Rumors have been circling around for a couple of weeks now about a new “secret immigration court” at 26 Federal Plaza in downtown New York, NY. This seems to have been confirmed by AILA according to a Policy Brief they published there is a new location where hearings are being done on the third floor of 26 Federal Plaza as well as another one in Washington D.C. in the Federal Emergency Management Agency (FEMA) headquarters, which is accessible only through a McDonald’s lobby. Additional sites are reportedly under consideration in Chicago, Denver, Miami, and San Antonio.
TL;DR
- The Executive Office for Immigration Review (EOIR) is utilizing non-traditional, unmarked spaces, ICE-controlled facilities, to conduct immigration hearings.
- Respondents are receiving late or no notice regarding these location changes, resulting in individuals missing court dates and receiving in absentia removal orders.
- These secretive locations appear specifically designated to expedite the deportation of unrepresented (pro se) individuals.
- ICE personnel are unlawfully denying public access to these hearings, blocking legal observers, reporters, and congressional staff.
- The practice compromises court neutrality and demonstrates why Congress needs to pass the Real Courts, Rule of Law Act to establish an independent Article I immigration court.
Secret Immigration Courts Targeting Unrepresented Individuals
The lack of clear signage for the “secret court” on the third floor and the lack of formal notice of the hearing location deprives individuals of their fundamental right to a fair hearing. Consequently, many respondents fail to locate their courtrooms despite arriving on time, leading judges to issue removal orders in their absence. According to AILA at least nine individuals were ordered removed in absentia during a single court session in New York due to these logistical failures.
The operational design of these hidden courts disproportionately harms vulnerable populations. Evidence suggests these courts are exclusively targeting pro se respondents who lack legal representation. At the New York facility, explicit signage directs “pro se (no attorney)” cases to the ICE-controlled floor. Furthermore, attorneys have reported that when they enter appearances for clients scheduled at these hidden locations, the government abruptly reassigns the cases to standard immigration courts. Challenging an in absentia removal order is procedurally complex, placing an extreme burden on unrepresented individuals to prove they did not receive proper written notice or faced exceptional circumstances.
PUBLIC HEARINGS ARE ESSENTIAL TO A DEMOCRACY & ARE REQUIRED BY LAW
Federal regulations (8 CFR Ā§Ā§ 1003.27, 1240.10(b)) mandate that immigration hearings remain open to the public, barring specific exceptions for sensitive cases. However, ICE personnel lacking the legal authority to manage court access are actively blocking observers, including attorneys, journalists, and members of Congress, from entering these new locations. This forceful ICE presence effectively erases the traditional boundary between neutral judicial proceedings and immigration enforcement. Historically, immigration courts operated as neutral environments managed by non-enforcement entities like the General Services Administration. The current integration of ICE into court operations is designed to intimidate attendees and dissuade individuals from appearing for their hearings out of fear of apprehension.
This is their tactic. To keep these things hidden. It is why the Online Detainee Locator System operated by U.S. Immigration and Customs Enforcement is āno longer disclosing information and whereaboutsā regarding detained migrants, making it hard for immigration lawyers to find their clients. Leaving families of those kidnapped off the streets and even their legal representatives unable to find out where they are once ICE goons grab them.
Courts Should Be Under the Judicial Branch, obviously
These hidden courts are part of a broader structural failure stemming from the executive branch having control over the immigration court system. The Trump administration has leveraged this authority to impose rigid quotas, terminate the employment of immigration judges, and pressure courts to issue deportations, culminating in a record 94% asylum denial rate as of June. They have replaced a large portion of the members on the Board of Immigration Appeals, which is the body that hears appeals of immigration cases and issues binding case precedent. The new Board of Immigration Appeals made up of Trump appointed members have been issuing precedential decisions at a rate that is completely unheard of and it has allowed this administration to re-write the laws without Congress.
To restore integrity to the system, EOIR must immediately resume operational control over all court facilities, ensure proper legal notice and signage, and guarantee public access. ICE must withdraw its operational presence from court sites and reinstate policies prohibiting enforcement actions near judicial proceedings. Congress must conduct rigorous oversight of these hidden facilities and demand transparency regarding observer access.
Ultimately, the permanent solution is for Congress to pass the Real Courts, Rule of Law Act, which would separate immigration courts from executive branch control by establishing an independent Article I court system.
READ MORE ABOUT THE SECRET COURT HERE
