AP Sues Over Limits to Online Immigration Case Records Access

The Associated Press sued federal courts over Rule 5.2(c), restricting digital access to immigration case records.

On September 15, 2026, the Associated Press filed a lawsuit against the Administrative Office of the U.S. Courts challenging Federal Rule of Civil Procedure 5.2(c). This rule restricts remote electronic access to court records involving orders of removal, relief from removal, immigration benefits, or detention, limiting the availability of these records on the federal PACER system. According to Bloomberg Law, the AP contends that these restrictions impede the press’s ability to report promptly on immigration litigation, thereby violating its First Amendment rights.

The restriction bars reporters from accessing habeas corpus petitions and other immigration court filings instantly, as PACER normally provides for federal courts. Journalist Alexis Waiss noted, "The rule deprives reporters access to habeas corpus petitions and other types of immigration court filings in PACER, which typically provides instant access to federal court records."

Before the lawsuit, the Reporters Committee for Freedom of the Press formally suggested revising Rule 5.2(c) to remove electronic access limitations on immigration cases, emphasizing the public’s right to information. Their comments are recorded in a court document detailing the proposed changes. The Reporters Committee’s filing highlights concerns about transparency and media access.

The case was brought in the U.S. District Court for the District of Columbia, underscoring its federal significance. While the Administrative Office of the U.S. Courts has yet to publicly respond, the lawsuit signals a legal push toward greater openness in immigration court proceedings, which could influence how journalists and legal professionals engage with these cases going forward.