Judge OKs Remote Deportation Hearings By Teleconference

WASHINGTON - May 22, 2025 - PRLog -- A federal judge has apparently approved remote hearings, by teleconference over the Internet, to finalize the deportation of several criminals to South Sudan - a procedure which could also provide Abrego Garcia with a due process hearing without returning him to the U.S. - notes public interest law professor John Banzhaf, who was one of the first to propose using a telephonic remote hearing procedure which is already in wide use by immigration authorities.

While not mentioning a hearing by teleconference, the fact that Murphy concluded that the due process hearing could occur without returning the prisoners to the U.S., and despite arguments that conducting a hearing with all required personnel physically present on another continent would be "legal and logistical nightmare," it seems clear that the judge contemplated the use of the teleconference procedures widely accepted by federal immigration authorities, says Banzhaf.

Counsel for the prisoners also objected that the order would require hearings "across multiple time zones" (https://abcnews.go.com/Politics/8-migrants-south-sudan-de...); a problem which would not exist if the hearings were held in person in a foreign country; presumably with a judge, court personnel, attorneys for both sides, etc. all having been flown in to participate face to face.

Also, since government attorneys refuse (https://www.nytimes.com/2025/05/21/us/politics/south-suda...) to divulge where the plane landed allegedly for reasons of national security, it's obvious that they planned to use conferencing over the Internet to conduct the hearing, rather than betraying the location of the prisoners, argues Banzhaf.

Indeed, the use of such Internet-based remote hearings by immigration authorities is very frequent and well established - see, e.g., Find an Immigration Court and Access Internet-Based Hearings (https://www.justice.gov/eoir/find-immigration-court-and-access-internet-based-hearings); EXECUTIVE OFFICE FOR IMMIGRATION REVIEW - Hearings by Video or Telephone Conference (https://www.justice.gov/eoir/reference-materials/ic/chapter-4/7); IMMIGRATION COURT PROCESS - What should I know before an "internet-based" hearing? (https://help.asylumadvocacy.org/faqs-immigration-court/#online-hearing); Executive Office for Immigration Review (EOIR) Guidance on Internet-Based Remote Hearings (https://myattorneyusa.com/immigration-blog/deportation-and-removal/removal-deportation-defense/eoir-guidance-on-internet-based-remote-hearings/) - and can provide all the due process (procedural protections) which the constitution and other law requires, for both Garcia and the other prisoners.

In short, a simple hearing over the Internet from El Salvador could both revoke Garcia's WOR protection against being sent to El Salvador, and also reaffirm his order of removal from the U.S., says Banzhaf, although whether that's the way the Trump administration wishes to proceed is far from clear.

A similar proceeding over the Internet would also permit South Sudan prisoners, through their attorneys present in the U.S., to present their "reasonable fear" claims to a judge and both counsel who would also be in the U.S., concludes Banzhaf.

http://banzhaf.net/   jbanzhaf3ATgmail.com  @profbanzhaf