Immigration hearings must be public, rules federal appeals court

By The Associated Press

06.18.02

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PHILADELPHIA — In a blow to the government's attempts to secretly detain terrorism suspects, a federal appeals court has refused to stay a judge's order that immigration hearings involving the suspects must be open to the public.

The ruling yesterday by the 3rd U.S. Circuit Court of Appeals lets stand a federal judge's May 29 decision that the nation's chief immigration judge acted unconstitutionally when he ordered immigration hearings closed in September.

Since the Sept. 11 attacks, the Justice Department has sought to bar the public and journalists from attending the immigration hearings of people detained in the terrorism investigation, arguing that public disclosure would compromise national security.

The nation's chief immigration judge, Michael Creppy, on Sept. 21 issued a memo directing immigration judges to close hearings involving detainees whose cases have been designated of "special interest" to the FBI. It also prohibited court administrators from listing the cases on dockets or confirming when hearings are to be held.

Media organizations around the country have filed suits to reopen the proceedings.

In his May decision, U.S. District Judge John W. Bissell of Newark, N.J., ruled that the government could only hold immigration hearings in secrecy if it could show just cause that making them public would harm an ongoing terrorism investigation.

Civil rights groups, including the American Civil Liberties Union, have said the government's attempts to close all hearings — even those unrelated to terrorism — violate immigrants' rights to an open court process.

"We have never taken the position that they shouldn't be allowed to close particular hearings, if they have a reason," ACLU attorney Lee Gelernt said today. "What we oppose is a blanket closure order that would close every hearing."

The appeals court granted the government's request for a fast hearing on its appeal of Bissell's ruling, meaning that the court is likely to hear oral arguments on the case within a few months.

Justice Department lawyers, who had asked for a stay on Bissell's order while the case worked through the courts, were considering whether to appeal.

Update

Justice Department asks high court to keep immigration hearings closed
Government seeks intervention from justices after failing to persuade federal appeals court to stay judge's ruling.  06.24.02

Previous

Civil rights groups, newspapers win round in effort to open deportation hearings
New Jersey federal judge grants preliminary injunction, saying such hearings may only be closed on case-by-case basis by judge conducting the proceeding.  05.30.02

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N.J. appeals court: Detainee names can be kept secret
Three-judge panel rules that INS chief has broad powers to prevent information release.  06.12.02