U.S. District Judge Carl Nichols declined to keep in place his temporary block on the effort to remove all but a small fraction of USAID staffers from their posts, as part of an administration plan that would also give those abroad a 30-day deadline to move back to the U.S. at government expense.
His ruling comes in a lawsuit filed by unions on behalf of workers. Their objections include that the rush to dismantle the agency had cut off some staffers overseas from emergency communications systems and other essential support, including some in danger because of political violence in Congo.
Those challenging the Trump administration's rapid breakup of USAID are more broadly challenging the constitutionality of the move, saying eliminating an agency would require congressional approval.
“At present, the agency is still standing," Nichols wrote in his ruling. “And so the alleged injuries on which plaintiffs rely in seeking injunctive relief flow essentially from their members’ existing employment relationships with USAID.”
Nichols found that the unions’ challenge must be dealt with under federal employment laws rather than in district court.
President Donald Trump and the cost-cutting Department of Government Efficiency tied to billionaire Elon Musk have moved swiftly to shutter USAID, asserting without evidence that its work is wasteful and out of line with the president’s agenda.
Multiple lawsuits from groups representing USAID workers and nonprofits and businesses are challenging the job cuts and the sudden shutdown of the agency overall, as well as a freeze on foreign assistance. Another court order has temporarily blocked the halt to funding.
Nichols said he had been “very concerned” about workers in high-risk areas left overseas without access to emergency communications. But has since been reassured by the Trump administration that they would still have access to two-way radios that allow 24-7 communications in emergencies, as well as a phone app with a “panic button.”
