Justice Department Files to Dissolve Immigration Judges' Union
Why were they permitted to unionize in the first place?
By Dan Cadman on August 13, 2019
The Department of Justice (DOJ) has filed a petition with the Federal Labor Relations Authority seeking to obtain a finding in concurrence that immigration judges — a part of DOJ's Executive Office for Immigration Review (EOIR) — are management officials, and therefore ineligible under federal law to establish or maintain a union. A copy of the petition is available on Law360 (behind a paywall).
This is an important question, because immigration judges formed a union, the National Association of Immigration Judges (NAIJ), decades ago. The NAIJ has become increasingly active as it fights recent attorney general directives covering their work and productivity. NAIJ representatives, such as president of the union, Ashley Tabador, argue that these directives impinge on their independence. Others, such as myself, believe they restore accountability to a group of individuals who, no matter how they style themselves, are executive branch employees who have too long had little or no oversight, resulting in prolonged and often needless continuances and adjournments and low case closure rates, at least among some judges, thus helping to contribute to unconscionable backlogs in the nation's immigration court system.
https://cis.org/Cadman/Justice-Department-Files-Dissolve-Immigration-Judges-Union