Court: Immigration Judges Can Sue Justice Department Over Muzzling Rule

Appeals court says First Amendment claims deserve a hearing—especially with watchdog agency left inoperative by Trump.

WASHINGTON — A federal appeals court ruling earlier this month could dramatically reshape how immigration judges and other civil servants challenge alleged unlawful treatment by the federal government, potentially removing a long-standing procedural barrier.

In a June 3 decision, the U.S. Court of Appeals for the Fourth Circuit ruled in National Association of Immigration Judges v. Owen that a federal district court should reconsider whether it has jurisdiction to hear a First Amendment challenge brought by the National Association of Immigration Judges (NAIJ) against the Department of Justice.