Judge orders thousands of fired government workers be reinstated

The decision on probationary workers comes as the Trump administration faces another lawsuit over effort to slash the Education Department’s workforce.

The headquarters of the Department of Education on Wednesday. Picture: Getty Images via AFP

A federal judge has ordered six federal agencies to reinstate thousands of probationary employees who were fired last month, dealing a blow to the Trump administration’s efforts to rapidly scale back the size of the federal workforce.

US District Judge William Alsup in California said Thursday that probationary workers from the departments of Agriculture, Energy, Interior, Treasury, and Veterans Affairs had been unlawfully fired.

The American Federal of Government Employees brought the lawsuit on behalf of tens of thousands of probationary employees who were fired by the Office of Personnel Management. The government targeted these employees because they didn’t have a pathway to appeal their firings, the AFGE argued. The Justice Department said that the decision to terminate the workers had been lawful.

Alsup, a nominee of former President Bill Clinton, pointed to employees who were told they were fired for cause despite stellar performance reviews. “It’s a sad day when the federal government would fire a good employee and say it’s based on performance when they know good and well that’s a lie,” Alsup said in remarks delivered from the bench. “That should not be done in our country. It was a sham to avoid statutory requirements.”

The Trump administration has encountered a number of legal challenges in its push to slash the government’s size and spending.

Chloe Kienzle demonstrates outside the headquarters of the Department of Education on March 12. Picture: Getty Images via AFP

A coalition of 20 states on Thursday sued the Trump administration over plans to eliminate nearly half of the staff of the Education Department, saying the move would effectively dismantle the agency.

The group led by Democratic attorneys general in states including Arizona, California, Colorado, New York and Wisconsin said in the lawsuit filed in federal court in Massachusetts that the Trump administration’s plans to dismantle the agency were unconstitutional. The Education Department cuts would devastate education programs across the US and would leave the agency unable to carry out basic duties, the lawsuit added.

“Firing half of the Department of Education’s workforce will hurt students throughout New York and the nation, especially low-income students and those with disabilities who rely on federal funding,” said New York Attorney-General Letitia James. “This outrageous effort to leave students behind and deprive them of a quality education is reckless and illegal.”

“President Trump was elected with a mandate from the American public to return education authority to the states,” said Madi Biedermann, spokeswoman for the Education Department.

Plans to reduce the Department of Education’s workforce were implemented in compliance with all applicable regulations and laws, Biedermann said. No employees working on federal student aid, student-loan servicing or discretionary grants programs were affected and civil-rights investigations will continue, she said.

Education Secretary Linda McMahon. Picture: Getty Images via AFP

The Education Department said Tuesday it was cutting its workforce by about 1,950 staff positions in total, including 1,315 federal workers. Trump is expected to issue an executive order seeking to dismantle the federal agency.

The order is expected to call for Education Secretary Linda McMahon to help facilitate the closure of the agency, The Wall Street Journal previously reported. The White House hasn’t yet said when the president will sign the order.

A president, however, cannot unilaterally eliminate a federal agency that has been established by Congress. Congress would need to approve the measure. Republicans control the Senate with a 53-47 majority and would need support from Democrats to reach a filibuster-proof 60-vote majority to completely phase out the agency.

The Trump administration has been cutting staff across federal agencies, mainly led by Elon Musk’s Department of Government Efficiency. Evercore ISI estimates that DOGE’s efforts will directly or indirectly result in nearly 500,000 fewer jobs.

Republicans have been critical of the Education Department since it was created by Congress and signed into law by President Jimmy Carter in 1979.

During the Biden administration, conservatives targeted the agency over student-loan forgiveness and the expansion of antidiscrimination rules for transgender students. Trump promised on the campaign trail to eliminate the department.

The Education Department, with around 4,500 employees as of last year, is the smallest cabinet-level agency. Polls show most Americans oppose eliminating the department.

The Wall Street Journal