NAIJ Statement on Policy Shift and Legal Action by DOJ Related to Immigration Judges' Union Rights

On June 25, the Department of Justice’s (DOJ) Executive Office of Immigration Review (EOIR) withdrew its opposition to the National Association of Immigration Judges-IFPTE Judicial Council 2 (NAIJ) motion to reconsider the Federal Labor Relations Authority’s (FLRA) decision that seeks to all immigration judges from the NAIJ-IFPTE Judicial Council 2 bargaining unit. A PDF of June 25, 2021 DOJ filling is available here.

DOJ further disavowed the Trump-era effort to remove union rights from immigration judges on July 19 by withdrawing the 2019 FLRA petition to erroneously designate non-supervisory immigration judges as management officials and decertify the immigration judges’ union. A PDF of July 19, 2021 DOJ filling is available here.

Read NAIJ President Amiena Khan’s June 30, 2021 statement on DOJ’s policy change below.

FOR IMMEDIATE RELEASE

 June 30, 2021                                                                          

Statement by Judge Amiena Khan, National Assn. of Immigration Judges President on

Policy Shift and Legal Action by the U.S. Dept. of Justice Related  to

Union Rights for the Nation’s Immigration Judges

This month marks an important turning point in the National Association of Immigration Judges’ 22-month battle at the Federal Labor Relations Authority to defend the rights of the nation’s nearly 500 Immigration Judges.

The withdrawal by the Department of Justice of its opposition to NAIJ’s motion to reconsider decertification is significant. In addition to reversing the effort begun by former Attorney General William Barr to silence judges and strip our members of long-held bargaining rights, we are optimistic that this policy change also signals that the DOJ’s Executive Office of Immigration Review will again recognize NAIJ as the collective bargaining agent for nearly 500 immigration judges. 

The NAIJ thanks the many members of the House and Senate, unions, organizations and scholars who have stood up for the NAIJ and for union collective bargaining rights throughout this fight. This consistent pressure played a vital role in the Department of Justice modifying its position on the issue.  

Silencing Immigration Judges and denying them bargaining rights runs contrary to the Biden administration’s stated positions on unions and Attorney General Garland’s recent testimony to the Senate Appropriations Committee that the immigration court be “as independent as possible” and that “immigration judges should be left alone to do their work.”

The National Association of Immigration Judges (NAIJ), founded in 1971, is a voluntary organization formed with the objectives of promoting independence and enhancing the professionalism, dignity, and efficiency of the Immigration Court. NAIJ is affiliated with the International Federation of Professional and Technical Engineers (IFPTE) and the AFL-CIO.

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The Executive Office of Immigration Review’s (EOIR) policy shift comes after NAIJ filed a Motion to Remand and for Stay at the Federal Labor Relations Authority (FLRA) earlier last week. NAIJ had previously filed a motion to reconsider the FLRA’s controversial and politicized November 2, 2020 decision which misclassified immigration judges as “management officials” and therefore decertify the NAIJ. The DOJ’s recent filing at the FLRA withdraws the DOJ’s opposition these NAIJ’s motions.

After that FLRA decision, NAIJ’s leadership and union members sustained the union and, with IFPTE’s assistance, worked to make sure the incoming DOJ leadership was aware that the agency needed to review and halt the Trump Administration’s unionbusting policy against NAIJ.

Along with Congressional support for NAIJ, labor unions from all sectors and industries, organizations concerned with immigration issues, and legal scholars joined NAIJ to support collective bargaining rights for immigration judges and oppose the FLRA’s decision decertify NAIJ.

IFPTE welcomes DOJ withdrawing it’s opposition to NAIJ’s motion to reconsider the FLRA decision. However, the precedent-setting FLRA decision needs to be reversed and the members that wrote that majority decision are still on FLRA. While President Biden appointed FLRA member Ernest DuBester, the voice of reason in an otherwise politicized FLRA, to Chairman of the FLRA in the first week of the new administration, another FLRA board member will need to be nominated and confirmed by the Senate for NAIJ to have a fair opportunity before the Authority.

IFPTE thanks the unions from all across the labor movement for standing with NAIJ over the past 2 years. Additionally, the diverse group of organizations and legal scholars concerned with immigration, judiciary, and civil rights issues have given significant and timely support. Lastly, NAIJ’s legislative engagement over the past several years resulted in key Members of Congress and congressional staff recognizing that the attack on immigration judges’ union rights was an escalation of the Trump-era politicization of the immigration court. Congressional oversight of EOIR and support for NAIJ was critical to raising the profile of this issue at DOJ.

Immigration, Government, Labor RightsFaraz KhanNAIJ, IFPTE JC 2