 (Filing with the Immigration Court), Appendix F (Sample Cover Page).

 

(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 4.13 (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 Appendix B (EOIR Directory)

For those interested in observing immigration court hearings, please see below,

Observing Immigration Court Hearings

The Executive Office for Immigration Review (EOIR) conducts immigration court hearings in 58 immigration courts nationwide. Immigration court hearings are generally open to the public.

Immigration hearings may be closed to the public because:

  • The immigration judge closed the hearing to protect witnesses, parties, or the public interest;
  • The immigration judge granted a motion the parties filed to close a hearing; or
  • The case involves:
    • An abused spouse or child;
    • Information that is protected by a protective order; or
    • An application for asylum, withholding of removal relief, or Convention Against Torture protections.

Before going to observe an open hearing, please note that:

  • You do not need to notify the immigration court in advance to observe an open hearing. When planning to observe an open hearing held within a detention facility, however, you should contact the detention facility in advance to learn of any security clearance requirements for entry to the building.
  • No cameras or recording devices are allowed in the courtroom.
  • When courtroom space is limited, the news media has priority over the general public.

More Information