The Department of Justice has imposed a policy requiring immigration judges to seek department approval before speaking with the media or the general public. An organization representing the interests of immigration judges says the move effectively prevents them from voicing their opinions publicly amidst a surge of 3 million unresolved cases.
According to the orders given by Chief Immigration Judge Sheila McNulty, the judges, who are part of the National Association of Immigration Judges (NAIJ), must first receive authorization from the DOJ before expressing their views. The gag-order-like policy for immigration judges does not appear to have any precedent under prior presidential administrations.
The instruction comes at a point when immigration services are being inundated by an invasion of illegal immigrants at the US southern border. Before the new policy, the NAIJ — represented under the umbrella of the International Federation of Professional and Technical Engineers union — had been publicly raising the alarm regarding the overwhelmed immigration system. Federation president Matt Biggs criticized the DOJ order for curtailing the free speech of his union membership.
With the border crisis unabetted by the Biden government, the immigration case backlog continues to worsen. Each of the 682 immigration judges in December had a caseload of around 4,500. The Transactional Records Access Clearinghouse at Syracuse University stated that judges can conclude approximately 750 cases annually.
In a public statement, Judge Mimi Tsankov, who presides over the NAIJ, attributed a share of the blame for the increasing backlog to the Department of Justice’s ineffective leadership and intrusive intervention in the immigration court system. The case backlog has soared from just over half a million in September 2016 to 3 million in November 2023 — with the number of cases continuing to grow.