Remote Immigration Hearings Raise Concerns at 26 Federal Plaza

Starting around September 14, 2026, a change in how some immigration hearings are conducted at 26 Federal Plaza in New York has caused confusion and concern. Unrepresented immigrants, meaning those without a lawyer, are now sometimes being sent to Department of Homeland Security (DHS) controlled rooms on the third floor for their hearings. These hearings are conducted remotely, with judges appearing via video. This new arrangement has led to difficulties for some individuals, including missed court dates and orders of removal.

The shift in procedure means that instead of reporting to the usual immigration court floors, some individuals are directed to a different part of the building. This area is managed by DHS, not the Executive Office for Immigration Review (EOIR), which oversees immigration courts within the Justice Department. The change has been described by some as “scheduling adjustments” by EOIR to help process cases more efficiently. However, the practical effects have been challenging for those navigating the system without legal representation.

Challenges with Relocated Hearing Rooms

The new system at 26 Federal Plaza has presented several obstacles for immigrants attending hearings. One significant issue is the unclear marking and direction to the third-floor rooms. Reports indicate that some individuals received notice of the location change only a few days before their scheduled appearance. Building staff have reportedly provided handwritten directions, and the area itself is not clearly identified as an immigration court.

This lack of clear guidance has resulted in people arriving at the building but being unable to locate their hearing room. The American Immigration Lawyers Association has reported that at least nine individuals were ordered removed from the country after failing to appear at a relocated courtroom. These individuals had reached 26 Federal Plaza but could not find the correct room. The physical separation of the hearing space from the judges’ control, with DHS managing the rooms and access, has also raised questions.

Access and Transparency Concerns

Beyond the difficulties in finding the correct room, there have also been concerns about access to these remote hearings. Immigration hearings are generally open to the public, allowing for transparency in the legal process. However, attorneys, reporters, and congressional staff have reportedly been turned away from the DHS-controlled rooms. This restriction on public access, even with exceptions, raises questions about how the court’s own rules of access are being applied when the physical space is managed by a different agency.

The use of government facilities as temporary court sites is part of a broader trend. Similar arrangements are being used in other cities like Washington D.C., Denver, Miami, Los Angeles, Chicago, and San Antonio. These locations include spaces associated with agencies such as FEMA, the Coast Guard, CISA, ICE, and USCIS. The core issue remains the separation of DHS’s control over the physical space from EOIR’s judicial authority.

Legal Implications of Remote Hearings and Missed Appearances

Federal law does allow for immigration hearings to be conducted by video in certain situations. Therefore, the use of remote judges is not automatically unlawful. However, the specifics of how notice is given and how access is managed can significantly impact the legality of a proceeding in an individual case. Under immigration law, respondents are generally entitled to proper notice of their hearing and the hearings are typically open to the public, unless specific exceptions apply.

A key point of contention can be whether an individual received the correct location information, if they could reasonably find and reach the room, and if they had a genuine opportunity to appear and consult with legal counsel. When a person misses a hearing, the reason for their absence is critical. A removal order can be challenged through a motion to reopen the case. Different rules apply depending on the circumstances, such as improper notice, exceptional reasons for absence, or barriers related to being in custody.

Steps for Individuals Facing Remote Hearings

Individuals scheduled for hearings at 26 Federal Plaza are advised to confirm their assigned location directly with EOIR. It is also important to keep all notices received regarding the hearing. Taking photographs of any posted directions at the building can serve as documentation of the information provided. Arriving early for the hearing and asking building personnel for assistance in locating the courtroom are recommended steps.

Anyone who finds themselves unable to locate their hearing room should contact legal counsel or an accredited representative immediately. If a removal order is issued due to a missed hearing, even if the person was present in the building, they should promptly obtain the official immigration court record. Consulting with a qualified immigration attorney is essential to understand the available options for challenging the order, which may include seeking to reopen the case.

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