What Does Labor Want? Reinstate NAIJ
“We want more school houses and less jails; more books and less arsenals; more learning and less vice; more constant work and less crime; more leisure and less greed; more justice and less revenge; in fact, more of the opportunities to cultivate our better natures, to make manhood more noble, womanhood more beautiful and childhood more happy and bright. These in brief are the primary demands made by the Trade Unions in the name of labor. These are the demands made by labor upon modern society and in their consideration is involved the fate of civilization.”—Samuel Gompers, 1893
Immigration Courts
Immigration Courts conduct administrative hearings for individuals charged by the Department of Homeland Security with violating U.S. immigration laws. These courts determine whether individuals should be deported or allowed to remain in the United States. Immigration Courts operate under the Executive Office for Immigration Review (EOIR), an agency within the Department of Justice overseen by the Attorney General. Currently, there are approximately 700 Immigration Judges presiding in nearly 70 courts nationwide. Unfortunately, the system faces an overwhelming backlog of 3.7 million cases, including 1.6 million asylum applications. This backlog is projected to grow significantly, a trend accelerated by policies from the Trump administration aimed at increasing immigration enforcement.
The National Association of Immigration Judges (NAIJ)
The National Association of Immigration Judges (NAIJ) was founded in 1971 to represent U.S. Immigration Judges. By 1979, NAIJ gained formal recognition as the collective bargaining representative for Immigration Judges. In 2000, NAIJ joined the International Federation of Professional and Technical Engineers (IFPTE), a union representing 80,000 professionals in various fields, including Social Security Judges, NASA scientists, nuclear engineers, architects, and accountants.
The Federal Labor Relations Authority (FLRA)
The Federal Labor Relations Authority (FLRA) was established under Title VII of the Civil Service Reform Act of 1978, commonly known as the Federal Service Labor-Management Relations Statute. This statute defines the rights of federal employees and their labor unions. However, in 2020, the FLRA, under Trump-appointed leadership, ruled that Immigration Judges are “managers” and thus ineligible for union representation. This decision effectively removed NAIJ as the collective bargaining representative for Immigration Judges. NAIJ has appealed the ruling, and a decision to reverse this action is anticipated in the coming weeks.
Why Reinstate NAIJ?
Reinstating the NAIJ is critical for addressing systemic issues in Immigration Courts. Without collective bargaining rights, Immigration Judges lose a vital platform to advocate for necessary reforms, including addressing the staggering case backlog and ensuring fair hearings. A strong, independent judiciary is essential for upholding the principles of justice and democracy. Supporting NAIJ’s reinstatement aligns with Samuel Gompers’ vision of labor promoting justice and fairness within modern society.
Sources
Federal Labor Relations Authority (FLRA)
National Association of Immigration Judges (NAIJ)
International Federation of Professional and Technical Engineers (IFPTE)
