Judge in AFGE’s Shutdown RIFs Lawsuit Orders Halt to Mass Firings

October 20, 2025

Categories: The Insider

Our fight against the Trump administration’s illegal move to fire thousands of federal employees who are furloughed during the government shutdown netted a significant victory last week when a federal judge ordered an immediate halt to the mass terminations.

Judge Susan Illston from the U.S. District Court for the Northern District of California issued the temporary restraining order Oct. 15 at the conclusion of an emergency hearing requested by AFGE and our sister union, the American Federation of State, County and Municipal Employees (AFSCME), after the administration issued reduction-in-force notices to more than 4,000 federal employees on Oct. 10.

“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.”

Judge Illston said AFGE and AFSCME are likely to prove in court that the administration’s issuance of RIF notices during the shutdown is illegal, exceeds its authority, and is arbitrary and capricious. The judge ordered the administration to issue no further RIF notices and to take no action to enforce the RIF notices it has already issued in offices at the defendant agencies where the unions represent employees.

“At least for the next 14 days, the administration will be unable to issue any new reduction-in-force notices at any agencies that we sued, and it will also be unable to implement the reduction-in-force notices that it has already issued,” AFGE General Counsel Rushab Sangvhi said in an interview with NBC Washington affiliate WRC.

The judge ordered the administration to provide detailed information on the RIF notices it has issued so far, and she scheduled a hearing for Oct. 28 where attorneys for the unions and administration will present their arguments.

In her written order, Judge Illston said the administration is attempting to overturn congressional mandates by firing workers while the government is shut down, and she admonished the administration’s attorney for failing to make any argument as to the legality of the proposed terminations.

“At the hearing, counsel for defendants refused to answer the question of whether or not defendants’ action are legal, instead saying that defendants were ‘not prepared’ to address the merits today,” she wrote.

Hours before the hearing, Office of Management and Budget Director Russell Vought said the administration is looking to fire more than 10,000 federal employees during the shutdown – signaling that more RIFs could be coming. After learning that the Department of Interior could be planning to issue RIFs despite the judge’s ruling, AFGE notified the court and the judge scheduled a meeting for Oct. 17 to learn more.

During the Oct. 17 hearing, the judge made clear that the temporary restraining order applies to all union members – even those whose contracts were terminated by the administration. She also expanded the order to include employees represented by the National Federation of Federal Employees (NFFE), the National Association of Government Employees (NAGE), and the Service Employees International Union (SEIU).

While the legal fight is far from over, the judge made clear during the hearing that she believes there’s no justification for the administration’s actions.

“I think that the judge made the right call. The judge has declared that this is illegal, just as we have always said it was illegal,” President Kelley said on CNN’s The Lead with Jake Tapper. “We will continue to fight this if we have to. Do I think it will hold? I think that ultimately in the end, right will prevail. Because we’re on the side of right.”

For the latest shutdown news, visit www.afge.org/stoptheshutdown.