Immigration Law

Recent Posts

NAIJ, FLRA Update (Jan. 26, 2022)
Posted on 26 Jan 2022 by Daniel M. Kowalski

The union's Jan. 25, 2022 press release is here . An interview with NAIJ President Mimi Tsankov is here . Read More

Immigration Judges Take Free Speech Case to CA4 (NAIJ v. Neal)
Posted on 26 Jan 2022 by Daniel M. Kowalski

Erika Williams, CNS, Jan. 25, 2022 "A three-judge panel of the Fourth Circuit heard arguments Tuesday over a Trump-era rule that immigration judges say continues to violate their freedom to speak out about government policies on their own time... Read More

FLRA (2-1) Continues Effort to Bust Immigration Judges Union
Posted on 25 Jan 2022 by Daniel M. Kowalski

Erich Wagner, GovExec, Jan. 24, 2022 "The Republican majority on the Federal Labor Relations Authority last week issued an “unprecedented” decision to move forward with busting a union of immigration judges, despite the fact that both... Read More

Finally, Some Justice for Immigration Judges!
Posted on 7 Dec 2021 by Daniel M. Kowalski

Two-Year Union-Busting Battle Ends as DOJ Reverses Course and Agrees to Recognize NAIJ, the Judges’ Union NAIJ, Dec. 7, 2021 "In a major reversal, the Department of Justice’s Executive Office for Immigration Review (EOIR), which administers... Read More

NAIJ Decertification News (Dec. 7, 2021)
Posted on 7 Dec 2021 by Daniel M. Kowalski

Alexandra Villarreal and Joanna Walters, The Guardian, Dec. 7, 2021 "US immigration judges are embroiled in a tense dispute with Joe Biden over their battle to restore union rights taken away from them under the Trump administration. The head of... Read More

DOJ Continues to Insist Immigration Judges Union is ‘Defunct,’ Despite Moving to Nullify Decertification Decision
Posted on 2 Sep 2021 by Daniel M. Kowalski

Erich Wagner, Government Executive, Sept. 1, 2021 "Officials at a union representing the nation’s corps of immigration judges said Wednesday that they are baffled by the Executive Office for Immigration Review’s recent legal actions... Read More

Tags: naij , flra , eoir

80 Unions and Scholars Ask Garland to Support NAIJ, Withdraw Decertification
Posted on 8 Jun 2021 by Daniel M. Kowalski

Letter, June 7, 2021 - Department of Justice Should Support the National Association of Immigration Judges and Withdraw the Petition to Decertify its Union "We, the undersigned unions, organizations, immigration law professors and scholars, and... Read More

Will Biden/Garland Recertify the IJ Union?
Posted on 12 Mar 2021 by Daniel M. Kowalski

Marcia Brown, American Prospect, Mar. 12, 2021 "The Trump administration’s manipulation of the immigration system went deeper than aggressive border policies and cruel detention practices. It also relentlessly pushed to rig the immigration... Read More

Why the FLRA Decision Decertifying NAIJ Matters: Jeffrey S. Chase
Posted on 6 Nov 2020 by Daniel M. Kowalski

Jeffrey S. Chase, Nov. 6, 2020 "Our attention is understandably focused elsewhere right now. However, it must be mentioned that on the eve of Election Day, a panel decision of the Federal Labor Relations Authority decertified the National Association... Read More

Tags: naij , flra , eoir

IJ Union Survives DOJ Attack: EOIR v. NAIJ
Posted on 1 Aug 2020 by Daniel M. Kowalski

EOIR v. NAIJ "For the reasons discussed below, I find that IJs are not management officials within the meaning of section 7103(a)(l l) of the Statute, and EOIR's petition is dismissed." Read More

FLRA Decertification Materials
Posted on 27 Apr 2020 by Daniel M. Kowalski

As many of you know, DOJ is attempting to decertify the Immigration Judges' union, on the theory that IJs are management. This argument failed twenty years ago, but DOJ is at it again. The case is currently pending before the Federal Labor Relations... Read More

DOJ Tries to Silence the Voice of the Immigration Judges - Again!
Posted on 24 Apr 2020 by Daniel M. Kowalski

Judge Amiena Khan and Judge Dorothy Harbeck, The Federal Lawyer, March/April 2020 "In August 2019, the Department of Justice (DOJ), in a veiled attempt to silence the voice of the immigration judges (IJs), filed a petition with the Federal Labor... Read More

Jeffrey S. Chase: DOJ's Latest Effort to Undermine an Impartial Immigration Bench
Posted on 23 Aug 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Aug. 22, 2019 The following article first appeared on the online legal news service Law360. Thanks to editor Lisa Gomberg for inviting me to contribute my views on this topic. "On Aug. 9, the U.S. Department of Justice filed... Read More

Groups Call for Independent Immigration Court System
Posted on 17 Jul 2019 by Daniel M. Kowalski

Ernie Smith, Associations Now, July 15, 2019 "Amid a growing crisis, legal associations have called on Congress to pass laws that would remove immigration courts from Justice Department control, emphasizing the inherent conflict of interest. ... Read More

NAIJ Nails EOIR: Facts vs. Fiction
Posted on 14 May 2019 by Daniel M. Kowalski

NAIJ, May 13, 2019 "National Assn. of Immigration Judges Say DOJ’s “Myths v. Facts” Filled with Errors and Misinformation DOJ Document Demonstrates the Need for an Independent Immigration Court Say Judges This month the Department... Read More