Videoconferencing in Removal Hearings: A Case Study of the ...

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immigrant’s upper body. 44 There is a device for projecting documents onto the television screen, so that the immigrant can view them. At Broadview, the remote site, immigrants sit in a row of chairs in a narrow hallway while they wait for their hearings. An ICE guard escorts them one-by-one in and out of a small room with an open door, a 27-inch television, a small table and two chairs – one for the guard, and one for the immigrant. Although attorneys may, in theory, appear at Broadview to represent their clients, few choose to do so, since appearing at Broadview means sacrificing access to the court, the trial attorney, and files, and losing the ability to gauge the dynamics of the courtroom. 45 The guard sits next to the immigrant, regulates the equipment, and performs clerical duties like giving application forms to immigrants and checking the general Broadview fax machine for documents sent by the Court. From his chair, the immigrant can watch the judge, the attorneys, and the interpreter (if there is one) in Chicago. The judge and attorneys often carry on lengthy, untranslated conversations off the record. Court proceedings are not transcribed by a stenographer but taped from a recorder controlled by the judge. The judge usually commences the hearing by asking the immigrant his or her name to assure that the equipment is functioning properly. After that initial exchange, the judge and the attorneys typically ignore the immigrant until the 44 According to the EOIR, its videoconferencing technology has the capability to display frames within a frame, so that the court and the detainee can see how each appears to the other. We did not see the Chicago court use this function. 45 It is so unusual for attorneys to appear at Broadview that when one attorney from the Legal Assistance Foundation of Metropolitan Chicago did so, he was at first told by the ICE guard that he was not permitted to sit with his client in front of the videoconferencing monitor. 27
conclusion of the hearing, when the judge will order the interpreter to translate the judge’s rough summary of what has been ordered at the hearing. 46 46 For another description of a typical videoconferencing hearing, see Peggy Gleason, Realty TV for Immigrants: Representing Clients in Video Conference Hearings, 5 Bender’s Immigration Bulletin No. 17 (2000). 28
Page 1 and 2: Videoconferencing in Removal Hearin
Page 3 and 4: CONTENTS Organizations 3 Acknowledg
Page 5 and 6: Lisa Colpoys Executive Director Ill
Page 7 and 8: informed of what had happened only
Page 9 and 10: • Nearly 30% of those who had an
Page 11 and 12: Videoconferencing is increasingly b
Page 13 and 14: observations with respect to catego
Page 15 and 16: PART ONE An Overview of Court Video
Page 17 and 18: does not consider to be “punishme
Page 19 and 20: angles or screen size will distort
Page 21 and 22: PART TWO The Chicago Immigration Co
Page 23 and 24: Immigration law is arcane, often de
Page 25 and 26: At the Master Calendar hearing, the
Page 27: judge, printing and delivering noti
Page 31 and 32: Observed Hearings Staff at the Lega
Page 33 and 34: The results from these monitoring s
Page 35 and 36: In total, we conducted two intervie
Page 37 and 38: Observers witnessed problems caused
Page 39 and 40: Technical Problems at the Detention
Page 41 and 42: egularly witnessed attorneys and cl
Page 43 and 44: Table 4.2: Use of Interpreter and F
Page 45 and 46: The interpreter was located in the
Page 47 and 48: were likely to feel more emotionall
Page 49 and 50: Graph 4.1: Rate of Removal among de
Page 51 and 52: PART FIVE Recommendations Downtown
Page 53 and 54: held in one jurisdiction and the co
Page 55 and 56: • EOIR should issue regulations b
Page 57 and 58: listens to the judge and non-Englis
Page 59 and 60: In other administrative hearings, s
Page 61 and 62: CONCLUSION Mandatory detention and
Page 63 and 64: Inadmissibility Grounds: The provis
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