A federal judge in San Francisco has ordered the Trump administration to stop firing federal employees during the ongoing government shutdown. The decision comes after two major labor unions, the American Federation of Government Employees (AFGE) and the American Federation of State, County and Municipal Employees (AFSCME), filed a lawsuit challenging the administration’s actions.
Judge Susan Illston from the U.S. District Court for the Northern District of California stated that the unions are likely to prove that the administration’s reduction-in-force (RIF) notices to over 4,000 federal employees are illegal, beyond its authority, and arbitrary. She directed the administration to halt any further RIF notices and not to enforce those already issued in offices where union members are represented. The administration must also provide detailed information about all RIF notices within two days.
The lawsuit, filed on September 30, argues that the Office of Management and Budget (OMB), led by Director Russ Vought, violated the law by threatening mass firings during a shutdown. The suit also names the Office of Personnel Management and its Director Scott Kupor, who are accused of instructing agencies to have employees work during the shutdown to carry out these RIFs. After layoffs began on October 10, the unions sought immediate relief through court motions.
AFGE and AFSCME are represented by Altshuler Berzon LLP, Democracy Forward, and Democracy Defenders Fund.
“This decision affirms that these threatened mass firings are likely illegal and blocks layoff notices from going out,” said AFSCME President Lee Saunders. “Federal workers have already faced enough uncertainty from the administration’s relentless attacks on the important jobs they do to keep us safe and healthy. They deserve respect for the work they do – not to be treated as political pawns by the billionaires running this administration who see workers as expendable. AFSCME will continue to stand up to this administration’s blatant abuse of power and mistreatment of public service workers.”
“The administration’s move to fire thousands of federal employees who are already going without pay during the government shutdown is not only cruel but unlawful,” said AFGE National President Everett Kelley. “These are dedicated public servants who keep our nation running – protecting public health, supporting education, ensuring fair housing, and driving economic growth. We are pleased with the court’s ruling halting these unlawful terminations and preventing the administration from further targeting hardworking civil servants during the shutdown.”
“The president seems to think his government shutdown is distracting people from the harmful and lawlessness actions of his administration, but the American people are holding him accountable, including in the courts. The statements today by the court make clear that the President’s targeting of federal workers – a move straight out of Project 2025’s playbook – is unlawful,” said Skye Perryman, president and CEO of Democracy Forward. “Our civil servants do the work of the people, and playing games with their livelihoods is cruel and unlawful and a threat to everyone in our nation. We will continue to go to court on behalf of our brave clients to stop the President’s attempt to use a shut down of his own creation to harm the American people.”
“Today’s decision is a major win for the thousands of federal workers this administration has tried to punish, and the millions of Americans who depend on a functioning government,” said Norm Eisen, executive chair of Democracy Defenders Fund. “President Trump needs to stop playing games with people’s livelihoods. End the shutdown, stop using public servants as political hostages, and start governing. Federal workers are not pawns in his vendetta. They’re patriots, and they deserve a government that treats them with respect.”
“There is nothing remotely lawful about this administration’s choice to force federal employees to work during a government shutdown to terminate their fellow public servants, all to serve political aims and justified by the false premise that the shutdown eliminates statutory authorization,” said Danielle Leonard of Altshuler Berzon LLP. “Today’s order is the first step in the unions’ fight for justice for the employees that the president and OMB unfortunately insist on using as pawns.”
The unions argue that firing federal employees during a shutdown is an unlawful use of power intended to pressure Congress and punish workers. Historically, shutdowns result in employees being furloughed without pay but later compensated or being required to work until funding resumes. The administration’s approach departs from this precedent by issuing mass RIF notices that could remove back pay rights, violate agency duties, and affect essential personnel needed during a shutdown.
