ACLU of Colorado accuses Denver Immigration Court of violating First Amendment

The federal immigration court in Denver is violating the First Amendment and U S law by obstructing access to court hearings and intimidating members of the populace the American Civil Liberties Union of Colorado alleges The ACLU of Colorado noted the Denver Immigration Court in the past few days implemented restrictions that significantly obstruct and limit inhabitants and attorney access to immigration proceedings according to a letter the organization sent to Assistant Chief Immigration Judge Matthew Kaufman Kaufman is assigned to both Aurora and Denver Restricting and intimidating legal observers immigration attorneys and other members of the constituents is an attack on the rule of law Legal Director of ACLU of Colorado Tim Macdonald revealed in a news release It undermines residents trust in our immigration courts and further emboldens the Trump administration to continue its reckless anti-immigration agenda The obstructive tactics noted by ACLU of Colorado in the letter include Handcuffing and detaining legal observers without justification Denying legal observers entry to the courthouse without explanation Preventing attorneys from advising litigants in the courthouse Preventing legal observers from taking notes on information in publicly posted dockets Barring legal observers from conversing quietly in the hallway even though quiet and nondisruptive conversation has been permitted for years Removing long-standing benches from the court hallways Requiring legal observers and attorneys to either sit for the entire docket or be barred from the courtroom entirely including blocking people from entering the courtroom after the docket has started Preventing people from entering the courtroom because of space constraints despite visibly empty seats in the room These restrictions directly oppose the First Amendment federal law and policies from the Executive Office for Immigration Review the ACLU of Colorado wrote in the letter Neither the Executive Office for Immigration Review nor the Denver Immigration Court responded to requests for comment The cases heard at immigration court are profoundly consequential for the families impacted and the general community Emma Mclean Riggs ACLU of Colorado s senior staff attorney mentioned in a comment Every day judges decide whether or not to separate families send people into an increasingly lawless detention system or effectively banish people to countries they have no memory of This powerful court must not operate in the shadows Immigration court hearings are open to the residents with limited exceptions as specified in law according to the Executive Office for Immigration Review Those exceptions include when a episode involves a protection order an abused spouse or child the Violence Against Women Act or asylum according to the office National precaution concerns do not override the society s access right to immigration removal proceedings ACLU of Colorado functionaries reported citing a Sixth Circuit Court of Appeals ruling Open and publicly accessible courthouses are a longstanding right under the First Amendment the letter continues With respect to the restrictions on attorney speech in places like the Denver Immigration Court the establishment may only impose restrictions on speech that are reasonable in light of the purpose of the forum and viewpoint neutral the ACLU of Colorado wrote citing a th Circuit Court of Appeals ruling When the governing body targets particular views taken by speakers on a subject it engages in impermissible viewpoint discrimination in violation of the First Amendment Related Articles Colorado funeral home owner accused of stashing decaying bodies expected to plead guilty in federal court Former attorney for Aurora dentist in high-profile murder development charged with arson of his own home Judge fines Mike Lindell s attorneys for filing AI-generated motion during defamation matter Man convicted in fatal shooting of men outside motorcycle club in Denver Judge ends order blocking deportation of family of suspect in fatal Boulder firebomb attack Throughout the country attorneys speak to clients and unrepresented parties in courthouse hallways lobbies and out-of-session courtrooms about their rights and options the ACLU of Colorado wrote to Kaufman These court proceedings must lawfully remain open to the community including legal observers locality members and members of the press and attorneys must be permitted to practice inside the courthouse without cabinet interference the ACLU of Colorado wrote We request that the Court promptly do everything in its power to uphold longstanding constitutional principles including open populace access to immigration hearings and the independence of the bar Get more Colorado news by signing up for our daily Your Morning Dozen email newsletter