Immigration courts hiding the names of ICE lawyers goes against centuries of precedent and legal ethics requiring transparency in courts; The Conversation, July 23, 2025

 

1. Cassandra Burke Robertson, Professor of Law and Director of the Center for Professional Ethics, Case Western Reserve University, The Conversation; Immigration courts hiding the names of ICE lawyers goes against centuries of precedent and legal ethics requiring transparency in courts

[Kip Currier: ICE immigration lawyers intentionally hiding their names, and immigration court judges facilitating this practice, should chill the blood of any lawyer and non-lawyer concerned about accountability, transparency, and ethics in a democratic country. This is not normal practice for free societies that care about public trust. We should not and cannot permit such actions to be normalized: civil watchdogs like the ACLU and legal groups like the American Bar Association (ABA) have a responsibility to publicize their positions on these concerning developments.

The speed at which the U.S. is transitioning into an autocratic police state is both stunning and terrifying.

For more information on these issues, see here and here.]

[Excerpt]

1. "Something unusual is happening in U.S. immigration courts. Government lawyers are refusing to give their names during public hearings.
2. 
   
3. In June 2025, Immigration Judge ShaSha Xu in New York City reportedly told lawyers in her courtroom: “We’re not really doing names publicly.” Only the government lawyers’ names were hidden – the immigrants’ attorneys had to give their names as usual. Xu cited privacy concerns, saying, “Things lately have changed.
4. 
   
5. When one immigration lawyer objected that the court record would be incomplete without the government attorney’s name, Xu reportedly refused to provide it. In another case, New York immigration Judge James McCarthy in July referred to the U.S. Immigration and Customs Enforcement, or ICE, attorney as merely “Department” throughout the hearing.
6. 
   
7. New York immigration Judge Shirley Lazare-Raphael told The Intercept that some ICE attorneys believe it is “dangerous to state their names publicly.” This follows a broader pattern of ICE agents wearing masks during arrests to hide their identities. 
8. This secrecy violates a fundamental principle that has protected Americans for centuries: open courts. Here’s how those courts operate and why the principle governing them matters."