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The Supreme Court on Friday declined, for now, to block a legal challenge to a Trump administration policy that limits speaking engagements by immigration judges, leaving intact a lower court ruling that sends the case back for additional fact-finding.
In a short unsigned order, the justices refused the administration’s request to halt a decision by the 4th U.S. Circuit Court of Appeals, which revived a lawsuit brought by the National Association of Immigration Judges. The court made clear, however, that the government could return if the trial court moves forward with discovery before the Supreme Court decides whether to take up the case.
The dispute centers on a policy the judges’ association says bars immigration judges “from speaking in their personal capacities about immigration and about the agency that employs them.” The group sued in federal court in Alexandria, Virginia, arguing the policy violates the First Amendment.
U.S. District Judge Leonie Brinkema initially dismissed the case, ruling that under the Civil Service Reform Act the judges must pursue their claims through the federal government’s administrative review process rather than in district court.
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