Federal Circuit Grants En Banc Review in 2 Fired Immigration Judges' Case
Updated
Updated · Federal News Network · Jun 18
Federal Circuit Grants En Banc Review in 2 Fired Immigration Judges' Case
3 articles · Updated · Federal News Network · Jun 18
Summary
A full Federal Circuit bench will hear Jackler v. DOJ, giving Megan Jackler and Brandon Jaroch a rare chance to challenge their 2025 firings after the court granted initial en banc review Wednesday.
The appeal tests whether DOJ could invoke Article II to fire career immigration judges without cause or pre-termination process, despite Civil Service Reform Act protections for federal employees.
A March 20 Merit Systems Protection Board ruling upheld the terminations, finding immigration judges are "inferior officers," at-will and outside the board's reach when an agency cites constitutional authority.
The hearing, likely this fall, could reshape presidential power over career civil servants more broadly; Senate Democrats and Sen. Gary Peters have warned the MSPB theory threatens federal workforce protections.
Could this case dismantle the legal shield protecting career federal employees from at-will termination?
Is the merit-based civil service facing its most significant legal challenge in modern history?
Federal Circuit’s En Banc Review of Jackler v. DOJ: The Pivotal Battle Over Presidential Power and Civil Service Protections in 2026
Overview
On June 17, 2026, the U.S. Court of Appeals for the Federal Circuit decided to grant an en banc review in the important case of Jackler v. DOJ. This means all active judges will hear the appeal about whether the president can fire immigration judges at will, bypassing civil service protections. The case began after the Merit Systems Protection Board ruled that the judges were 'inferior officers,' raising the possibility that upholding this decision could greatly expand presidential power to dismiss federal employees without cause. The court’s rare move highlights the serious and far-reaching implications of the legal questions involved.