The U.S. Justice Department cleared the way for the return of unionization for U.S. immigration judges. The group lost their authority during the final months of the previous administration.

With over 1.3 million immigration cases in backlog, the courts will play an integral part in the renewal of a system that isn’t processing cases efficiently. In addition, recent trends show an increase in individuals seeking asylum in the U.S. These claims often take years to resolve.

The nearly 500 immigration judges were previously deemed management officials. As a result, they were considered ineligible for collective bargaining rights and unionization.

Under pressure from Congress and labor groups, the Justice Department stated they are no longer opposed to the union. Judges are employees of the Justice Department. They answer to the attorney general of the United States. The attorney general sets policies on how judges should review and rule on cases. Those policies included the requirement of immigration judges to close 700 cases annually. The Immigration Judges union has pursued independent courts, allowing judges to rule on cases per their expertise and authority. However, the Biden administration has not held those beliefs.

We will continue to monitor how the Justice Department manages immigration judges and the oversight of cases as well as all immigration-related topics. If you have questions about your immigration case, contact us at ILBSG.

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