Knight Institute: Margolin v. National Association of Immigration Judges
Source: Knight Institute
Type: news-reporting
Source Text
On July 1, 2020, the Knight Institute filed a lawsuit on behalf of the National Association of Immigration Judges (NAIJ) challenging a Justice Department policy that imposes an unconstitutional prior restraint on the speech of immigration judges. The policy categorically prohibits immigration judges from speaking or writing publicly in their personal capacities about immigration or about the agency that employs them.
For years, immigration judges regularly spoke at conferences, guest lectured at universities and law schools, participated in immigration-law trainings, and spoke to local community groups, all in their personal capacities. But starting in 2017, the Executive Office for Immigration Review issued a series of speaking-engagement policies that sharply curtailed their ability to speak publicly in their personal capacities
The lawsuit argues that the currently operative policy violates the First Amendment right of immigration judges to speak publicly on matters of public concern, and the First Amendment right of the public to hear them. It also argues that the policy is void for vagueness under the First and Fifth Amendments.
On June 3, 2025, the Fourth Circuit vacated the district court’s decision dismissing the case for lack of subject matter jurisdiction, and remanded for further proceedings consistent with its opinion.
Status: On May 26, 2026, the Supreme Court summarily reversed the Fourth Circuit’s decision and denied NAIJ’s cross-petition.
Case information: Nat’l Ass’n of Immigration Judges v. Owen, No. 1:20-cv-00731 (E.D. Va.), No. 20-1868 and 23-2235 (4th Cir.), Margolin v. Nat’l Ass’n of Immigration Judges, No. 25A662, No. 25-767, 25-1009.
Events Citing This Source
| Event | Date | Category |
|---|---|---|
| EOIR Restricts Immigration Judge Speech | 2017 | Erosion of Democratic Norms |
| Immigration Judges Barred from Discussing Policy | Jan 2020 | Erosion of Democratic Norms |
People Mentioned
| Person | Role |
|---|---|
| Donald Trump | 45th and 47th President of the United States |
Institutions Mentioned
| Institution | Description |
|---|---|
| DOJ | United States Department of Justice |
| EOIR | Executive Office for Immigration Review, DOJ agency overseeing U.S. immigration courts |
| MSPB | Merit Systems Protection Board, independent agency adjudicating federal employee appeals |
Related Sources
| Source | Type | Publisher |
|---|---|---|
| Revised Justice Department Policy Still Silences Immigration Judges | news-reporting | Knight Institute |
| Immigration Judges’ Union Sues Department of Justice for Gag Rule | news-reporting | G.U. Free Speech Project |