Court sides with Trump in dispute over immigration judges' speech restrictions
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The Supreme Court on Tuesday sided with President Donald Trump's administration in a lawsuit over speech restrictions for immigration judges that touched on the rights of federal workers.
The justices overturned a lower-court ruling that had allowed the case to proceed and raised questions about whether a complaint system for federal employees is still working as intended after the Republican president fired some of its top officials.
Immigration judges are federal employees, unlike those in federal courtrooms. They want to sue over a policy restricting their public speeches that started in Trump's first term in office and continued under President Joe Biden's Democratic administration. The judges argue it is a free speech issue that belongs in federal court.
The Trump administration disagreed, saying the judges must instead take their dispute to the complaint system for federal employees overseen by the Merit Systems Protection Board.
The court ruled on procedural grounds, but Justice Clarence Thomas, joined by Justice Amy Coney Barrett, wrote to rebuke the 4th U.S. Circuit Court of Appeals for responding to "political controversies of the day."
Tuesday's decision comes as the court weighs another lawsuit about Trump's power to fire heads of independent agencies. The outcome is also expected to affect firing power over Merit Systems Protection Board members.
The judges first sued in 2020, and the Supreme Court previously temporarily sided with them on an emergency basis in December 2025. A union said in a statement that the judges were disappointed by the decision, but the case is "far from over."
"Justice cannot endure when judges are intimidated into silence, nor can a nation remain free when the rule of law is subordinate to the whims of political ambition," the National Association of Immigration Judges said.
Acting Attorney General Todd Blanche applauded the decision, saying it "sends a clear message: lower courts must accept that the law is the law, no matter the 'political controversies of the day,'" he wrote in a social-media post.
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USCIS Adjusting Premium Processing Fee
U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.
The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.
“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”
Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.