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 to Continue Implementing New Policy Memorandum on Notices to Appear
U.S. Citizenship and Immigration Services (USCIS) is continuing to implement the June 28, 2018, Policy Memorandum (PM), Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 140 KB).
USCIS may issue NTAs as described below based on denials of I-914/I-914A, Application for T Nonimmigrant Status; I-918/I-918A, Petition for U Nonimmigrant Status; I-360, Petition for Amerasian, Widow(er), or Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile Status petitions); I-730, Refugee/Asylee Relative Petitions when the beneficiary is present in the US; I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; and I-485 Application to Register Permanent Residence or Adjust Status (with the underlying form types listed above).
If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.