Democratic U.S. Congressman Greg Stanton of Arizona is seeking clarity and demanding answers from federal agencies regarding a network of unmarked “pop-up” immigration courts operating in various locations, including a Federal Emergency Management Agency (FEMA) building in Washington, D.C. Stanton encountered significant obstacles when attempting to inspect one such facility, raising questions about public access and the constitutional rights of individuals undergoing immigration proceedings. The incident prompted Stanton and U.S. Rep. Jamie Raskin of Maryland to formally request a briefing and information from the Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), and the Department of Justice (DOJ).
During his initial attempt to visit the Washington, D.C. location, Stanton reported that there was “no signage indicating this is an immigration court room.” Access to the facility was reportedly blocked by two individuals identified as “ICE guards” who initially refused entry. After approximately three hours of phone calls and waiting, Stanton was eventually allowed inside to observe the court proceedings. However, he noted that little activity was occurring once he gained access. Stanton expressed frustration over the delay and the refusal to allow his professional staff to accompany him, leading him to return the following day when court activities were scheduled.
The Washington, D.C. court, situated in a FEMA-owned office building, is reportedly one of several new “pop-up” immigration courts that have emerged across the country. According to reports, similar facilities have been identified in New York, Texas, California, Colorado, Illinois, and Florida. Immigration courts are generally understood to be open to the public without prior notice. Stanton stated that denying public observation constitutes a violation of the United States' Constitution. It remains unconfirmed whether any such courts are currently operating in Arizona. The U.S. Department of Homeland Security and the U.S. Department of Justice’s Executive Office for Immigration Review declined to answer specific questions regarding these facilities.
An unnamed spokesperson for the DOJ’s Executive Office for Immigration Review (EOIR) confirmed that the agency is “opening new hearing locations as needed” but provided no further details on these sites. The spokesperson also issued a statement critical of a former administration, asserting that their current efforts are focused on restoring integrity to the immigration system through fair, expeditious, and uniform hearings in accordance with the law. Stanton, however, emphasized that the lack of information and the nondescript nature of these courts pose a significant challenge to ensuring immigrants receive proper due process. He highlighted the risk that a regular citizen, experiencing a last-minute change from a traditional court to an unmarked office building, might miss their court date. Stanton observed that individuals scheduled to appear at the D.C. facility were absent during his visit.
Immigration attorneys have previously cautioned that these new “pop-up” courts could confuse individuals attempting to attend their hearings, potentially preventing them from locating the court. Failure to appear for a scheduled court date can result in an order of removal, as noted by Stanton. He stressed that while he, as a member of Congress, knows the location of the FEMA office near the Capitol, a lack of clear direction and signage could easily lead to missed appointments for others.
In September, Stanton and Raskin formally addressed their concerns in a letter sent to DHS, ICE, and DOJ, seeking a briefing on the courtrooms and answers to their questions. Stanton indicated that as of his interview, he had not yet received a response. Beyond the constitutional questions of access and due process, Stanton, who oversees FEMA on a relevant subcommittee, also expressed concern about the use of FEMA resources for immigration-related issues. He questioned the availability of “plenty of open space” within FEMA, particularly as the nation enters hurricane season and experiences powerful storms.
FEMA, which operates under the DHS, has faced budget cuts and attempts to close it by a past presidential administration. Stanton conveyed worry that the agency’s resources might be strained by the concurrent use for immigration courts, potentially impacting its primary mission of responding to natural disasters and saving lives during national emergencies. Stanton has visited the “pop-up” court in Washington, D.C. twice and plans further oversight visits after the upcoming November election. He also stated his intention to investigate any such facilities that might be established in Arizona, ensuring public access and transparency in court proceedings.
