EOIR Updates Guidance on Observing Immigration Court Hearings

What Changed Under the Updated EOIR Guidance?

Immigration court hearings are generally open to the public, subject to limited exceptions. In June 2026, EOIR issued an updated fact sheet explaining how public observation works when immigration proceedings are conducted through internet-based hearings.

One important point is that members of the public may observe a hearing through Webex when the proceeding is a web-only hearing and there is no physical courtroom available for the proceeding. This provides a way for members of the public to observe certain remote hearings without traveling to an immigration court.

When Can the Public Observe a Hearing Through Webex?

The updated EOIR guidance distinguishes between a hearing that is entirely internet-based and a hearing in which the judge, respondent, or attorney is appearing from a physical courtroom.

For a web-only hearing where no physical courtroom is available, members of the public may be permitted to observe through Webex, subject to EOIR's requirements and any applicable restrictions. By contrast, EOIR states that observers will not be permitted to attend through Webex when the judge, respondent, or counsel is appearing in a physical courtroom.

• Web-only hearing: Public observation through Webex may be available.
• Physical courtroom hearing: A member of the public generally must observe from the physical courtroom rather than using the Webex connection.
• Closed hearing: Public observation is not permitted when the hearing is properly closed.

This distinction can be particularly important for family members of detained respondents who want to watch a relative's hearing from another location.

When Can an Immigration Court Hearing Be Closed?

Although immigration court hearings are generally open to the public, not every proceeding can be observed. EOIR's guidance recognizes circumstances in which a hearing may be closed or attendance may be limited.

A hearing may be closed when required by law, when an immigration judge grants a request to close the proceeding, or when the judge determines that closure or limits on attendance are appropriate under the applicable rules.

What Families and Observers Should Know

For someone trying to observe an immigration court hearing, the first step is to determine how the hearing will actually be conducted. The hearing notice or information provided by the court may contain a Webex address, but that alone does not establish that the public can use the link to observe remotely.

If the hearing is being conducted in a physical courtroom, an interested observer may need to attend the court in person. EOIR also states that cameras and recording devices are prohibited in courtrooms and other EOIR spaces.

1. Confirm the date, time, and location of the hearing.
2. Determine whether the proceeding is web-only or involves a physical courtroom.
3. Determine whether the hearing is open to public observation.
4. Follow the immigration court's instructions for attending or observing the proceeding.

EOIR maintains information about individual immigration courts and their hearing procedures. Court documents and hearing notices should be treated as the official source for the details of a particular proceeding.

Practical Guidance for Immigration Court Proceedings

The updated fact sheet provides useful clarification as immigration courts continue to use both physical and internet-based proceedings. For families of detained immigrants, knowing whether a hearing can be observed remotely can make it easier to stay informed about an important court proceeding.

At the same time, observation of a hearing is different from participating in the case. A person who wants to understand the legal issues in a particular immigration proceeding, respond to a removal case, seek relief, or address detention should consider obtaining individualized legal advice.