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Supreme Court Lets Immigration Judges’ Free-Speech Lawsuit Proceed for Now

The order clears the way for a Virginia judge to probe whether the civil service review system remains independent.

Overview

  • The justices denied the Trump administration’s emergency request, saying the government had not shown irreparable harm without a stay.
  • The Fourth Circuit’s remand stands, allowing the district court to conduct fact-finding on whether recent firings have undermined the independence of the federal personnel review scheme.
  • The government can return to the Supreme Court for relief if the district court moves into discovery before the justices consider the forthcoming petition.
  • The case challenges a DOJ/EOIR policy, first issued in 2017 and later revised, that requires prior approval and effectively bars immigration judges from speaking publicly in their personal capacities about immigration and their agency.
  • The dispute could shape whether federal employees must use CSRA channels or may sue in federal court, marking a rare setback for the administration on the Supreme Court’s emergency docket.