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The National Labor Relations Board (NLRB) just decertified the National Association of Immigration Judges ( @Imm_Judges_NAIJ). Here's what happened and why it matters. /1
2/ The immigration courts are highly-politicized and have been since their inception in the late 1800s. Despite some reforms in the 80s, immigration courts and judges are not independent like "normal" federal courts, a problem that has been noted since the 1940s at least.
3/ This means that although the courts have the appearance of a judicial body (and the veneer of neutrality that goes with it), the courts function much like a political arm of the Justice Department. This creates procedural justice issues and silences people in the system.
4/ Since its founding initially in the 70s but formally later in 2000, the Immigration Judges union has been a mechanism for IJs to speak independently to Congress and the public about the workings of the court.
5/ Having an independent voice from immigration judges has been important bc the org tends to prioritize judicial independence, due process, and court safety over political expediency. Ex: The NAIJ has spoken out forcefully for court safety during COVID-19.
6/ The NLRB's deeply flawed decision to decertify the NAIJ as a bargaining unit could impact their ability to speak out publicly and undermines whatever bargaining power the org has within the Dept of Justice.
7/ Worse, this isn't really about judges. It is really about silencing any dissenting voices inside the agency and removing anything that stands in the way of mass deportations with as little due process as possible. This will ultimately hurt immigrants in removal proceedings.
8/ On the one hand, this news should be important for anyone that cares about relatively mainstream, boring ideas like due process and procedural justice. This will make things worse for immigrants. Period. Which is why we should fight it.
9/ On the other hand, more importantly, this should also be understood within the context of the failure of reformism and the failure of democratic institutions to achieve anything close to the kind of civil rights protections they promise. Law will not save us.
10/ We'll see how this plays out in court and it's strategic that this was announced today. But it's also a reminder that the Du Bois' "abolition democracy" was a call to ultimately replace unjust institutions like the immigration courts and rebuild a just society in their place.
*Sorry if this is scattered. This was all very off the cuff on election day, which is already crazy. I just wanted to get this out there for people ASAP.
News article on this issue without a paywall, including a photo of Ashley looking ready to skin someone from head to toe. https://www.govexec.com/management/2020/11/flra-overturns-its-own-regional-director-busts-immigration-judges-union/169769/
