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: Briefing complete on the government’s petition for certiorari and NAIJ’s cross-petition for a writ of certiorari.

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.