Immigration judges file lawsuit against the DOJ

The US Department of Justice (DOJ) issued a policy this year stating that immigration judges are not allowed to talk about their opinion regarding current immigration policies or processes outside of the office, not even in their homes.

This DOJ-implemented measure states that judges must request prior permission before mentioning anything about current laws or policies.

Due to this measure backed by the Trump administration, hundreds of immigration judges decided to file a lawsuit claiming that the current government is violating their rights as American citizens of freedom of speech.

According to the lawsuit filed by the National Association of Immigration Judges (NAIJ), the Trump administration’s policy is violating the US Constitution.

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The First Amendment

The first amendment of the US Constitution states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances”.

Therefore, immigration judges consider that depriving them of freedom of speech violates the first amendment of the national Constitution and they want to have the right to freely express their opinions in a country like the US,which is a first world country known for respecting and protecting the citizens’ rights.

In fact, they mention that with previous governments, judges were able to give their personal opinions regarding immigration laws and policies as long as they did not question the reputation of the Department of Justice. However, they argue that it is the first time that a government has forced them to remain silent and to avoid giving their personal opinion regarding the country’s laws.

One of the judges involved in the lawsuit mentions: “Part of the job of an immigration judge is to educate the public about the immigration courts and the role they play in society”.

Thus, the judges request the government to suspend this measure immediately, at least until the court reviews and responds to the lawsuit.

The Trump government’s response

The Trump administration has yet to give an official response to the lawsuit filed by immigration judges.

However, it is important for the current administration of the US to review this measure and avoid political chaos amid the health crisis caused by the global Coronavirus pandemic.

Our attorneys can help you!

With recent and sudden changes in US immigration policies, it is imperative to have the right guidance and accompaniment of experts to properly prepare your case and avoid possible rejection by the US Citizenship and Immigration Service (USCIS).

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If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

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