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

  1. Date Announced

    Jan. 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]

    See Biden administration action below.

    View Policy Document View Policy Document
  2. Effective Date of Change

    Jan. 19, 2021
  3. Subsequent Action

    February 1, 2021

    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.

    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
  4. Biden Administration Action

    February 16, 2021

    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.'"

    Reported: 2021.02.16 A Last-Minute Deal Between A Trump Official And ICE’s Union To Hamper Biden’s Policies Has Been Rejected


Trump Official’s Last-Day Deal With ICE Union Ties Biden’s Hands

NYT article analyzing the change.

Go to article

Biden Immigration Plans Likely Shielded From ICE Union Deal

Go to article

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