Chicago – December 21, 2025
The Supreme Court on Friday sided against the Trump administration, keeping alive a federal lawsuit from immigration judges who are attempting to challenge a policy that limits their ability to speak publicly.
“At this stage,” the court said in a brief order, “the government has not demonstrated that it will suffer irreparable harm without a stay.”
There were no noted dissents and the decision suggested the Trump administration could try again at a later stage.
The case started off as a challenge to a personnel policy that requires immigration judges to obtain approval before they offer public remarks. A former labor union that represented the judges – who are part of the Justice Department – sued in federal court alleging that the policy violated their First Amendment right of free speech.
That policy, which began during President Donald Trump’s first term and was altered during the Biden administration, “categorically forbids” the judges “from speaking publicly in their personal capacities about immigration and about the agency that employs them,” attorneys at the Knight First Amendment Institute at Columbia University told the Supreme Court.
