D. Immigration proceedings

Overview

The Supreme Court has not addressed the issue, and lower courts are split on whether immigration proceedings are presumptively open. For example, the court inDetroit Free Press v. Ashcroft, 303 F.3d 681, 700 (6th Cir. 2002) ruled that “[u]nder the two-part ‘experience and logic’ test from Richmond Newspapers, we conclude that there is a First Amendment right of access to deportation proceedings. Deportation hearings, and similar proceedings, have traditionally been open to the public, and openness undoubtedly plays a significant positive role in this process.” But the Third Circuit in North Jersey Media Group, Inc. v. Ashcroft, 308 F.3d 198, 201 (3rd Cir. 2002) found itself “in disagreement with the Sixth Circuit. In our view the tradition of openness of deportation proceedings does not meet the standard required by Richmond Newspapers, or even its Third Circuit progeny.”

6th Cir.