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DHS signs labor agreement with AFGE National ICE Council 118, ceding unprecedented policy power to union

  1. Original Date Announced

    January 19, 2021

    On 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 AGREEMENT
  2. Effective Date

    January 19, 2021
  3.  
  4. Biden Administration Action: Revoked/Replaced

    February 16, 2021

    Reported: 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.'"

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Current Status

Not in effect
February 16, 2021
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Actions: Agency Directive Change in Practice
Subject Matter: Enforcement Detention Interior
Agencies Affected: ICE

Pre Trump-Era Policies

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 article
  • 2021.02.04 Biden Immigration Plans Likely Shielded From ICE Union Deal

    Go to article

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