September 15, 2021court decisionimmigration policyFirst Amendmentcivil service lawjudicial independencefree speechjudicial independenceimmigration
NAIJ sues DOJ over speech restrictions on immigration judges
NAIJ filed a federal lawsuit in September 2021 challenging DOJ regulations that prohibited immigration judges from making public statements about immigration policy, court conditions, and pending legislation. The union argued the speech restrictions violated the First Amendment and the Civil Service Reform Act. DOJ responded that the CSRA channeled all such employment disputes exclusively to the Merit Systems Protection Board, stripping federal district courts of jurisdiction.