Kritarchs Waging Illegal Sick-Out
04/10/2020
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The kritarchs in the Executive Office for Immigration Review (EOIR), the administrative hearing agency for immigration law, don’t like having to work, nor do they like being supervised by the President and the Attorney General. They, meaning their union representative Ashley Tabaddor, thinks she and the other bureaucrats should be real Article III judges. There is no chance of that happening, so like spoiled children, they are trying to break things in order to get attention. The thing they want to break is the immigration administrative hearing system, commonly called immigration courts.

For months now Tabaddor and the union have conducted an illegal strike against the EOIR under the cover of using sick leave, which, like striking, is illegal. Calling in sick when one is not sick in order to sabotage the function of an employing Federal agency or to obtain demands related to pay or work conditions is called a sick-out and is also illegal.

Sadly, Based Bill Barr has done nothing about this illegal strike; so consequently the illegal sick-out strike and sabotage of the functioning of the immigration courts is continuing. The excuse now is the Wu Flu.

The background is a lawsuit by illegal immigration advocates and the Treason Bar demanding an end to immigration hearings.

Immigration advocates and attorneys on Wednesday asked a federal judge to temporarily halt in-person court hearings for detained immigrants, arguing that the government’s decision to continue doing so during the coronavirus pandemic “unnecessarily endangers all participants.”

The National Immigration Project of the National Lawyers Guild, the American Immigration Lawyers Association and the Immigration Justice Campaign filed the request for a temporary restraining order against the Executive Office for Immigration Review and Immigration and Customs Enforcement in U.S. District Court in Washington, D.C.

[Coronavirus: Attorneys, Advocates File Emergency Motion To Halt In-Person Immigration Hearings, by Tatiana Sanchez, SF Chronicle, April 8, 2020]

And on cue, obviously working closely with the Treason Bar and advocates for illegal aliens, the kritarch union and Kritarch Tabaddor immediately make public statements supporting the lawsuit.

Prosecutors, defense attorneys and judges have all criticized the government for continuing to hold immigration hearings for detainees in San Francisco and nearly 60 courthouses across the nation during the coronavirus pandemic, even as many criminal courthouses have shut down.

Hon. Ashley Tabaddor, a U.S. immigration judge in Los Angeles and president of the National Association of Immigration Judges, said in a statement Wednesday that defendants, attorneys and judges “are being forced to gather in courtrooms and buildings where there are confirmed cases of coronavirus and where people are visibly sick.”

She added that court members are also “interacting with guards and detainees who are traveling back and forth from detention facilities — some run by private companies — where COVID-19 has been detected and confirmed.”

The collusion between the union, the Treason Bar, and illegal alien advocacy groups is obvious, and quite illegal. Federal employees, especially attorneys, are prohibited from such contacts and collusion with groups and persons having business before the Federal government. Furthermore, the lawsuit is obviously motivated by partisan political interests and participating in such activity is unethical for administrative law judges and illegal under the Hatch Act., a statute that protects Americans from being the victims of partisan political activities by Federal bureaucrats.

And, as yet again, Dana Leigh Marks, another kritarch and former union president, has admitted the ongoing criminal activity by kritarchs.

Many judges in San Francisco are calling in sick in order to stay home, said Dana Leigh Marks, an immigration judge and former president of the judges’ union.

While there is some leeway for Tabaddor to make public statements regarding union business, but not on any issue unrelated to immediate issues covered by the collective bargaining agreement, there is no excuse for Marks to make any public statement about anything related to the EOIR. Frequently Kritarch Marks is referred to with a union title, generally president emerita of the union. However, that is not an official union position recognized by the bargaining agreement, nor is it generally accepted as a union title or function that allows comment on issues related to an agency and its function. Federal employees are strictly prohibited from speaking with the press or making public statements regarding their work and agency unless authorized by the agency.

This is another reason that Based Bill is working to decertify the kritarchs union and place them under stricter supervision. However, he does not have to wait for the decertification of the union, he can fire Marks immediately. And he certainly has a case against Tabaddor as well, who frequently spouts off on issues unrelated to union business and demands changes in the law related to the immigration appeals system and promotion to real judge.

Time to put the kritarch bureaucrats in their place. Fire any kritarch participating in this illegal sick-out, as well as firing Tabaddor and Marks.

You can politely contact Tabaddor here or here: (310) 709-3580 or (818) 904-5200 respectively. Marks can be contacted, politely, here: (415) 705-4415.

You can also contact Tabaddor’s immediate supervisor, Scott D. Laurent, Assistant Chief Immigration Judge, at (818) 904-5200, and politely express you concern about the illegal sick-out strike by immigration judges and the union, her political activity that reflects poorly on the EOIR, and the appearance of a lack of judicial professionalism, propriety, and impartiality based on her obvious political activity being coordinated with political and legal groups with whom she has a working relationship based on her position as a Federal employee and attorney.

Marks’ direct supervisor is Christopher Seppanen, Acting Assisstant Chief Immigration Judge and can be reached at (415) 705-4415. Politely express your concern about the illegal sick-out by immigration judges, Marks’ politicized public statements on matters under the jurisdiction of the EOIR and how her partisan political behavior reflects negatively on the EOIR.

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