A federal appeals court ruled it can’t hear a challenge from an immigration judges union to a Justice Department policy that the organization argues stifles their speech, saying the matter should go through an administrative dispute-resolution process first.

The National Association of Immigration Judges sued the Department of Justice’s Executive Office for Immigration Review, which houses immigration judges, over a Trump-era policy requiring judges to get pre-approval of comments they make at events or in writings in their personal capacity. The Biden administration altered the policy, but the union argues it is still too restrictive and would prevent them from speaking publicly about immigration law.