The National Association of Immigration Judges is a union of judges, with the stated mission "to promote independence and enhance the professionalism, dignity, and efficiency of the Immigration Courts". Members are judges that work in the United States' Executive Office for Immigration Review, commonly known as the "Immigration Court".
For employment purposes, Immigration judges are categorized as attorneys, not judges, by their employer, the Justice Department.
The union was founded in 1971, and was designated as the collective bargaining representative in 1979. In 2000, the union became affiliated with the International Federation of Professional and Technical Engineers. [1]
In 2000, the Clinton administration attempted to decertify the union, arguing that the judges are managers who can’t form unions under the Federal Service labor-Management Relations statute but the Federal Labor Relations Authority (FLRA) determined that the immigration judges were not managers. [2] [3]
In 2019, the Trump administration also began efforts to decertify the union. [4] [5] This was again rejected by the FLRA on July 31, 2020. [6] [7] [8]
An administrative law judge (ALJ) in the United States is a judge and trier of fact who both presides over trials and adjudicates claims or disputes involving administrative law. ALJs can administer oaths, take testimony, rule on questions of evidence, and make factual and legal determinations.
The Board of Immigration Appeals (BIA) is an administrative appellate body within the Executive Office for Immigration Review of the United States Department of Justice responsible for reviewing decisions of the U.S. immigration courts and certain actions of U.S. Citizenship Immigration Services, U.S Customs and Border Protection, and U.S. Immigration and Customs Enforcement. The BIA was established in 1940 after the Immigration and Naturalization Service was transferred from the United States Department of Labor to the Department of Justice.
The Federal Labor Relations Authority (FLRA) is an independent agency of the United States government that governs labor relations between the federal government and its employees.
Karen M. Czarnecki is the Vice President for Outreach for the Mercatus Center and an adjunct professor at George Mason University. She is a member of the Federal Service Impasses Panel. She was formerly chief of staff to Congressman Mike Kelly (R-PA) and held various appointed executive positions at the Department of Labor in the administration of President George W. Bush.
The United States federal civil service is the civilian workforce of the United States federal government's departments and agencies. The federal civil service was established in 1871. U.S. state and local government entities often have comparable civil service systems that are modeled on the national system to varying degrees.
The National Treasury Employees Union (NTEU) is an independent labor union representing 150,000 employees of 35 departments and agencies of the United States Government. The union specializes in representation of non-supervisory federal employees in every classification and pay level in civilian agencies.
The Executive Office for Immigration Review (EOIR) is a sub-agency of the United States Department of Justice whose chief function is to conduct removal proceedings in immigration courts and adjudicate appeals arising from the proceedings. These administrative proceedings determine the removability and admissibility of individuals in the United States. As of January 19, 2023, there were sixty-eight immigration courts and three adjudication centers throughout the United States.
Ketanji Onyika Brown Jackson is an American lawyer and jurist who is an associate justice of the Supreme Court of the United States. Jackson was nominated to the Supreme Court by President Joe Biden on February 25, 2022, and confirmed by the U.S. Senate and sworn into office that same year. She is the first black woman and the first former federal public defender to serve on the Supreme Court.
Deportation and removal from the United States occurs when the U.S. government orders a person to leave the country. In fiscal year 2014, Immigration and Customs Enforcement conducted 315,943 removals. Criteria for deportations are set out in 8 U.S.C. § 1227.
Immigration policy, including illegal immigration to the United States, was a signature issue of former U.S. president Donald Trump's presidential campaign, and his proposed reforms and remarks about this issue generated much publicity. Trump has repeatedly said that illegal immigrants are criminals.
Executive Order 13769 was signed by U.S. President Donald Trump on January 27, 2017, and quickly became the subject of legal challenges in the federal courts of the United States. The order sought to restrict travel from seven Muslim majority countries: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. The plaintiffs challenging the order argued that it contravened the United States Constitution, federal statutes, or both. On March 16, 2017, Executive Order 13769 was superseded by Executive Order 13780, which took legal objections into account and removed Iraq from affected countries. Then on September 24, 2017, Executive Order 13780 was superseded by Presidential Proclamation 9645 which is aimed at more permanently establishing travel restrictions on those countries except Sudan, while adding North Korea and Venezuela which had not previously been included.
Executive Order 13780, titled Protecting the Nation from Foreign Terrorist Entry into the United States, was an executive order signed by United States President Donald Trump on March 6, 2017. It placed a 90-day restriction on entry to the U.S. by nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen, and barred entry for all refugees who did not possess either a visa or valid travel documents for 120 days. This executive order—sometimes called "Travel Ban 2.0"—revoked and replaced Executive Order 13769 issued on January 27, 2017.
Colleen Duffy Kiko is an American attorney and government official who, until January 2021, served as Chair of the Federal Labor Relations Authority (FLRA). Prior to assuming her current role, she was a Judge of the Employees' Compensation Appeals Board in the United States Department of Labor. Kiko worked in the predecessor agency to the FLRA and first joined the newly created agency in 1979 in order to investigate unfair labor practices. In 2005, she became general counsel of the FLRA. Kiko has also held various roles in the United States Department of Justice, served as an associate counsel to the United States House Committee on the Judiciary, and engaged in the private practice of law.
James Thomas Abbott is an American attorney and government official who was a member of the Federal Labor Relations Authority (FLRA) from 2017 to 2022. Before his service with the FLRA, Abbott served as Deputy General Counsel for the United States Congress Office of Compliance from 2004 to 2007. Earlier in his career, he was the Senior Associate District Counsel for Personnel and Ethics at the Defense Contract Management Agency; Chief Counsel at Corpus Christi Army Depot, United States Army Materiel Command; and Senior Labor Counsel at the HQ Depot Systems Command, U.S. Army Materiel Command. On May 31, 2023, the U.S. Department of Justice filed a lawsuit against Abbott seeking civil penalties for Abbott's willful refusal to file mandatory ethics disclosures.
Department of Homeland Security v. Regents of the University of California, 591 U.S. 1 (2020), was a United States Supreme Court case in which the Court held by a 5–4 vote that a 2017 U.S. Department of Homeland Security (DHS) order to rescind the Deferred Action for Childhood Arrivals (DACA) immigration program was "arbitrary and capricious" under the Administrative Procedure Act (APA) and reversed the order.
John Campbell "Cam" Barker is an American federal judge of the United States District Court for the Eastern District of Texas.
Department of Commerce v. New York, No. 18–966, 588 U.S. ___ (2019), was a case decided by the Supreme Court of the United States dealing with the 2020 United States Census. The case concerned the decision of the United States Census Bureau under the Trump administration to include a question asking whether respondents are United States citizens or not, on the standard census questionnaire sent to all households. That question had been purposely omitted from this "short form" since the 1950 Census because officials and sociologists thought it would reduce participation in the census. It has been used on the "long form" American Community Survey sent to a subset of households and used for statistical estimation.
Remain in Mexico is a United States immigration policy originally implemented in January 2019 under the administration of President Donald Trump, affecting immigration across the border with Mexico. Administered by the Department of Homeland Security, it requires migrants seeking asylum to remain in Mexico until their US immigration court date.
Joe Biden's immigration policy initially focused on reversing many of the immigration policies of the previous Trump administration, before implementing stricter enforcement mechanisms later in his term.
Biden v. Texas, 597 U.S. ___ (2022), was a United States Supreme Court case related to administrative law and immigration.
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