Deportation Cases Must Not Proceed When Government Withholds Needed Records

As a constituent, I urge you to investigate reports that federal immigration agencies are making it harder for immigrants to get government records they need in deportation cases. Some may help prove a person has the legal right to stay in the United States. Congress should stop improper delays, excessive blacking out of information, and other barriers to a fair hearing. ACCESS TO RECORDS CAN DECIDE WHETHER SOMEONE IS DEPORTED Immigration law can require a person to prove the legal right to stay in the United States. But the government may hold the records needed to prove it. In its September 14, 2026 article, “Immigrants’ Lawyers Say U.S. Is Redacting Documents Proving Legal Status,” The New York Times reported that the government sometimes blacks out large parts of records, says some cannot be found, or rejects requests because a name is written a little differently. That is fundamentally unfair. The government should not require a person to prove a legal right to stay while withholding records that may provide that proof. Congress should find out whether these are agency failures or deliberate efforts to make immigration cases harder to defend and, in either case, correct them. WITHHOLDING THESE RECORDS CAN DENY A FAIR HEARING Federal law gives people facing deportation access to certain government records about how they entered or remained in the United States. In Nightingale v. U.S. Citizenship and Immigration Services (USCIS), a federal court found a pattern of unreasonable delays in providing immigration case files and ordered the agencies to meet Freedom of Information Act (FOIA) deadlines. A former senior USCIS records official has alleged that the agency limited or closed requests even when it had the requested records. Congress should investigate those claims and ensure USCIS acts fairly and legally. Privacy is important, but privacy rules should not block records people need to defend themselves. Due process means a fair chance to present your case. That right means little if evidence is withheld until it is too late to use. I urge you to: (1) INVESTIGATE. Hold hearings and obtain agency rules, reasons for denials, data on delays, and testimony. Determine whether these practices are intentional. (2) REQUIRE ACCESS. Require agencies to provide needed immigration records when legal status, detention, benefits, or deportation is at issue. Limit unnecessary blacking out of information and denials based on minor errors. (3) PROTECT DUE PROCESS. Require immigration judges to allow enough time to obtain important records. Do not allow deportation decisions when the government has not provided records needed for a fair defense. (4) ENFORCE ACCOUNTABILITY. Require DHS to report on delays, redactions, denials, and compliance with the law. Require independent investigations of possible violations. If agencies refuse to fix the problems, use Congress’s control over funding to require change. Thank you.