Tag: National Association of Immigration Judges

The DOJ sent immigration court employees a link to a racist and anti-Semitic blog post attacking immigration judges

The Justice Department sent immigration court employees an email this week that linked to an article attacking immigration judges with offensive and anti-Semitic slurs, BuzzFeed News reported on Thursday.

The article was posted on the white nationalist website VDare, which routinely traffics in racist and anti-immigration rhetoric and has explicitly targeted immigration judges in the past.

Ashley Tabbador, the head of the National Association of Immigration Judges, said in a letter to the Justice Department that the email came from the department’s Executive Office for Immigration Review (EOIR).

Tabbador wrote that the article “directly attacks” immigration judges “with racial and ethnically tinged slurs,” and the label ‘Kritarch,'” according to BuzzFeed. “The reference to Kritarch in a negative tone is deeply offensive and Anti-Semitic,” Tabbador added.

Kritarch is a term derived from the concept of a “kritarchy,” or a society run by judges. It’s referenced in the Old Testament’s Book of Judges as a type of rule in ancient Israel. VDare has repeatedly used the term to pejoratively refer to immigration judges. 

Tabbador called on James McHenry, the head of EOIR, to take action following the dissemination of the article.

“Publication and dissemination of a white supremacist, anti-semitic website throughout the EOIR is antithetical to the goals and ideals of the Department of Justice,” she wrote. She added that the court should withdraw the email and issue an apology to immigration judges.

“Separately, EOIR should take all appropriate safety and security measures for all judges given the tone and tenor of this posting,” she wrote.

The post was sent to immigration court employees as part of a daily briefing that usually includes links to news reports about immigration, BuzzFeed reported.

EOIR Assistant Press Secretary Kathryn Mattingly told Insider in a statement, “The daily EOIR morning news briefings are compiled by a contractor and the blog post should not have been included. The Department of Justice condemns Anti-Semitism in the strongest terms.”

[Business Insider]

Trump Administration Seeks Decertification Of Immigration Judges’ Union

The Justice Department late last week moved to seek the decertification of the union representing hundreds of U.S. immigration judges, ratcheting up a simmering battle over the Trump administration’s immigration enforcement policies.

The department filed a petition Friday asking the Federal Labor Relations Authority to determine whether the certification of National Association of Immigration Judges as the union representing some 440 immigration judges should be revoked “because the bargaining unit members are management officials under the statutory definition,” according to a Justice Department spokesperson.

“This is nothing more than a desperate attempt by the DOJ to evade transparency and accountability, and undermine the decisional independence of the nation’s 440 Immigration Judges,” Judge Ashley Tabaddor, speaking in her capacity as president of the National Association of Immigration Judges, said in an emailed statement. “We are trial court judges who make decisions on the basis of case specific facts and the nation’s immigration laws. We do not set policies, and we don’t manage staff.”

The administration and the immigration judges union have been at loggerheads over a variety of issues, including the judges’ status as employees of the Justice Department. Judges are appointed by the attorney general and they are not part of the independent judiciary. They have publicly argued for their separation from the Justice Department.

Last year, then-Attorney General Jeff Sessions took the unusual step of reviewingsome judicial decisions in the name of reducing the backlog of hundreds of thousands of cases clogging the courts.

Sessions also ordered judges to end the practice of temporarily removing cases from their dockets without issuing decisions, a move known as “administrative closure.”

The Justice Department also imposed a quotasystem on judges, linking the number of cleared cases to their performance evaluations. The judges’ union said the courts need more immigration judges, not assembly-line proceedings.

President Trump has appointed 190immigration judges since taking office. As of June 2019, there are more than 900,000 pending cases in immigration courts, according to the Transactional Records Access Clearinghouse at Syracuse University.

The move to decertify the immigration judges’ union comes as no surprise to many judges.

“Clearly they want to use the judges to ramrod through cases and ramp up deportation regardless of any due process defects their policies have,” said one judge who isn’t authorized to speak for the union and requested anonymity. Without the union, judges would be effectively muzzled and unable to publicly share their views about the courts, the judge added.

This is not the first time the Justice Department has tried to decertify the immigration judges’ union. The Clinton administration sought decertification, but the Federal Labor Relations Authority rejectedthe notion that judges are managers who make policy. But some judges are concerned that the FLRA under the Trump administration would be less sympathetic to the union. 

“It’s absurd that anyone would consider us managers,” said Tabaddor, a judge based in Los Angeles. “We don’t even have the authority to order pencils.”

[NPR]