Featured Issue: DOJ’s Move to Decertify the Immigration Judges Union

On 8/9/19, DOJ petitioned the Federal Labor Relations Authority (FLRA) in an attempt to strip immigration judges of their right to unionize. DOJ claims that the National Association of Immigration Judges (NAIJ) is no longer a valid union because the judges are managers who can’t form unions under the Federal Service labor-Management Relations statute. DOJ cited a series of "factual and legal developments" it says have added managerial weight to the judges' authority and rendered moot the FLRA's 2000 ruling rejecting the Executive Office for Immigration Review's bid to break up the union. This featured issue page provides updates and other resources.

Litigation

• DOJ’s Petition with the Federal Labor Relations Authority (FLRA) requesting a clarification of unit for an EOIR bargaining unit – Filed August 9, 2019
  • Prior FLRA Decision - WA-RP-90056, Order Denying Application for Review - September 1, 2000

Statements

• AILA Press Statement: DOJ Seeks Termination of Immigration Judges Union, Further Undermining Court Independence – August 15, 2019
• Nadler and Lofgren Issue Statement on DOJ Petition to Decertify the National Association of Immigration Judges - August 13, 2019
  • “In the coming months, the Judiciary Committee will hold hearings to explore the current state of the U.S. immigration court system and develop a foundation for legislation to create an independent immigration court.”
• NAIJ Press Statement: Trump Administration Seeks to Silence Federal Immigration Judges’ Union DOJ Files Legal Documents to End the Labor Rights of Judges Retribution for Speaking Out and Exposing Problems in the Courts – August 12, 2019

Media Articles:

• NPR: Justice Department Moves to Decertify Union that Represents U.S. Immigration Judges - August 13, 2019
• Government Executive: Trump Administration Looks to Decertify Vocal Federal Employee Union - August 12, 2019
• The Washington Post: Justice Department moves to potentially decertify immigration judges’ union – August 9, 2019
• New York Times: Trump Administration Moves to Decertify Outspoken Immigration Judges’ Union – August 9, 2019

Cite as AILA Doc. No. 19081303.