Immigration judges face a growing backlog of cases

President of the National Association of Immigration Judges, Judge Mimi Tsankov, joined the America’s Work Force Union Podcast to discuss the union certification for the NAIJ, the growing backlog of immigration cases and issues they face with consistent funding.

The NAIJ previously served as the recognized bargaining unit representing Immigration judges. However, after the previous administration decertified the organization, the NAIJ has been forced to wait before reapplying for recertification. The delay has been caused by a lack of a third member of the National Labor Relations Authority. Congress must appoint a third member before any action can be taken, but Tsankov said the nearly 700-plus NAIJ members are ready with their union cards for the moment they can take the next step in their fight for recertification.

As of August 2023, there is a backlog of over 2.6 million pending immigration cases. This is a number that Tsankov has seen grow over the past five years. In 2018, there were almost 1 million backlogged immigration cases, but following the pandemic, the backlog has ballooned. To fight the growing backlog, Tsankov recently testified in front of Congress to seek much-needed changes to the process to help alleviate the issues creating this backlog.

Because the NAIJ is housed within the Department of Justice, the organization faces several issues that are creating a lack of funding and these issues were raised during Tsankov’s testimony. The Immigration Court is a court within a law enforcement agency. This means law enforcement priorities get funded first before any non-law enforcement-related groups in the agency. Also, as there are new administrations and swings in government control, different agency areas take priority, meaning they receive the funding first, Tsankov said.

To hear more from Tsankov, please listen to the show above.