Republican Senator Chuck Grassley has accused the Biden administration of making improper efforts to silence immigration judges who often bring attention to the flaws in the immigration court system. He deems a recent decree by the Justice Department as a clear and deliberate attempt to discourage and obstruct federal workers from exercising their legally protected right to free speech.
The Justice Department recently informed the National Association of Immigration Judges that they must obtain supervisor approval before making any public remarks or conducting press interviews. This directive was outlined in an email obtained by ABC News.
Sheila McNulty, the recently appointed chief immigration judge, recognized in her email that the judges’ union finds this issue to be a point of contention. However, she directed the leaders to consult with the department before accepting any invitations for written engagements, such as articles or blogs, as well as speaking engagements, such as speeches, panel discussions, or interviews.
According to Matt Biggs, the president of the International Federation of Professional & Technical Engineers (IFPTE), a broader organization that includes the judges’ union, the policy change represents a significant departure from over 50 years of established practice. In the past, immigration judges, who are federal employees under the jurisdiction of the Justice Department, have had the right to express their views publicly at various forums, including congressional hearings and press interviews.
In her letter, McNulty, who became the chief immigration judge in January, did not explicitly prohibit judges from communicating with Congress. However, she mentioned being aware of their recent public engagements, which was seen by Biggs as a reference to the union president’s testimony before Congress in late 2023.
Senator Grassley wrote a letter to Attorney General Merrick Garland on Friday, suggesting that the purpose of the move was to silence government officials who were speaking out against the backlogs in the immigration court system. This comes as the Biden administration faces criticism for its handling of the increasing number of migrants entering the country through Mexico.
Senator Grassley emphasized the crucial need for immigration judges to maintain open lines of communication with Congress, especially given the prevailing immigration crisis at our Southern Border caused by the Biden administration’s leadership and policy failures.
Judge Mimi Tsankov, who received McNulty’s email decree, has been an outspoken critic of the backlog of approximately three million cases awaiting resolution in the immigration court system.
In an interview with ABC News in October 2023, Tsankov emphasized several shortcomings in the immigration court system. He pointed out the lack of resources and the pressure faced by the department to expedite case resolutions.
Tsankov explained that she and her colleagues could face termination if they fail to meet the performance metrics set by the Justice Department. She believes that this arrangement unfairly denies them due process and puts undue pressure on the court.
“We often find ourselves facing an unusual type of pressure that is not typically encountered in a courtroom,” she expressed. “A judge should never be compelled to expedite a case beyond what is fair and just.”
Tsankov emphasized the importance of being able to push back against the administration’s handling of immigration policy and the structure of the immigration courts.
Tsankov declined to comment when approached by ABC News, citing the recently updated policy of the DOJ.
In response to an email from the Chief Immigration Judge on February 15, she stated that she is not allowed to engage in writing or speaking engagements, including interviews, in her role as president of the National Association of Immigration Judges without prior supervisory approval. Therefore, she regretfully declined the interview at this time.
ABC News reached out to the Justice Department for comment, but they did not provide a response.
In his recent State of the Union address, President Joe Biden voiced his support for a bipartisan immigration bill that seeks to secure funding for the appointment of 100 more immigration judges.
During the Trump administration, the Federal Labor Relations Board made the decision to strip judges of their collective bargaining rights, effectively dismantling their union. This move came as the union raised concerns about the increasing backlog of cases.
However, McNulty’s February email marked a turning point for Tsankov. From that moment on, he refrained from publicly sharing his criticisms of the Justice Department’s oversight of the immigration courts.
According to Biggs, the president of IFPTE, the policy shift is causing embarrassment for the Biden administration and contradicts his reputation as a pro-union leader.
According to Biggs, the frontline judges themselves are the ones who have the most insight into what is happening in the immigration courts. He argues that the gag order placed on these judges prevents policymakers and the public from receiving valuable feedback that could be provided by these judges.
IFPTE reports that Tsankov has recently requested permission from the department to attend a series of speaking engagements scheduled for March and April. These engagements include educational programs and judicial conferences. However, Tsankov is still awaiting a response from the department.
IFPTE reports that Columbia University hosts a First Amendment symposium as part of their conference lineup.
Chuck Grassley, in a letter addressed to Garland, has requested the Justice Department to thoroughly examine the revised policy. Grassley emphasizes the importance of safeguarding whistleblower rights and urges the department to provide his office with the specifics of the order by March 25th.
“Federal agencies cannot conceal their misconduct behind illegal nondisclosure policies and related actions,” Grassley wrote.
