The Trump administration announced Friday that it is petitioning to decertify the National Association of Migration Judges (NAIJ)– a move that, if successful, might provide the administration more control over where judges are sent out and the number of cases they’re expected to deal with.
A Department of Justice representative said the department is submitting a petition to the Federal Labor Relations Authority (FLRA) to look at whether the NAIJ’s accreditation of representation should be revoked, as it claims the judges satisfy the statutory meaning of ” management officials.”
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A management authorities is defined as “any individual utilized by an agency in a position the tasks and responsibilities of which need or license the specific to create, determine, or affect the policies of the agency.” Such authorities can not belong to a bargaining system like a union.
” The role and value of migration judges in fulfilling the Department’s objective and identifying or affecting its immigration policies have greatly evolved over the previous several years,” a DOJ representative stated. ” In recognition of that development, including changes in the law, the Department of Justice believes suitable action is required to update [the Executive Office for Immigration Review’s] labor force relations in conformity with the law and to continue to advance the Department’s mission.”
The union is a voluntary association but is regularly singing about the problems facing its members, often opposing a few of the policies and demands put on them. The U.S. is facing a substantial stockpile of cases as it has seen 10s of countless migrants, much of them family, crossing the border and claiming asylum in current months.
NAIJ President Ashley Tabaddor stated last month that the a judge can normally have as many as 5,000 cases on their docket, and criticized ” surreal choices” by the DOJ, consisting of the demand that they complete more than 700 cases a year.
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” So even in the last few months and– so in the last , we have actually now been dealing with quotas and deadlines on judges, something that you would never do to a judge since you would not position a judge’s monetary interest into the mix of his or her choice when it pertains to a case,” she stated in an interview with National Public Radio.
Tabaddor informed Fox News in an e-mail Friday that while the NAIJ has not been officially alerted, “it appears that the DOJ is duplicating their previous not successful effort prior to the FLRA to disband the union based upon the same set of unfounded claims.”
The petition is being sent to the local workplace of the FLRA, where both sides will make their cases. According to a DOJ spokesperson, an investigation will be performed and the department will send its arguments in support of its petition. The local director could issue a choice, or could choose a hearing is necessary to reach a conclusion.
Ought to the administration succeed in decertifying the union, it would not provide the administration a say over the decisions that judges make, but it would permit additional guidance over work schedules, where judges are sent out and the variety of cases judges can complete every year.
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The administration has actually required a number of procedures to combat the migration crisis, consisting of more migration judges in addition to fixes to “loopholes” that restrict for how long family can be kept in detention. In March, the DOJ stated it was aiming to hire more than 100 brand-new immigration judges and support personnel, including hundreds of, “lawyers, judicial law clerks, legal assistants and administrative support staff, including interpreters.”
The objective would be to have 659 migration judges in place by at some point in 2020, officials said in the spending plan demand.
Fox News’ Jake Gibson and Gregg Re added to this report.