DOJ Tries to Decertify Immigration Judges Union

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The Justice Department has moved to decertify the union representing hundreds of U.S. immigration judges, ratcheting up a simmering battle over the Trump administration’s immigration enforcement policies, NPR reports. DOJ asked the Federal Labor Relations Authority to determine whether the certification of National Association of Immigration Judges as the union representing some 440 immigration judges should be revoked “because the bargaining unit members are management officials under the statutory definition.” The administration and the judges union have been at loggerheads over a variety of issues, including the judges’ status as DOJ employees. Judges are appointed by the attorney general and are not part of the independent judiciary. They have argued for their separation from the Justice Department.

“This is nothing more than a desperate attempt by the DOJ to evade transparency and accountability, and undermine the decisional independence of the nation’s 440 Immigration Judges,” said Judge Ashley Tabaddor of Los Angeles, president of the National Association of Immigration Judges. “We are trial court judges who make decisions on the basis of case specific facts and the nation’s immigration laws. We do not set policies, and we don’t manage staff.” Last year, then-Attorney General Jeff Sessions took the unusual step of reviewing some judicial decisions in the name of reducing the backlog of hundreds of thousands of cases clogging the courts. Sessions ordered judges to end the practice of temporarily removing cases from their dockets without issuing decisions, a move known as “administrative closure.” The Justice Department also imposed a quota system on judges, linking the number of cleared cases to their performance evaluations. The judges’ union said the courts need more immigration judges, not assembly-line proceedings. President Donald Trump has appointed 190 immigration judges. As of June, they have 900,000 cases pending, says the Transactional Records Access Clearinghouse at Syracuse University.

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