Immigration Law

Group representing immigration judges told to get DOJ approval before speaking publicly

A group representing immigration judges has spoken out in the past to criticize court administration and advocate for more independence. But now, representatives for the National Association of Immigration Judges can’t speak to Congress, journalists and professional forums without Department of Justice approval. (Photo by Kevin Grant/Shutterstock)

A group representing immigration judges has spoken out in the past to criticize court administration and advocate for more independence.

But now, representatives for the National Association of Immigration Judges can’t speak to Congress, journalists and professional forums without Department of Justice approval, report the Associated Press and Government Executive. They are also banned from writing articles and blog posts absent approval.

The ban was imposed in a Feb. 15 directive by Judge Sheila McNulty, the chief immigration judge of the DOJ’s Executive Office of Immigration Review, which is the DOJ office that oversees the immigration court system.

McNulty said any bargaining agreement that preserved a right to speak out is no longer valid because the National Association of Immigration Judges lost its recognition as a union in November 2020. The National Association of Immigration Judges is appealing that decision by the Federal Labor Relations Authority.

The AP reached out to union leaders Mimi Tsankov and Samuel B. Cole for comment. They said they were not permitted to comment without approval.

Matt Biggs, president of the International Federation of Professional and Technical Engineers, called the directive “pretty draconian” and “pretty unprecedented” in an interview with Government Executive. The federation is the parent union to the National Association of Immigration Judges.





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