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Original Date Announced
September 5, 2026The Washington Post reports that the Trump administration is converting a conference room at FEMA's headquarters into a space to conduct immigration hearings for DHS and DOJ. Officials anticipate that 40 to 50 immigration hearings will be held in the space each day, prompting concern among some agency staff about the optics and the association of FEMA with immigration enforcement. This development follows a recent report by House Democrats asserting that the administration's policy of assigning FEMA staff to immigration work has undermined the agency's ability to respond to disasters.
Trump 2.0 [ID #2417]
2026.09.05 Reported: Trump administration to host immigration hearings at FEMA headquarters - Washington PostSubsequent Trump and Court Action
September 28, 20262026.09.28 - Stanton and Raskin Letter
Representatives Greg Stanton and Jamie Raskin wrote to the heads of DHS and DOJ, along with leaders of ICE, FEMA, and the Federal Protective Service, to raise concerns about public access to an immigration courtroom established at FEMA headquarters. The letter details an incident where officials barred Congressman Stanton from observing the "presumptively" public proceedings, leading to conflicting statements from different agencies about which one controlled access. In light of plans to open similar courtrooms nationwide, the representatives request written answers and a briefing to ensure any additional facilities comply with public access laws and regulations.
View DocumentSubsequent Trump and Court Action
September 29, 20262026.09.29 Reported: DHS Expands Pop-Up Immigration Courts, Blocking Public Access - Bloomberg Law
Bloomberg Law reports that during the summer of 2026, the White House directed DHS to volunteer additional facilities, including those of FEMA and the Coast Guard, to serve as makeshift immigration courts to speed up deportations. The policy has created confusion for immigrants and has been criticized by advocates and members of Congress for blocking public access and potentially undermining judges' autonomy over their courtrooms.
New hearing locations are being considered and established in cities such as Washington, D.C., New York, and Los Angeles, but the Trump administration has not publicly announced the sites.
View DocumentCurrent Status
NoneOriginal Trump Policy Status
Status: ReportedTrump Administration Action: Change in PracticeSubject Matter: Hearings and AdjudicationsAssociated or Derivative Policies
- August 5, 2025 Reported: DHS reassigns more than 100 FEMA employees to ICE
Documents
Trump-Era Policy Documents
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New Policy
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Subsequent Action
Original Source:
2026.09.28 - Stanton and Raskin Letter
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Subsequent Action
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Commentary
Original Source:
2026.07.15 Public Access to EOIR Hearings Memo
- Commentary
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Commentary
2026.07.15 Public Access to EOIR Hearings Memo
An EOIR Memo (PM 26-06), issued by Director Daren Margolin on July 15, 2026, reaffirms that immigration court hearings are open to the public and visitors do not need permission to observe them or to use immigration court waiting areas. The memo identifies limited exceptions under which hearings must or may be closed, including cases involving abused children or spouses, classified or sealed information, asylum applicants who request closure, and situations where an IJ exercises discretion to protect witnesses, parties, or the public interest. It also sets out specific conduct rules and establishes complaint procedures.
Go to article2026.09.28 Policy Brief: Hidden ICE-Run Immigration Courts Threaten Due Process - AILA
In a policy brief, AILA reports that EOIR has begun holding hearings in unmarked facilities run by ICE, a new policy that primarily targets unrepresented individuals and denies access to court observers. This shift has led to confusion and missed hearings, resulting in at least nine people being ordered removed in a single court session in New York. The brief also highlights a broader trend of compromised due process, reflected in a record 94% denial rate for asylum cases in June 2026. AILA recommends that Congress pass the Real Courts, Rule of Law Act to create an independent immigration court system.
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