The U.S. Supreme Court refused to intervene in a lawsuit where immigration judges challenge a federal policy restricting their public statements on immigration matters.
The justices declined the Trump administration’s request to halt a Fourth Circuit Court of Appeals decision that revived the case. The National Association of Immigration Judges had sued in federal court in Alexandria, Virginia, arguing that speech restrictions imposed on the judges violate their First Amendment rights.
The Legal Battle
A federal district judge initially dismissed the lawsuit, ruling that judges must pursue their claims through the Civil Service Reform Act’s administrative review process. The Fourth Circuit Court of Appeals reversed that decision after the judges’ association appealed the dismissal.
The appeals court pointed to recent executive actions by President Donald Trump, including his removal of the Merit Systems Protection Board chair and the Special Counsel, as evidence that the administrative review system’s independence may be compromised. This reasoning led the court to allow the case to proceed in district court rather than through standard administrative channels.
What Comes Next
Solicitor General D. John Sauer asked the Supreme Court on December 5 to block the appeals court ruling and reinstate the lower court’s dismissal. The high court’s refusal to intervene means the case will continue in federal district court.
The underlying dispute centers on a longstanding federal policy that prohibits immigration judges from making public comments about immigration policy or their employing agency.
