Trump-busted immigration judges union gets a lifeline

Dec 09, 2024

With help from Nick Niedzwiadek

QUICK FIX

ALL EYES ON THE FLRA: President Joe Biden secured a Democratic majority on the Federal Labor Relations Authority in July, when the Senate confirmed Anne Wagner to lock in the party’s 2-1 advantage on the three-member panel.

Now the FLRA, which adjudicates labor disputes within non-postal federal agencies, could be poised to revisit a Trump-era decision that hampered immigration judges’ ability to organize and may shape workforce disputes as Republicans eye sweeping changes to the federal workforce.

During President-elect Donald Trump’s first term, the FLRA effectively busted the National Association of Immigration Judges union, arguing that judges could not collectively bargain because they are managers who craft policy, rather than employees. The FLRA's D.C. regional office will hold a hearing Tuesday revisiting the ruling.

The looming hearing and frustration among the judges creates an overlap among two issues that the incoming Trump administration has made central to its policy agenda: immigration and reshaping the federal workforce.

Republicans have been critical of the rate that immigration judges process cases and even went as far as calling for its union to be decertified in the Heritage Foundation’s Project 2025 plan, along with arguing the Executive Office for Immigration Review should be part of DHS rather than the Justice Department.

Trump’s first administration also clashed with judges and implemented case quotas they were required to meet or risk termination. Biden removed the quotas imposed on judges early in his first term.

“If they’re serious about taking care of the backlog, why would you hire more judges and have an acrimonious relationship with the folks that are in charge of hearing these cases?” Matt Biggs, president of the International Federation of Professional and Technical Engineers, a parent union of the NAIJ, told Shift.

Trump's transition team did not respond to Shift's request for comment.

There are more than 3 million pending cases in immigration courts, worsened by the increase in apprehensions along the southern border during Biden’s term.

Biggs argues that if the Trump administration is committed to reducing the backlog and improving the immigration process, his officials should work closely with judges within NAIJ rather than going after their bargaining rights.

“They can really learn how these immigration courts work from the inside out, and try to improve efficiencies within these courts while protecting due process protections,” he said.

GOOD MORNING. It’s Monday, Dec. 9. Welcome back to Morning Shift, your go-to tipsheet on labor and employment-related immigration. Send feedback, tips and exclusives to nniedzwiadek@politico.com and lukenye@politico.com. Follow us on X at @NickNiedz and @Lawrence_Ukenye.

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AROUND THE AGENCIES

ANY DAY NOW: Saturday marked the two-year anniversary since the Labor Department sent the White House its Covid-19 safety standard for health care settings.

The Occupational Safety and Health Administration standard has been all but dead for quite some time, even if the Biden administration wouldn’t admit it. But it is now the second-oldest policy still under review by the Office of Information and Regulatory Affairs — behind only a Treasury proposal aimed at blocking imported goods produced with forced labor that’s languished since May 2021.

But a month ago, OSHA also sent over a much more expansive proposal to OIRA that would extend to all manner of infectious disease risks in hospitals, nursing homes and other care centers. That idea has kicked around since at least the first year of Barack Obama’s presidency but was put on ice during Trump’s first term.

Trump Transition

LESS THAN A RUNNING START: Trump’s transition has yet to send its policy advisers to meet with agencies they will work in, which could hamper his administration’s ability to hit the ground running on some of its ambitious policy goals.

The president-elect’s team only recently submitted names on who will serve on various teams to the Biden administration, putting officials roughly a month behind schedule on getting its top advisers briefed on policy issues.

"Even after Trump’s landing teams begin arriving at their assigned agencies for meetings and briefings this year, they are likely to be hampered by Trump’s refusal to sign a separate transition agreement with the General Services Administration and instead run the transition on private funds out of private facilities using private email servers with federal cybersecurity support," our Alice Miranda Ollstein writes.

More transition news: "Business groups wary of Trump’s pro-union Labor secretary pick," from our Nick Niedzwiadek.

Unions

SETTING THE RECORD STRAIGHT: The largest federal government employee union rolled out a fact sheet last week aimed at pushing back against the GOP’s opposition to telework.

"Exaggerating the number of federal employees who telework and portraying those who do as failing to show up for work is a deliberate attempt to demean the federal workforce and justify the wholesale privatization of public-sector jobs," the American Federation of Government Employees wrote in a statement. "AFGE believes that facts matter, and that lawmakers should be guided by the facts when making decisions that affect the lives of their constituents."

The union’s fact sheet also takes aim at a report published last week by Sen. Joni Ernst (R-Iowa) as part of her work with the Senate DOGE caucus that rails against workers performing roles out of office.

CLOCK’S TICKING: The National Retail Federation and more than 250 trade associations penned a letter to the International Longshoremen’s Association and an alliance of shipping companies urging both sides to reach an agreement by Jan. 15.

“The three-day strike in October had a significant impact on supply chain stakeholders that rely on the East Coast and Gulf Coast ports,” the groups wrote. “The additional costs from mitigation efforts as well as post-strike resumption are still being felt.”

Some companies have already begun making preparations for a potential January strike to mitigate against supply chain snags, according to the letter.

Context: Both sides reached a tentative deal after a three-day work stoppage in October closed ports across the eastern seaboard and Gulf Coast that extended the deadline for reaching a long-term agreement to Jan. 15. However, negotiations between the union and United States Maritime Alliance recently stalled over concerns about automation at some ports, NorthJersey.com reported.

More union news: "Boeing layoffs continue; cuts hit 4% of professional engineering union," from The Seattle Times.

In the Workplace

DEI’S DEMISE: Companies’ retreat from workplace programs and policies designed to bolster diversity and inclusion are likely to have a major impact on women in the workforce.

"Women, who have largely benefited from affirmative action and DEI policies, will likely have to adapt to a rapidly changing workforce environment that no longer prioritizes quotas or other gender-based hiring practices," our Emma Cordover writes for Women Rule.

Less than a handful of states have gender quotas that require certain roles to have a minimum number of women. Walmart, the nation’s largest private employer, angered many DEI advocates by rolling back some of its programs aimed at promoting diversity.

On the Hill

MODERNIZING APPRENTICESHIPS: Sen. Ron Wyden (D-Ore.) is up with a new bill that would allow health care employers to start registered apprenticeships to combat the labor shortage within the industry.

The Fast Track Healthcare Apprenticeships Act would require state labor agencies to fast-track apprenticeship applications within 45 days of receipt and call for the Labor Department to modernize its application process.

More from the Hill: "Republicans wonder if MTG’s new DOGE role will make her a leadership ally — or become a headache," from our Olivia Beavers for Pro subscribers.

WHAT WE'RE READING

— "Inside the Four-Day Workweek Experiment," from The New York Times.

— "Federal employees scramble to insulate themselves from Trump’s purge," from The Washington Post.

— Opinion: "Republicans Have a Warped Sense of Work Ethic," from Bloomberg.

— “Many targeted for removal by Trump can’t be deported, ICE data shows,” from The Washington Post.

THAT’S YOUR SHIFT!

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