Immigration Judges’ Union Decertified by DOJ & Silenced


The Department of Justice (DOJ) has put immigration judges under a gag order, which means we can’t hear about the three million court cases that we know are backlogged.  Three million is a low estimate.

The Justice Department is warning one of its employee groups that it can no longer speak publicly without prior agency approval, raising concerns the Biden administration is placing a “gag order” on certain workers despite a promise to be their advocates.

The National Association of Immigration Judges lost its recognition as a union. Justice told the organization that any rights it previously enjoyed as part of a collective bargaining agreement were no longer valid.

NAIJ has represented immigration judges for more than 50 years and has never previously faced restrictions on its public testimony

The union had previously been outspoken amid record numbers of migrants arriving at the border and filing claims in immigration courts, overwhelming the already strained system.

In November 2020, the Federal Labor Relations Authority voted to decertify NAIJ’s union status, asserting that the judges are now management officials. The union appealed but was told they didn’t have jurisdiction.

“It’s a pretty draconian directive,” said Biggs, speaking on behalf of the NAIJ leaders who are no longer permitted to speak freely to the media. “It’s pretty unprecedented.”

Democrats and Republicans in Congress are in agreement the gag order is unwarranted.

Are they being taught a lesson for speaking out? They were always available for the media and spoke truthfully. This could be a warning — shut up or else.

Former immigration Judge Matt O’Brien, who now serves as director of investigations at the Immigration Reform Law Institute, told The Post: “The NAIJ has long advocated judicial independence for the immigration bench.

“However, this administration wants a compliant immigration judge workforce that will find a reason to approve any cases assigned to it. As a result, the Department of Justice has a vested interest in prohibiting the NAIJ from drawing public attention to flaws in that approach.”

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