Sánchez urges DOJ to protect immigration judges’ bargaining rights
WASHINGTON — Today, Congresswoman Linda T. Sánchez (D-CA) led 29 of her colleagues in urging Attorney General Merrick Garland and Deputy Attorney General Lisa Monaco to restore collective bargaining rights for immigration judges. The letter follows Congresswoman Sánchez's advocacy to rescind a Trump-era petition that sought to decertify the National Association of Immigration Judges (NAIJ) and erroneously classify immigration judges as management officials.
"The Trump-era ruling to classify immigration judges as management officials was a horrible mistake," said Congresswoman Linda T. Sánchez. "I am proud to lead my colleagues in calling on the DOJ to restore collective bargaining rights for these judges. Doing so would protect the judges' independence and, in turn, ensure our immigration courts remain fair and impartial. I will always defend the right of every American to join a union, including those in our federal workforce, and I am proud to see so many of my colleagues standing with me in solidarity today."
"NAIJ welcomes the opportunity to have its collective bargaining rights restored so that it can get back to working with Agency leadership to tackle the multitude of challenges facing the immigration court. Working together to address our mission, we're stronger. We thank the Labor Caucus for reminding DOJ to remain consistent with their disavowal of the previous administration's effort to attack immigration judges' union rights," said National Association of Immigration Judges President Mimi Tsankov.
"The Members of the Labor Caucus have supported National Association of Immigration Judges-IFPTE Judicial Council 2 in our effort to oppose the Trump Administration's retaliatory unionbusting effort from the very start. NAIJ became a political target because it raised concerns about dangerous policies which threatened due process and judicial independence – in other words NAIJ was representing their members' concerns and also acting in the public interest. We thank the Labor Caucus and Congresswoman Sánchez for asking the Attorney General and the Deputy Attorney General to acknowledge that immigration judges should have their right to union representation restored," said Matthew Biggs, President of the International Federation of Professional and Technical Engineers (IFPTE).
"Immigration judges and their union are on the verge of restoring their collective bargaining rights and undoing the last administration's unfair attack on these federal workers. President Biden's day-one agenda includes protecting the federal workforce and we are grateful that Attorney General Garland has laid to rest the union busting policies of his predecessor. In that spirit, we hope that DOJ and the Executive Office of Immigration Review will ensure that immigration judges are able to exercise their labor rights and proceed to a union election without interference," said Bill Samuel, AFL-CIO Director of Government Affairs.
Congresswoman Sánchez has led on this issue since 2019, when she led 80 of her fellow Members of Congress in sending a letter to Attorney General Barr to withdraw a petition to decertify NAIJ. In 2021 Congresswoman Sánchez, co-chair of the Congressional Labor Caucus, joined her fellow co-chairs in leading a letter to DOJ requesting they rescind the petition with the Federal Labor Relations Authority.
In addition to Congresswoman Sánchez, the letter was also signed by Reps. Nanette Barragán (D-CA), Jamaal Bowman (D-NY), Anthony Brown (D-MD), Tony Cárdenas (D-CA), André Carson (D-IN), David Cicilline (D-RI), Yvette Clarke (D-NY), Debbie Dingell (D-MI), Adriano Espaillat (D-NY), Bill Foster (D-IL), Brian Higgins (D-NY), Henry Johnson (D-GA), Ro Khanna (D-CA), Daniel Kildee (D-MI), Brenda Lawrence (D-MI), Zoe Lofgren (D-CA), Carolyn Maloney (D-NY), James McGovern (D-MA), Jerrold Nadler (D-NY), Eleanor Holmes Norton (D-DC), Mark Pocan (D-WI), Jamie Raskin (D-MD), Janice Schakowsky (D-IL), Albio Sires (D-NJ), Adam Smith (D-WA), Thomas Suozzi (D-NY), Rashida Tlaib (D-MI), Juan Vargas (D-CA), and Nikema Williams (D-GA).
The full text of the letter is available HERE and below.
August 09, 2022
The Honorable Merrick B. Garland
Attorney General of the United States
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530
The Honorable Lisa Monaco
Deputy Attorney General of the United States
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530
Dear Attorney General Garland and Deputy Attorney General Monaco:
We are writing to draw your immediate attention to an ongoing effort to restore collective bargaining rights for immigration judges (IJs). We appreciate that the Department of Justice (DOJ) rescinded the Trump-era petition to decertify the National Association of Immigration Judges (NAIJ) and erroneously classify immigration judges as management officials. As NAIJ-IFPTE Judicial Council 2 pursues a union election we ask the DOJ to consider allowing the appropriateness of the bargaining unit, thereby allowing these federal employees to exercise their statutory rights to a union.
Since 1979, the NAIJ has served as a critical independent voice for immigration judges who otherwise face limited discretion and authority in the court room. The former Administration sought to silence NAIJ as its members became increasingly alarmed by the administration's political interference in the court, the chaotic unilateral changes that threatened fairness and judicial independence, and the weaponization of the court into an immigration enforcement tool. The former Administration retaliated by relentlessly pursuing an effort that effectively decertified NAIJ. We appreciate the steps the Biden Administration has taken to undo these harms and support the right to organize for all federal employees.
To fully restore IJs' collective bargaining rights, the NAIJ filed a petition with the Federal Labor Relations Authority (FLRA) seeking a union representation election. We understand that the FLRA's Washington Region office has asked DOJ whether it objects to the appropriateness of the bargaining unit as part of this process. The FLRA's Washington Regional Director has already affirmed the appropriateness of the NAIJ bargaining unit and IJs' union rights, finding no merit in claims that IJs are management officials.
We ask you to consider remaining consistent with the agency's June 25, 2021 withdrawal of its opposition to NAIJ's motion to reconsider the decertification and the July 19, 2021 withdrawal of the 2019 FLRA petition to misclassify all nonsupervisory IJs. This will allow immigration judges to determine for themselves if they wish to recertify NAIJ as their union. We believe this position is consistent with the White House Task Force on Worker Organizing and Empowerment, which recommends OPM and agencies should "correct the bargaining unit status of federal sector positions" that may be improperly classified.
We firmly support federal employees' right to organize and join a union, and we appreciate your full and fair consideration of our request, consistent with applicable agency guidelines.
Sincerely,
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