Court sides with Trump in dispute over immigration judges' speech restrictions
Practice Focuses
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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Thai National Sentenced, Faces Deportation for Operating Immigration Fraud Scheme
Nimon Naphaeng, 36, a native and citizen of Thailand, who resided in Wakefield, R.I., was sentenced Monday to 27 months in federal prison for running an immigration fraud scheme that defrauded more than 320 individuals, most of them immigrants, of at least $400,000, and perhaps more than $518,000.
The scheme included the unauthorized filing of false asylum applications on behalf of individuals who did not request, nor authorize, the applications.
“U.S. Citizenship and Immigration Services does not tolerate immigration fraud of any kind,” said Susan Raufer, director of the USCIS Newark Asylum Office. “We are proud of our role in uncovering this fraud scheme and bringing the perpetrator to justice.”
At sentencing, U.S. District Court Chief Judge William E. Smith ordered a provisional amount of restitution of $400,000. The final amount of restitution will be determined subject to additional victims being identified and additional court filings over the next 90 days. According to court documents already filed by the government, restitution in this matter may exceed $518,300. During the investigation, the government seized $285,789.31 from Naphaeng. The forfeited funds will be applied toward restitution for victims of Naphaeng’s crimes.