PART B: Right of Media Access to Immigration Hearings

Beyond the Patriot Act: Cases and Laws Outside of the Scope of the PATRIOT Act That Nonetheless Raise Civil Liberties Issues

The U.S. government has imposed secrecy rules for government actions and proceedings post 9/11.  Part of the justification for candidacy is the sensitivity of the terrorist investigations and the need to protect national security initiatives.  Chief Immigration Judge Michael Creppy issued a directive on September 21, 2001, that prohibited the media and the public access to immigration hearings of individuals detained by the INS and classified as being of special interest to the September 11th attacks.  Some distrust emerged.

The two courts that have addressed the Creppy directive have split on the issue.  In Detroit Free Press v. Aschroft, the Sixth Circuit found a First Amendment right to public access of all immigration hearings.  303 F.3d 681 (6th Cir. 2002), reh’g denied, 2003 U.S. App. LEXIS 1278 (2003).  On the other hand, the Third Circuit, with a subsequent denial of review by the Supreme Court, denied the First Amendment right to access immigration hearings.  N. Jersey Media Group v. Ashcroft, 308 F.3d 198 (3d Cir. 2002).

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Cases

• Detroit Free Press v. Ashcroft, 303 F.3d 681 (6th Cir. 2002)
• N. Jersey Media Group v. Ashcroft, 308 F.3d 198 (3d Cir. 2002)