Remote Access Restrictions to Immigration-Related Court Records

Authors

• Doris H. Zhang, Fordham University School of Law

Keywords

First Amendment; Immigration; Journalism; Access To Courts; Court Records; Federal Rules Of Civil Procedure

Abstract

Journalists today often report on newsworthy federal court cases by remotely accessing the court records online. However, thanks to Federal Rule of Civil Procedure 5.2(c), remote access is not available by default in immigration-related cases. To obtain any court records in immigration cases, journalists must go to the courthouse, hire someone to go on their behalf, or ask the court to exercise its discretion to lift the Rule 5.2(c) remote access restrictions. These alternatives are burdensome, hindering the ability of the press and the public to keep track of immigration cases in federal courts. Despite the burdens on the press and the public, the remote access restriction has remained since its adoption in 2007 for the stated purpose of protecting immigrant plaintiffs’ privacy interests.

This Note argues that the remote access restrictions imposed by Rule 5.2(c) are unconstitutional and imprudent as a matter of policy. Specifically, Rule 5.2(c)’s treatment of immigration cases based on their content violates the First Amendment’s prohibition against content-based discrimination. The rule creates a significant burden on the press and does not sufficiently accomplish its stated purpose of protecting privacy. This Note thus proposes a narrowing of the remote access restrictions placed on immigration-related cases in federal courts.

Recommended Citation

Doris H. Zhang, Remote Access Restrictions to Immigration-Related Court Records, 94 Fordham L. Rev. 2453 (2026).
Available at: https://ir.lawnet.fordham.edu/flr/vol94/iss6/10