Supreme Court Reverses Fourth Circuit on Party Presentation in Immigration Judges Case
In October 2021, the Executive Office for Immigration Review (EOIR), under the Department of Justice, implemented a policy requiring immigration judges to obtain supervisory approval before making public speeches or statements related to their official duties. The policy aimed to ensure that such speech aligned with EOIR’s official positions and did not carry the appearance of official endorsement. The National Association of Immigration Judges (NAIJ), representing its members, challenged the policy in the U.S. District Court for the Eastern District of Virginia. NAIJ asserted that the policy violated its members’ First and Fifth Amendment rights. Both parties acknowledged the framework of the Civil Service Reform Act of 1978 (CSRA), which generally channels most federal employees’ work-related grievances through the Merit Systems Protection Board (MSPB) and the Office of Special Counsel, rather than allowing direct access to federal district courts. NAIJ argued that its consti...