4.13 - Electronic Devices

(a) Recording Devices — Removal proceedings may only be recorded with the equipment used by the immigration judge.  No device of any kind, including cameras, video recorders, and cassette recorders, may be used by any person other than the immigration judge to record any part of a hearing.  See 8 C.F.R. § 1003.28.

(b) Possession of Electronic Devices during Hearings — Subject to subsection (c), below, all persons, including parties and members of the press, may keep in their possession laptop computers, cellular telephones, electronic calendars, and other electronic devices commonly used to conduct business activities, including electronic devices which have collateral recording capability.  All electronic devices must be turned off in courtrooms and during hearings, unless otherwise authorized under subsection (c) below.  Outside of courtrooms and hearings, electronic devices may be used in non-recording mode, but they must be made silent, and usage must be limited and non-disruptive.  No device may be used by any person other than the immigration judge to record any part of a hearing.  See subsection (a), above.  For further discussion on the use of electronic devices, see EOIR Policy Memorandum 19-10, EOIR Security Directive: Policy for Public Use of Electronic Devices in EOIR Space (Mar. 20, 2019).

(c) Use of Electronic Devices during Hearings — In any hearing before an immigration judge, only practitioners of record and attorneys from DHS representing the government may use laptop computers, electronic calendars, and other electronic devices commonly used to conduct business activities, provided they are used to conduct immediately relevant court and business-related activities.  Such devices may only be used in silent/vibrate mode.  The use of such devices must not disrupt the hearing, and the immigration judge has the discretion to prohibit the continued use of any electronic devices that pose a disruption to ongoing proceedings.  Cellular telephones and other electronic devices must be turned off when not in use to conduct business activities in the courtroom.  No device may be used by any person other than the immigration judge to record any part of a hearing.  See subsection (a), above.  For further discussion on the use of electronic devices,  see EOIR Policy Memorandum 19-10, EOIR Security Directive: Policy for Public Use of Electronic Devices in EOIR Space (Mar. 20, 2019).

(d) Courtrooms Administered under Agreement — In any immigration court or detention facility administered under agreement between the Executive Office for Immigration Review and federal, state, or local authorities, the facility’s rules regarding the possession and use of electronic devices shall apply in addition to subsections (a) through (c), above.  In some facilities, individuals, including practitioners, are not allowed to bring cellular telephones, laptop computers, and other electronic devices into the facility.