Alert: View AILA’s Coronavirus (COVID-19) Resource Center

Featured Issue: FLRA Rejects DOJ’s Petition to Decertify the Immigration Judges Union

On August 9, 2019, 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.

On July 31, 2020, the FLRA issued a decision rejecting EOIR’s petition to decertify the NAIJ - “IJs are not management officials within the meaning of section 7103(a)(11) of the Statute and EOIR’s petition is dismissed.” This featured issue page provides updates and other resources.

Statements