FederalLaw Enforcement Reporter
Politico
https://www.politico.com/news/2020/04/23/doj-union-immigration-deportation-coronavirus-202075
Betsy Woodruff Swan reports for Politico:
The union for lawyers and support staff who handle Justice Department immigration appeals says their office’s working conditions put workers’ lives in danger. And employees in the DOJ office handling those immigration appeals said many suspect it’s because the department prioritizes high deportation numbers over worker safety.
“I feel like half the time, I’m working on Trump’s reelection,” said an employee in the office who spoke anonymously because of concerns about retaliation. “This is just a piece for him to tout when reelection time comes up about how much he’s getting done.”
It’s an accusation a spokesperson for the office vehemently denied. But the conflict is no longer being kept in the DOJ family; the president of that union recently filed a complaint with the Occupational Safety and Health Administration (OSHA), saying management requires too many people to come into the office, putting workers at risk of contracting Covid-19, the sickness caused by the novel coronavirus. Concerns in the office about worker safety were first reported by Government Executive.
At issue are working conditions in DOJ’s Executive Office for Immigration Review (EOIR). The office oversees America’s immigration courts––which are part of the Justice Department––and lawyers there handle appeals from immigrants fighting deportation orders. Those courts face a mammoth backlog of more than one million cases, by Syracuse University’s count. Despite hiring more immigration judges, the backlog has doubled under the Trump administration.
EOIR leaders have maximized how much telework employees there can do, the spokesperson said, adding that the office “takes the safety, health, and well-being of its employees very seriously.”
But the OSHA complaint, which Politico reviewed, says the office is violating a federal law mandating workplaces be free of “hazards that are causing or are likely to cause death or serious physical harm.”
“The agency’s actions described below are proliferating the spread of a known and deadly contagion both within our building and to our surrounding communities,” the complaint reads. The office policies “are expected to result in death and severe health complications and/or possible life-long disabilities,” it says.
The office requires most support staff to come in, rather than telework, as they deal with physical pieces of paper and files as part of their work, per the complaint. The few who can work from home can only do so once a week, and on rotating days because they share the same laptop, the complaint reads. At work, support staff sit in cubicles in a shared area, “in direct breathing paths of each other,” it says.
Nancy Sykes, the president of American Federation of Government Employees Local 3525, filed the complaint on behalf of the union. It represents non-managerial Board of Immigration Appeals employees in the office, including attorneys, paralegals, clerks, and legal assistants.
The EOIR spokesperson, meanwhile, said the office is working to implement coronavirus guidance from the Centers for Disease Control and Prevention, the Office of Personnel Management, and the General Services Administration.
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Read the rest of Betsy’s report at the link. Long a superstar at The Daily Beast, and an articulate “repeat panelist” on “Meet the Press” with Chuck Todd, it’s great to have Betsy “back on the immigration beat” as a part of her “new portfolio” over at Politico. I’ve always found Betsy’s clear prose and insightful analysis enlightening!
Typically within the Trump immigration kakistocracy, the harshest consequences fall jump-on the most vulnerable. In Immigration Court, it’s often unrepresented asylum seekers, some of them mere children, being railroaded through the system with regard to neither due process nor a legally correct application of asylum law. Here, the brunt of the latest EOIR assault on human dignity during the pandemic appears to fall on the support staff at the “bottom of the totem pole” of EOIR’s “bloated at the top,” yet astoundingly misdirected and consequently inefficient, bureaucracy. What a way to run the railroad — even a “Deportation Railroad!” 🚂
As my good friend and Round Table colleague, Judge Jeffrey Chase said: “In spite of having very genuine concerns, the BIA staff are generally off the radar. Thanks to Betsy for spotlighting them. The BIA staff union and the NAIJ put out a joint statement yesterday; let’s hope this begins a period of increased communication and cooperation.”
Many of us “old timers” remember a bygone era when the BIA staff was considered one of the premier places for career attorneys to work at the DOJ. This was largely because staff were treated “like family.” The BIA, in cooperation with the union, actually “pioneered” things like “flexible work schedules” and “work from home” at the DOJ. That union (of which I actually was among the “founding members” back in the 1970’s) was perhaps the first one at the DOJ to represent the interests of both attorneys and support staff. Those times sadly are long gone.
As I’ve mentioned before, under the Trump regime, EOIR “non-management” employees at all levels levels are treated with a disrespect, intentional demeaning, and callous disregard for health and welfare usually reserved for those poor souls trapped in what passes for an immigration justice system under the White Nationalist driven Trump regime. Risking employees’ lives to promote Trump’s reelection agenda? That’s actually illegal on a number of accounts. But, don’t expect any corrective actions in an era where the “rule of law” has been willfully distorted and undermined as Congress and the Article IIIs simply melt away under Trump’s contemptuous scofflaw onslaught.
Unhappily, as Betsy’s article highlights, there appears to be little chance of meaningful change unless and until enough employees actually start dropping dead, by which time it will be too late.
But, as I keep pointing out, there are “other villains” here. Despite DOJ/EOIR efforts to suppress truth, all of this basically is happening in “plain sight,” as we know from folks like Judge Ashley Tabaddor, the NAIJ, the BIA union, former Judges on the Round Table who are speaking out, courageous employees willing to “blow the whistle” anonymously, as well as reporters like Betsy, Erich Wagner at Government Executive (who “broke” this story), and Malathi Nayak at Bloomberg News, to name just a few. The unconstitutional mockery of Due Process, immigration, and asylum laws in Immigration Court hearings is documented in verbatim transcripts available to the Article III Courts and the Congress.
Yet, Congress and the Article III Courts let these grotesque abuses within our justice system go on largely unabated. It’s a disgusting and disturbing saga of the breakdown of America’s democratic institutions and their replacement by an authoritarian, “Third-World style” kakistocracy, headed by a dangerously incompetent and unrestrained clown 🤡 whom those charged with protecting us and our institutions refuse to hold accountable.
This November, vote like your life depends on it! Because it does!🇺🇸 We need “regime change” at all levels. And, that certainly includes a better, more courageous, more scholarly Federal Judiciary that understands immigration and human rights, believes in Due Process and fundamental fairness for all under law, and will finally stand up and put an end to these gross abuses if Congress doesn’t act first. Obviously, it’s also essential to get a new Executive committed to advancing, rather than destroying, our Constitution and the rule of law and who will strive for best, rather than worst, practices in all phases of government.
Due Process Forever! Clown Courts 🤡☠️ Never!
PWS
04-23-20