Daily Labor Report: Trump Bust of Immigration Judges' Union Faces D.C. Circuit Scrutiny
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This week, Rep. Linda Sánchez led a Congressional Labor Caucus letter to the Department of Justice asking the agency to acknowledge that immigration judges should be covered by the federal labor statute. NAIJ-IFPTE Judicial Council 2 recently filed for a union representation election to restore immigration judges statutory union rights.
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IFPTE’s Legal Sector Working Group (LSWG), an alliance of IFPTE Canadian and U.S. Locals representing legal professionals, sent a letter to President Biden and Vice President Harris in support of the National Association of Immigration Judges (NAIJ/Judicial Council 2) efforts to re-certify their union.
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Earlier this year, a Trump-appointed majority on the FLRA, bucking precedent, stripped immigration judges of their collective bargaining rights and union protections. Now, the judges are back filing a petition seeking the restoration of their rights with an FLRA board that includes a new member.
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AFL-CIO President Liz Schuler: “Our labor movement is fiercely committed to ensuring that all people are able to live and work safely and with dignity.
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At a labor briefing for Senate staff, Secretary-Treasurer Gay Henson shared the experiences of the TVA Engineering Association-Local 1937 members who successfully blocked their employer’s efforts to privatize their work to offshore-outsourcing firms replying on the H-1B work visa program.
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In response to the latest decision and order from the FLRA against the National Association of Immigration Judges-IFPTE Judicial Council 2, the Federal Workers Alliance sent letter to remind Senate Democrats that the Trump appointed majority on the FLRA is carrying out the previous administration’s anti-federal union agenda and other policy priorities as it attacks federal employees’ union rights.
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IFPTE responded to the Federal Labor Relations Authority’s revocation of NAIJ-IFPTE Judicial Council 2’s union certification, denying over 530 immigration judges employed by the Department of Justice (DOJ) their statutory union rights. NAIJ was recognized and certified as the exclusive union representative for immigration judges in 1979.
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“Any national agenda that seeks to empower American workers and remove barriers to good-paying jobs in STEM occupations must include reforming the H-1B program so that it does not continue to harm American workers nor take advantage of H-1B workers.”
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IFPTE remarked on the introduction of the Real Courts, Rule of Law Act of 2022, which proposes to create an independent Article 1 immigration court, a long-held legislative priority for NAIJ-IFPTE Judicial Council 2.
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In a cynical attempt to bust the union that has represented and given voice to the nation’s immigration judges for nearly half a century, two anti-union board members of the three-member Federal Labor Relations Authority (FLRA) have voted to strip collective bargaining rights from judges and their union.
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Mimi Tsankov, President of the NAIJ-IFPTE JC2, testified before the House Immigration and Citizenship Subcommittee on the need to reform the Immigration Court.
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The EPI report, “New Evidence of Widespread Wage Theft in the H-1B Visa Program,” analyses an internal document from India-based IT staffing firm HCL Technologies and reveals an offshore-outsourcing model that abuses the H-1B program to hire foreign guestworkers at wages below what U.S. workers are paid. The HCL document shows H-1B workers at the firm were underpaid at least $95 million in just one year.
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IFPTE urged Representatives to vote yes on the Build Back Better Act and the Senate-passed Infrastructure Investment and Jobs Act, “complementary bills that meet the needs of working people, support good-paying union jobs, strengthen our economy’s competitiveness and resiliency, and address immediate and future challenges that climate change presents.”
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This week , Immigration Judges received an email message stating that the performance metrics imposed by the Trump administration which violated judicial ethics are now “suspended.”
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The Executive Office of Immigration Review is continuing the Trump-era policy of refusing to recognize NAIJ-IFPTE Judicial Council 2 in violation of federal labor law and despite widespread support for NAIJ and immigration judges’ union rights.
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Department of Justice’s Executive Office of Immigration Review has withdrawn its opposition to the National Association of Immigration Judges-IFPTE Judicial Council 2 (NAIJ) motion to reconsider the Federal Labor Relations Authority’s November 2, 2020 decision to decertify the immigration judges’ union.
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NBC Nightly News aired a televised segment featuring National Association of Immigration Judges-Judicial Council 2 (NAIJ) President Amiena Khan and NAIJ Executive Vice President Dana Marks alongside retired Immigration Judges Charles Honeyman and Lisa Dornell. Separately, the Catholic Labor Network shared with its members Immigration Judges’ role in the immigration system, NAIJs efforts to defend due process rights, and the Trump Administration’s union busting against NAIJ.
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The International Federation of Professional and Technical Engineers’ (IFPTE) campaign to halt the Trump-era effort to decertify the National Association of Immigration Judges-IFPTE Judicial Council 2 (NAIJ) received a helpful boost today with the House Labor Caucus’ letter to Attorney General Garland requesting the Department of Justice withdraw the petition to decertify NAIJ.
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IFPTE Secretary-Treasurer/Legislative Director Matt Biggs expressed the union’s appreciation for the Senators, saying, "Chairman Richard Durbin, Chairman Alex Padilla and the Senate Judiciary Democrats have shown true leadership by standing up for immigration judges' union rights by urging Attorney General Garland to halt the previous Administration's assault on the NAIJ.”
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