4th Circuit lifts court access restrictions in high-profile immigration case
A federal appeals court has agreed to lift restrictions that prevent the press and public from accessing electronic court records filed in a high-profile immigration case.
In an order issued on Thursday, the U.S. Court of Appeals for the Fourth Circuit granted a motion The Intercept filed earlier this week with free legal support from attorneys at the Reporters Committee for Freedom of the Press. The news outlet’s motion had asked the appeals court to remove restrictions that block members of the press and public from remotely accessing court records filed in the case of Badar Khan Suri, a Georgetown University scholar who is challenging whether his detention in March was legal.
“This order is an important first step in bringing greater transparency to federal immigration proceedings that have become front-page news in recent months,” said Lisa Zycherman, the Reporters Committee’s vice president of legal programs. “Courts can and should remove these unnecessary barriers so that journalists can provide the public with timely, accurate, and thorough coverage of immigration cases working their way through federal courts.”
In March 2025, masked federal immigration agents detained Khan Suri, who is living in the United States on a lawful visa, over statements he made against Israel’s war in Gaza. Attorneys for Khan Suri filed a petition — known as a petition for writ of habeas corpus — asking a federal court in Virginia to review whether his detention was lawful.
After two months in detention, a federal judge ordered Khan Suri’s release on bail while he awaits the outcome of his petition. The government appealed and asked the Fourth Circuit to stay the district court’s order releasing Khan Suri.
Despite the public interest in this and other habeas cases, members of the press and public were until Thursday unable to access any party filings in the case via PACER, the electronic system for federal court records. Instead, under a little-discussed procedural rule, anyone interested in monitoring Khan Suri’s appeal and other fast-moving cases had to physically go to the federal courthouse to see documents filed by a party.
On behalf of The Intercept, Reporters Committee attorneys filed a motion asking the Fourth Circuit to lift the electronic access restrictions so that existing and future party filings in that court can be viewed by the press and public via PACER. (Khan Suri did not oppose the motion, while the government took no position.)
“The restrictions on remote electronic access to records in this appeal significantly impede the press and the public’s real-time monitoring of the case,” Reporters Committee attorneys argued in the motion. “Lifting the restrictions … will not only facilitate more accurate and thorough press coverage of these proceedings, but will also vindicate ‘the public’s ability to oversee and monitor the workings of the Judicial Branch.’”
The Fourth Circuit granted The Intercept’s motion in a one-sentence order.
The Reporters Committee for Freedom of the Press is the leading pro bono legal services provider for journalists and news organizations in the United States, offering direct legal representation, amicus curiae support, and other legal resources to protect First Amendment freedoms and the newsgathering rights of journalists. Stay up-to-date on our work by signing up for our newsletters and following us on Bluesky, LinkedIn, Instagram, and Facebook.