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Original Date Announced
January 19, 2021On January 19, 2021, Kenneth T. Cuccinelli II, on behalf of ICE, signed agreements with AFGE National ICE Council 118 (NIC 118), the union representing over 7,500 ICE officers, agents and employees. Among other provisions, the agreements:
- expand the range of issues that ICE must bargain over with the union, including some topics previously considered de minimis and other topics previously considered inextricably intertwined with a subject that had already been negotiated;
- give the union the ability to indefinitely delay changes to immigration enforcement policies and practices;
- significantly narrow of scope of post-implementation bargaining to: 1) an “emergency caused by natural disasters (such as hurricanes, earthquakes, floors, or volcanoes );” 2) “declarations of war; and 3) changes in law not otherwise covered by the MOA
- expressly waive ICE's statutory management rights; and
- attempt to prohibit any challenge to the agreements for eight years.
[ID #1314]
2021.01.19 MEMORANDUM OF UNDERSTANDING CONCERNING THE GROUND RULES 2021.01.19 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT AND ICE COUNCIL 118 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES MEMORANDUM OF AGREEMENTEffective Date
January 19, 2021Subsequent Trump and Court Action(s)
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February 1, 2021
2021.02.01 Protected Whistleblower Disclosures of Gross Mismanagement, Gross Waste of Government Funds and Abuse of Authority by Former DHS Political Appointee Kenneth T. Cuccinelli
On February 1, 2021, the Government Accountability Project filed a whistleblower complaint against Mr. Cuccinelli with both Houses of Congress as well as the U.S. Office of Special Counsel and and the DHS Office of Inspector General.
View Document
Biden Administration Action: Revoked/Replaced
February 16, 2021Reported: 2021.02.16 A Last-Minute Deal Between A Trump Official And ICE’s Union To Hamper Biden’s Policies Has Been Rejected
This reported Biden Administration action rejects the Trump-era policy identified in this entry.
BuzzFeed reports that DHS, under the Biden Administration, "put the ICE union on notice; it had determined that one of the agreements 'was not negotiated in the interest of DHS and has been disapproved because it is not in accordance with applicable law.'"
View DocumentCurrent Status
Not in effectMost Recent Action
February 16, 2021 Action: Revoked/Replaced Reported: 2021.02.16 A Last-Minute Deal Between A Trump Official And ICE’s Union To Hamper Biden’s Policies Has Been RejectedFebruary 16, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Actions: Agency Directive Change in PracticeSubject Matter: Enforcement Detention InteriorAgencies Affected: ICEPre Trump-Era Policies
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September 5, 2019
Example of previous collective bargaining agreement (CBA) with the Miami local of the ICE professional employees.
2019 ICE collective bargaining agreement, Miami AFGME local
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
Commentary
2021.02.01 NYT Trump Official’s Last-Day Deal With ICE Union Ties Biden’s Hands
NYT article analyzing the change.
Go to article2021.02.04 Biden Immigration Plans Likely Shielded From ICE Union Deal
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