The Executive Office of Immigration Review is continuing the Trump-era policy of refusing to recognize NAIJ-IFPTE Judicial Council 2 in violation of federal labor law and despite widespread support for NAIJ and immigration judges’ union rights.
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Department of Justice’s Executive Office of Immigration Review has withdrawn its opposition to the National Association of Immigration Judges-IFPTE Judicial Council 2 (NAIJ) motion to reconsider the Federal Labor Relations Authority’s November 2, 2020 decision to decertify the immigration judges’ union.
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NBC Nightly News aired a televised segment featuring National Association of Immigration Judges-Judicial Council 2 (NAIJ) President Amiena Khan and NAIJ Executive Vice President Dana Marks alongside retired Immigration Judges Charles Honeyman and Lisa Dornell. Separately, the Catholic Labor Network shared with its members Immigration Judges’ role in the immigration system, NAIJs efforts to defend due process rights, and the Trump Administration’s union busting against NAIJ.
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Legal scholars and leaders of 80 unions and organizations urge the Attorney General to stop the cynical attempt begun by the Trump administration to silence immigration judges and decertify their union.
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The International Federation of Professional and Technical Engineers’ (IFPTE) campaign to halt the Trump-era effort to decertify the National Association of Immigration Judges-IFPTE Judicial Council 2 (NAIJ) received a helpful boost today with the House Labor Caucus’ letter to Attorney General Garland requesting the Department of Justice withdraw the petition to decertify NAIJ.
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IFPTE Secretary-Treasurer/Legislative Director Matt Biggs expressed the union’s appreciation for the Senators, saying, "Chairman Richard Durbin, Chairman Alex Padilla and the Senate Judiciary Democrats have shown true leadership by standing up for immigration judges' union rights by urging Attorney General Garland to halt the previous Administration's assault on the NAIJ.”
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Judge Ashley Tabaddor, president of IFPTE Judicial Council 2, was selected by the Biden administration to serve as chief counsel of the U.S. Citizenship and Immigration Services (USCIS).
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The letter to Attorney General-designate Merrick Garland urges him to “take all necessary actions to ensure that immigration judges can continue to be represented by their union.”
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On Election Day, the Trump Administration's Federal Labor Relations Authority (FLRA) issued a stunning decision that all members of the National Association of Immigration Judges (NAIJ/IFPTE Judicial Council 2) would lose their collective bargaining rights because they are supposedly managers. In what was described by FLRA member Ernie DuBester, who dissented from the misguided ruling, called the ruling of his two FLRA colleagues, "the antithesis of reasoned decision-making."
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In response to last week's executive order "obliterating vast portions of the merit-based selection process for executive branch employees,” NAIJ/Judicial Council 2 released the following press release.
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In a decision and order upholding the union rights of Immigration Judges, the FLRA rejected DOJ's claim that NAIJ members are managers and create or modify immigration policy.
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In a statement decrying the possible furloughs at the US Customs and Immigration Service, NAIJ noted that “preventing [USCIS] from pursuing its mission by furloughs of its workforce is short-sighted and misguided. It harms U.S. citizens who seek to be united with family members, harms U.S. businesses--large and small--in need of workers to fill jobs Americans do not choose to fill, and harms those seeking refuge from persecution abroad.”
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“Imagine going to a court where you’ve been charged by a prosecutor, and when you come to court you find out that the judge is hired by the prosecutor and can be fired by the prosecutor and then ultimately the prosecutor can come in and overrule the judge if he is not satisfied by the process,” said Ashley Tabaddor, president of the NAIJ, at a March press conference.
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In their latest statement, NAIJ/IFPTE Judicial Council 2 is joined by AFGE Local 3525, representing staff at the Board of Appeals, in calling for basic workplace safety measures and communication from agency leadership.
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After the National Labor Relations Board (NLRB) took the unprecedented step of suspending all union representation elections in response to the COVID-19 crisis, including an election being led by ESC/IFPTE Local 20, Congressmen Andy Levin (D-MI) and Brian Fitzpatrick (R-PA) led a bipartisan sign-on letter to House leaders.
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The request follows IFPTE's recommendation to Congressional leaders that the next relief bill include "maximum use of telework" whenever possible for federal employees.
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As civil rights groups and immigration attorneys file separate lawsuits to close the Immigration Courts and move proceedings remotely, NAIJ proposes options for remote hearings.
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Rep. Jayapal and Washington State Dems, Chairman Nadler, and Senators Feinstein, Warren and Markey join attorneys, civil rights group, NAIJ/JC 2, AFGE Local 511, and American Immigration Lawyers Assoc. in requesting immediate of suspension of hearings in the name of public safety.
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NAIJ/IFPTE Judicial Council 2, government layers union, immigration lawyers, and migrant organizations have all called for ceasing in-person hearings for the sake of public and occupational health.
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In line with urgent guidance from public health agencies and for the sake of public health, the National Association of Immigration Judges calls for closing the Immigration Courts due to COVID-19.
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