Supreme Court Hands Immigration Judges Early Win Against Trump Administration

“At this stage, the government has not demonstrated that it will suffer irreparably harm without a stay,” the justices wrote.

The U.S. Supreme Court has issued a rare ruling against the Trump administration, with the justices refusing to review a high-stakes lawsuit filed by a coalition of federal immigration judges who claim new restrictions on their speech are likely unconstitutional.

In its brief decision, the Supreme Court noted that the Trump administration failed to provide evidence that, absent any immediate intervention, the federal government will likely incur some form of irreparable harm.

“At this stage, the government has not demonstrated that it will suffer irreparably harm without a stay,” the justices wrote.

The order included no signed dissents. While it did not provide the Trump administration with an early-stage victory, it did not dismiss the lawsuit, either.

CNN notes that the case started off as a challenge to a personnel policy. Under the new policy, immigration judges must obtain prior approval before offering public remarks on cases. The judges, who were represented by a “former labor union that represented” them, say the policy infringes on their First Amendment right to free speech.

The policy was implemented during President Donald Trump’s first term in office, then altered under former President Joe Biden. In its current form, the policy “categorically forbids” immigration judges “from speaking publicly in their personal capacities about immigration and about the agency that employs them.”

As the lawsuit has progressed, the federal Department of Justice has challenged the judges’ right to press the case in federal court. Appearing before the Supreme Court, Justice Department attorneys argued that the claim is better suited for review before an independent civil service agency. The immigration judges, for their part, fear that these once-independent agencies have been compromised by politically-influenced resignations and appointments.

In court, the Justice Department alleged that keeping the case in the federal judiciary could set a bad precedent and, potentially, “wreak havoc” going forward.

“Only this court can halt the ongoing and rapidly spreading uncertainty for countless cases,” U.S. Solicitor General D. John Sauer told the justices.

Sources

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