Fired Immigration Judges Appeal MSPB Loss to Federal Circuit

Two fired Justice Department immigration judges appealed a federal panel’s decision affirming the attorney general’s authority to terminate their positions, arguing it violates a century of US Supreme Court precedent.

Two Republican members of the Merit Systems Protection Board backed Trump administration arguments that Article II of the Constitution allows the president to remove “inferior officers” —including immigration judges—without restriction. The administration has relied on that constitutional re-interpretation to justify a wide swath of firings targeting federal workers covered by civil service law.

The March 20 MSPB decision could gut protections for non-partisan civil servants, said Washington Litigation Group, which represents the two immigration judges. The group said it filed a petition for review Monday with the US Court of Appeals for the Federal Circuit.

Megan Jackler and Brandon Jaroch, were fired last year as part of an early wave of terminations that have pushed out more than 100 immigration judges. The DOJ’s Executive Office for Immigration Review, which houses immigration courts, has also leaned on judges to issue more deportation orders and grant fewer asylum claims as part of a campaign to speed up immigrant removals.

The MSPB, an executive branch agency that reviews wrongful termination claims brought by federal workers, reversed an administrative judge’s reinstatement of Jackler and Jaroch. It had paused a number of similar cases before issuing the Friday decision.

In addition to Washington Litigation Group, plaintiffs are represented by Robert P. Erbe.