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Federal Judge Extends Restraining Order Against USAID Employee Leave
A federal judge in Washington, D.C., has decided to prolong a temporary restraining order that prevents the U.S. Agency for International Development (USAID) from placing thousands of its employees on paid administrative leave. This judicial move comes as the judge deliberates the potential implementation of a more lasting preliminary injunction.
This legal challenge began when the American Foreign Service Association and the American Federation of Government Employees filed a lawsuit against President Trump and USAID leadership, aimed at stopping what they describe as a systematic dismantling of the foreign aid agency. Reports indicate that over 2,000 domestic employees were denied access to the agency’s headquarters and computer systems, while another 2,000 overseas staff were scheduled to be put on leave starting February 7.
The plaintiffs allege that the administration’s actions transgress the constitutional principle of separation of powers, infringe upon the presidential mandate to uphold federal law, and violate several provisions of the Administrative Procedures Act. An amended complaint filed earlier today included the international non-profit Oxfam as a party in the lawsuit.
During a recent hearing attended by numerous USAID personnel, including current employees, retirees, and contractors, attorney Karla Gilbride, representing the labor organizations, expressed concerns that the administration’s current strategy could create an “information vacuum.” This situation, she stated, jeopardizes the safety of employees operating in high-risk regions globally.
Gilbride elaborated on the potential fallout, saying, “Payments are not being processed for essential services like utilities, mobile services, and internet access. If this trajectory is maintained, and if the defendants continue to undermine the agency, the risks will only escalate. The redirection of agency leadership to the State Department has led to significant breakdowns in communication.”
U.S. District Judge Carl Nichols, appointed by Trump, was particularly thorough in questioning Gilbride regarding the unions’ legal standing to seek redress in court without pursuing traditional channels, such as the Merit Systems Protection Board or the Federal Labor Relations Authority, first. Unions have historically faced challenges in bypassing these administrative remedies.
In response to the judge’s inquiries, Gilbride explained, “The MSPB is designed for claims related to past issues needing compensation. However, when an entire agency faces potential destruction, the typical statutory processes take years to conclude. Under the Thunder Basin precedent, we lack any practical review through these options. By the time MSPB procedures are finished, the landscape may have changed irreparably for USAID.”
On the other side, Justice Department attorney Eric Hamilton contended that despite Trump’s vocal intentions to “close [USAID] down,” the agency is simply adhering to an executive order that mandates a 90-day halt on foreign aid activities. He argued that a letter from Secretary of State Marco Rubio to Congress regarding this pause fulfills the requirement for legislative consultation specified in the fiscal 2024 appropriations law on reorganizing or downsizing the agency.
Hamilton claimed, “The president maintains authority over foreign aid, and regarding the appropriations stipulation about reorganizing the agency, we do not believe a reorganization has occurred at this point.”
However, he was unable to clarify how the ongoing changes would impact non-salary benefits that USAID personnel stationed abroad receive, such as utilities coverage and accommodations, as well as their access to security alert systems and other safeguards.
Gilbride countered Hamilton’s assertions, suggesting that there is a significant disconnect between the government documents concerning the “funding pause” and the actions being executed by the administration. She stated, “Today’s proceedings have shown a discrepancy between the official documentation and the real-world ramifications, which has especially contributed to anxiety and uncertainty regarding future actions. While the defendants refer to a ’90-day pause,’ we are witnessing widespread contract terminations, and although a waiver process exists theoretically, in practice, payments are not being fulfilled.”
Following the hearing, Nichols extended the existing temporary restraining order, which reinstates previously suspended workers and prohibits new leave notifications until February 21. He directed the Justice Department to clarify the details of the measures intended to protect overseas USAID employees facing leave. The judge revealed that a written decision regarding the potential issuance of a preliminary injunction, which could suspend the administration’s plans throughout the court proceedings, is expected next week.
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