AFGE, AFSA file updated lawsuit to prevent Friday termination of about 250 workers in violation of congressional language prohibiting federal reduction-in-force actions 

San Francisco, Calif. – The American Federation of Government Employees (AFGE) and the American Foreign Service Association (AFSA) on Wednesday filed a supplemental complaint and an emergency request for a temporary restraining order to stop the Trump administration from carrying out mass terminations of federal workers in clear violation of legislation passed by Congress that ended the longest government shutdown in U.S. history. 

Section 120 of the continuing resolution bill passed by Congress and signed into law by President Trump on Nov. 12 prohibits federal agencies from initiating, implementing, or carrying out any reduction-in-force (RIF) for the duration of the law, which currently extends through Jan. 30, 2026. The bill also requires that any RIF “noticed, initiated, executed, implemented, or otherwise taken” during the shutdown be rescinded. Nevertheless, a few federal agencies have refused to reinstate employees who were improperly terminated and have continued to notify employees that they will be separated before the end of January. 

Most recently, the State Department notified more than 250 of its Foreign Service and civil service employees on Monday, Dec. 1, that they would be terminated on Friday, Dec. 5 – carrying out reduction-in-force notices that were previously issued but paused due to the shutdown. AFGE and AFSA are seeking immediate court intervention to block those terminations and to reverse other unlawful RIF actions at the Small Business Administration, General Services Administration, and the Education and Defense departments. 

Because of the imminent mass firing at the State Department, the unions have asked District Judge Susan Illston to issue a temporary restraining order (TRO) preventing the department from carrying out the planned Dec. 5 terminations. 

“In voting to end the longest-ever government shutdown, Congress clearly stated that no federal employees should lose their jobs due to a reduction-in-force for the duration of the continuing resolution. This means that no RIF should be issued or acted upon, and any RIF terminations that occurred during the shutdown must be reversed,” AFGE National President Everett Kelley said. “The language in the bill and the intent of Congress is unambiguous – and so is the illegality of agencies proceeding to fire workers regardless of the prohibition. Because this administration continues to defy the law, the courts must intervene and protect these illegal terminations from proceeding.” 

“These unlawful separations reveal a callous indifference to the rule of law and the people who carry out America’s diplomatic mission every day,” said AFSA President John Dinkelman. “AFSA will not stand by. We are fighting to restore dignity for our members and protect the integrity of the Foreign Service.” 

The supplemental complaint and TRO request are part of an ongoing lawsuit brought by AFGE and a coalition of unions challenging the administration’s unlawful mass firings of federal employees during and following the government shutdown. AFGE and AFSA are represented in this action by Altshuler Berzon LLP, Democracy Defenders Fund, and Democracy Forward. 

“President Trump’s continued targeting of the nonpartisan civil service violates the law and threatens the security of all Americans,” said Skye Perryman, president and CEO of Democracy Forward. “This supplemental complaint and request for a restraining order seeks to ensure the Trump-Vance administration does not continue its wanton destruction of our civil service system, which imperils the safety of Americans, while our case continues.”  

“There is no legal foundation whatsoever for these firings. The statute that ended the shutdown placed clear legal protections around these public servants. The administration is attempting to nullify those protections unilaterally. We are asking the court to halt this unlawful campaign immediately as the law guarantees,” said Amb. Norm Eisen (ret.), executive chair of Democracy Defenders Fund. “Congress must also respond with urgency. The administration’s steady effort to usurp legislative authority is a direct challenge to our constitutional order. The Trump administration cannot brush aside Congress or the laws it enacts.” 

“There is no reason for the administration to insist on moving forward with these unlawful State Department terminations on only four days’ notice, inflicting immediate harm on these dedicated employees and their families,” said Danielle Leonard from Altshuler Berzon. “We gave the administration the opportunity to halt this scheme and reconsider this misguided and incorrect interpretation of the new legislation, and because they refused, we are asking the court to enforce the law.” 

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Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org.  

The American Federation of Government Employees (AFGE) is the largest federal employee union, representing more than 800,000 workers in the federal government and the government of the District of Columbia. For the latest AFGE news and information, visit the AFGE Media Center. 

The American Foreign Service Association, established in 1924, is both the professional association and exclusive representative for the U.S. Foreign Service. AFSA’s members include active-duty and alumni/retired members of the Foreign Service at the Department of State, the U.S. Agency for International Development, the Foreign Commercial Service, the Foreign Agricultural Service, the Animal and Plant Health Inspection Service, and the U.S. Agency for Global Media. 

Democracy Defenders Fund brings together a nonpartisan team to work with national, state and local allies across the country to defend in real-time the foundations of our democracy.