A federal judge on Friday night expanded the number of executive branch workers temporarily protected from a potential mass firing and ordered the Trump administration to disclose more details about its planned reductions in force.
During a virtual hearing in the U.S. District Court for the Northern District of California, Judge Susan Illston also reiterated the intention of a temporary restraining order she issued Wednesday, which temporarily barred the Trump administration from issuing layoffs of federal workers in unionized offices during the ongoing federal government shutdown or from enforcing any RIF notices already issued.
“During this time, these agencies should not be doing RIFs of the protected folks that we’re talking about,” Illston said.
The restraining order, which initially included employees represented by the American Federation of Government Employees and AFL-CIO, will be extended to federal workers represented by the National Federation of Federal Employees, Service Employees International Union and National Association of Government Employees.
“My recommendation to defense counsel is to tell the defendants they should err on the side of caution, and I don’t think any RIFs should be happening during the time that the TRO is in effect,” Illston said. “A good lawyer, I think, would tell the client to be careful. … This is a terrible situation, and we ought not make it worse.”
Illston also ordered the Trump administration to provide additional details about planned layoffs after executive agencies provided scant details in a Friday filing.
“They haven’t told you, your honor, and therefore we don’t know, what other agencies might be preparing RIFs to implement the decision to RIF people during the shutdown,” said attorney Danielle Leonard, representing the unions. She pointed to revelations that the Interior Department had planned to move ahead with layoffs as early as Monday.
“DOI revealed it because we called them out on it,” she added. “The defendants need to disclose that information.”
According to court documents filed Friday, Interior planned to be “imminently abolishing positions” across 68 “competitive areas,” the name for grouping together similar jobs and responsibilities and then eliminating employees based on details like performance evaluations and tenure.
That group included nearly 10,000 employees, of whom more than 2,500 are members of the two unions who initiated the ongoing lawsuit.
Interior had planned to fire more than 1,500 individuals but will be unable to do so while the temporary restraining order is in place.
It remains to be seen whether the agency will attempt to fire employees who are not safeguarded by union status. Although Illston’s order applies only to those federal workers covered by the five unions, her decision is exponential since it also safeguards any “competitive areas” that include one of those employees.
Although current tallies are not available, data kept by the Office of Personnel Management shows that in September 2024, nearly 17,500 of the more than 69,000 Interior employees were included in a bargaining unit.
Pressed by Illston, Justice Department attorney Elizabeth Hedges subsequently said that Interior is not planning to issue any RIFs on Monday, to the best of her knowledge.
“It makes me feel good as an American and as a judge that your clients intend to comply with the court’s order,” Illston said.
Illston also ordered the Trump administration to detail any existing RIF plans on Monday by noon Eastern time.
Reporter Scott Streater contributed.
