Bill Barr Moving To Control The Immigration “Judges” By Decertifying Their Union


The National Association of Immigration Judges represents judges employed by the Executive Office for Immigration Review (EOIR), a component of the Department of Justice (DOJ).  Immigration Judges are executive branch employees, and are therefore subject to the supervision of the President of the United States or his designates.  Most, if not all, executive branch employees are supervised, reviewed, evaluated, and managed by a numerous levels of management.  No one in the Executive Branch exercises independent judgement that is not reviewed by another Executive Branch employee, if not the President himself

Immigration Judges are first supervised by the Chief Immigration Judge, Deputy Chief Immigration Judges, and Assistant Chief Immigration Judges, as well as the Attorney General, in both the exercises of their authority and administratively.  Immigration Judges are not independent, like real judges, but neutral, in that they do not represent the Department of Homeland Security (DHS), which brings cases to the EOIR.  Aliens may not bring cases independently to the EOIR, but only in response to an action taken against them by DHS.

Now, most attorneys in the DOJ are not unionized, e.g. represented by a bargaining unit in negotiating working conditions and disciplinary action, but not wages, benefits, or other conditions of employment.  In Federal unions, pay and benefits are not authorized as those are set by legislation.  Represented employees are also prohibited from taking action such as strikes or work slowdowns.

In fact, almost no DOJ attorneys are represented, including Assistant U.S. Attorneys and Trial Attorneys, the two largest group of attorneys in the DOJ.  Generally that is because the nature of their work, including prosecuting and disciplining labor organizations makes representation a conflict.  Also, Immigration Judges are employees involved in national security work, mostly related to aliens being removed who are terrorists.  Similarly, most employees involved in investigating any crime are prohibited from being represented by unions.  For example, no FBI, DEA, or ATFE Special Agents are unionized.  Similarly Special Agents throughout the Federal government are not unionized, e.g. Secret Service, Homeland Security Investigations, Offices of Inspector General, etc.  Generally, the nature of their work makes union representation impossible.

Since Immigration Judges are similarly involved, they should not be unionized.  Sadly,  they are.  Since they represent the DOJ in legal proceedings, they should not be.  Now the Trump Administration is moving to decertify the Immigration Judge union, something tried earlier by the Clinton Administration.  This is good because of the overt and illegal political involvement by individual judges, already forbidden under the Hatch Act which prohibits Federal employees from acting politically in their positions. read more

9 Comments on Bill Barr Moving To Control The Immigration “Judges” By Decertifying Their Union

  1. Oh this will go over like a lead balloon. Any day now I expect the illegals will form their own Union to fight back against the injustices imposed on them by an “unconstitutional judicial” system.

  2. “There are a thousand hacking at the branches of evil to one who is striking at the root.” – Henry David Thoreau

  3. Judges of any kind should not be allowed to have or belong to a union.

    The potential conflicts of interest and undue influence on their decisions are so obvious that it makes them illegitimate as Judges.

  4. “…the Trump Administration is moving to decertify the Immigration Judge union, something tried earlier by the Clinton Administration…”

    Something we will never, ever hear from the MSM. Like Barky’s border cages which got pinned on Trump.

    And the people who will be screaming loudest about Trump’s alleged fascist strong-arming of the judiciary are the same people who would pack the Supreme Court in a heartbeat if they could.

  5. And then load them, and der union bosses – Frankie, Tic-Tac, & Three-Fingers Vinnie – in the next southbound catapult, and LAUNCH!!! 😡

  6. In my humble opinion, all unions should be abolished. However, government Unions are far worse.
    Our tax dollars pay the salary of government workers, including the union leaders.
    Unions have one purpose, to collect money to give to liberal politicians. Unions pressure employees to vote liberal and donate to liberals. A huge percentage of union dues go to liberal politicians and what is left goes to union leaders.
    I know, from working for a company that was unionized that union dues never improve working conditions for the employee. Yet, union leaders seem to get as rich as elected members of congress and the senate.
    I question if government unions are even constitutional, as they do not serve all Americans.


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