Judge Extends Ban on Trump Administration Layoffs During Shutdown

A federal judge in California has indefinitely barred the Trump administration from firing federal employees during the ongoing government shutdown, converting an earlier temporary order into a broader preliminary injunctionpreliminary injunctionA preliminary injunction is a temporary court order issued before a case is finally decided that requires a party to take or stop an action while the litigation continues. Federal courts generally consider the likelihood of success, irreparable harm, the balance of equities, and the public interest before granting one.Read more →.

U.S. District Judge Susan Illston issued the decision Tuesday in San Francisco, finding that the administration’s plan to eliminate thousands of positions likely exceeded its legal authority.

She cited public comments by President Donald Trump and Office of Management and Budget Director Russell Vought that described the shutdown as an opportunity to cut programs tied to Democratic priorities, evidence the court said supports a finding of political motivation. The injunction prevents federal agencies from issuing or enforcing reduction-in-force notices dated after October 1, when the shutdown began.

The lawsuit, filed by the American Federation of Government Employees and the American Federation of State, County, and Municipal Employees, now includes several other major federal labor unions. Together, they claim the administration used the shutdown as a pretext to target programs it opposes, arguing that the layoffs violate federal law. Judge Illston stated that the unions are likely to succeed on their claims under the Administrative Procedure Act and the Antideficiency Act, two statutes that limit executive power over personnel decisions during funding lapses.

The Administrative Procedure Act prohibits federal agencies from acting beyond their lawful authority or on political grounds, while the Antideficiency Act restricts government operations during a shutdown to essential services that protect life or property. The court found that permanently terminating employees during a funding lapse goes beyond what these laws allow, since furloughed workers are typically reinstated with back pay once funding resumes.

In a press release, AFGE President Everett Kelley said the ruling “prevents the administration from firing workers due to the shutdown while we continue our litigation in court.” AFSCME President Lee Saunders added that the injunction “affirms that public service jobs cannot be weaponized for political purposes.”

Lawyers for the administration argue that the president has wide discretion to reorganize the federal workforce and that the district court lacks authority to intervene in personnel matters of this scope. Government counsel also claimed the reductions reflect the president’s campaign pledge to streamline government operations.

The injunction will remain in effect while the case continues or until a higher court rules. The shutdown has entered its third week, the second-longest in U.S. history after the 35-day closure during President Trump’s first term.