Bennet, Van Hollen, Colleagues File Amicus Brief Urging Federal Appeals Court to Reverse Decision on Trump Administration Attack on the Merit-Based Federal Workforce

Jun 18, 2026 | Press Releases

Denver - Colorado U.S. Senator Michael Bennet joined Senators Chris Van Hollen (D-Md.), Mark Warner (D-Va.), Mazie Hirono (D-Hawaii), Tim Kaine (D-Va.), Gary Peters (D-Mich.), Andy Kim (D-N.J.), and Angela Alsobrooks (D-Md.) in submitting an amicus brief to the United States Court of Appeals for the Federal Circuit urging the Court to reverse a prior decision that erodes protections for immigration judges and jeopardizes the greater integrity of the merit-based federal civil service.

The lawmakers' amicus, filed in the case of Jackler and Jaroch v. Department of Justice, follows the Merit Systems Protection Board's (MSPB) recent ruling that the attorney general has constitutional authority under Article II to fire immigration judges at will, potentially limiting those judges' ability to appeal their terminations. The decision arose from the 2025 firings of two judges and marks a significant shift in precedent that would allow agencies to argue certain employees who are deemed "inferior officers" are not entitled to traditional civil service protections.

In the amicus brief, the senators outline their concerns with the ruling and the possibility it will open the door to broader constitutional challenges to protections for employees across the federal workforce. The senators requested the Court reverse the decision of the MSPB and cancel the removals of Jackler and Jaroch.

"The Merit Systems Protection Board's decision was incorrect. Article II does not permit the President to override Congress's constitutional power to pass laws governing the federal civil service. Upholding the final administrative decision would fundamentally alter the balance of power between the Executive and Legislative branches. Millions of federal workers would become removable at will - the civil service merit system would functionally cease to exist," wrote the senators.

"The position of Immigration Judge was created by Congress pursuant to its power to 'establish a uniform rule of naturalization.' As employees defined under 5 U.S.C. § 7511, Immigration Judges are entitled to the procedural protections set forth in 5 U.S.C. § 7513. The removals of Jackler and Jaroch without the protections of 5 U.S.C. § 7513 is therefore contrary to the will of Congress. And the President's removal power under Article II cannot 'disable' Congress from enacting a reasonable restriction on the removal of employees whose duties mirror tremendous swaths of the civil service," continued the senators.

"That the President now asserts this authority under Article II does not change the fact that the removals of Jackler and Jaroch are in violation of the Civil Service Reform Act, and accordingly against the will of Congress," concluded the senators.

Bennet has consistently fought to ensure equity within the U.S. immigration system. Last month, Bennet introduced three bills aimed at reforming the Department of Homeland Security (DHS), including Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP): the Keeping Immigrants and Destinations Safe (KIDS) Act; the Training, Responsibility, Uniforms, and Standards for Transparency (TRUST) Act; and the Oversight, Protection, and Enforcement Notification (OPEN) Act. In January, Bennet joined his colleagues in introducing the Providing Useful Budgets for Localities to Invest in Cops by Substituting Appropriations from Federal Enforcement To Yield Results (PUBLIC SAFETY) Act, legislation to redirect nearly $75 billion in funding passed in the Republicans' One Big Beautiful Bill Act (OBBBA) from ICE and send it instead to local law enforcement programs to help hire and train 200,000 local police officers in communities across the country.

In November 2025, Bennet joined his colleagues in introducing the bicameral Restoring Access to Detainees Act, legislation to ensure DHS allows noncitizens who have been detained to contact their legal counsel and families. In August 2025, Bennet joined the Immigration Enforcement Identification Safety (IEIS) Act to prohibit immigration enforcement officials from wearing masks and to require them to wear visible identification. In April 2025, Bennet and U.S. Senator John Hickenlooper (D-Colo.) also led bicameral colleagues in urging Former Attorney General Pam Bondi to address the Executive Office for Immigration Review's decision to fire key immigration judges. In February 2025, Bennet joined his Senate colleagues to introduce the Protecting Sensitive Locations Act, which would reinstate DHS's long-standing policies to prevent ICE from making arrests at sensitive locations like schools, hospitals, and places of worship.

The text of the brief is available HERE.

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