Immigration Courts Hiding ICE Lawyers' Names Goes Against Centuries of Precedent and Legal Ethics Requiring Transparency

The U.S. immigration court system is facing a surprising development: government lawyers are being allowed to conceal their names during public hearings. This secrecy violates a fundamental principle that has protected Americans for centuries: open courts. The tradition of open courts developed as a direct rejection of secret judicial proceedings that were used to abuse power in England. The U.S. legal system has repeatedly emphasized that "justice faces its gravest threat when courts dispense it secretly." Every federal appeals court has recognized that the constitutional right to public observation extends to civil cases, with some exceptions.

Key Takeaways:

• The tradition of open courts in the U.S. developed as a direct rejection of secret judicial proceedings used to abuse power in England.
• The U.S. legal system has repeatedly emphasized that "justice faces its gravest threat when courts dispense it secretly."
• Every federal appeals court has recognized that the constitutional right to public observation extends to civil cases, with some exceptions.
• There is no explicit law requiring attorneys to be publicly named, but there is also no policy allowing their names to be kept secret.
• The presumption is always toward openness in court proceedings.

Statistics:

• Only 1% of the opinions from the Board of Immigration Appeals are publicly available.
• Immigration court records are less accessible to the public than other federal court proceedings.
• 95% of immigrants appear without an attorney in immigration court.
• Outcomes are better for those who can afford to hire counsel.
• Court watching has become an important way for citizens to ensure due process is honored, especially in immigration cases.

Sources:

• The Conversation (Au and NZ) -- By Cassandra Burke Robertson, Professor of Law and Director of the Center for Professional Ethics, Case Western Reserve University
• wrecks against centuries of precedent and legal ethics requiring transparency in courts -- ahttps://theconversation.com/immigration-courts-hiding-the-names-of-ice-lawyers-goes-against-centuries-of-precedent-and-legal-ethics-requiring-transparency-in-courts-261452