Supreme Court Refuses to Resolve Deportation Secrecy
by Sean Moulton, 6/2/2003
On May 27, 2003 the Supreme Court refused to hear a case challenging the blanket secrecy of deportation hearings held for hundreds of foreigners detained after the September 11th attacks.
The government ordered all immigration hearings closed for foreigners that were deemed "special interest" because of possible terrorist connections. This policy was challenged in two different circuit courts with two different rulings.
In the 3rd Circuit Court, the challenge was denied and the government’s policy of secrecy was upheld. The 6th Circuit Court, however, ruled that the government could only close deportation hearings if they established the need for each individual case.
The New Jersey newspapers, which brought the 3rd Circuit case, were appealing to the Supreme Court. Considering the split in circuit court decisions, the case seemed likely to be taken up by the Supreme Court. While the court did not hear the case or decide in the government’s favor, the court’s refusal to act is victory for the administration’s policy of broad secrecy.