Featured Issue: DOJ Moves 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.

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

Congressional Efforts

• Eighty House Democrats Call on DOJ to Withdraw Petition to Decertify NAIJ - October 16, 2019

Media Articles

• Government Executive: Dozens of Lawmakers to Ask DOJ to Reverse Course on Immigration Judge Union Decertification – October 15, 2019
• The New York Times: Immigration Judges’ Union Lodges Labor Complaints Against Trump Administration – September 27, 2019
• 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

Litigation

• NAIJ Complaints to the Federal Labor Relations Authority
  • Complaint #1 filed on September 27, 2019
    ln and around August 2019, the Agency distributed to all EOIR employees in its daily briefing a prominently displayed summary and link to a white nationalist blog post singling out the Union President and Union Executive Vice President for their actions as both Immigration Judges and as union officials, and in which - among other things - the Union officials were labeled "kritarchs". "Kritarch" is a term used by white nationalists in espousing their noxious conspiracy theories and anti-Semitic beliefs. The distributed article opined that NAIJ should be decertified as a Union. This article was sent shortly after the Agency filing of a unit clarification petition seeking th decertification of the union. The Union officials identified in the article received vicious and threatening voice mails shortly after its publication. Moreover, shortly after the Agency distributed the blog post, it announced that it was ceasing its daily briefing - despite the fact that it is popular and widely read among EOIR employees. The intentional publication of this blog post has the effect of interfering with, restraining, and coercing employees in the exercise of their rights, discouraging membership by discrimination in connection with their conditions of employment, and discrimination in connection with opposition to an Agency petition. Therefore, the Agency's actions constitute a violation of 5 USC Section 7116(aX1),(2), and (4).
  • Complaint #2 filed on September 27, 2019
    On or around April 9, 2019, the Union submitted an information request pursuant to 5 U.S.C. 7114(bX4), requesting a variety of documents concerning whether, and to what effect, members of the bargaining unit were considered inferior officers. The information request was submitted in the course of collective bargaining, and for the purpose of continuing negotiations. Although unknown at the time, the information is directly relevant to a claim made in the Agency's subsequent petition to decertify the union. The Agency has failed to respond to the request and refused to furnish the information, an unfair labor practice under 5 U.S.C. 7116(aX1X5) and (8).
• 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

Cite as AILA Doc. No. 19081303.