The Executive Orders Project - Federal Workforce
By Adele Uphaus
MANAGING EDITOR AND CORRESPONDENT
Email Adele
Overview
The following executive orders relate to the federal workforce (updated February 12):
Implementing the President’s “Department of Government Efficiency” Workforce Optimization Initiative (February 11): Directs the Office of Management and Budget to submit a plan to reduce the size of the federal government, requiring that agencies may hire no more than one employee for every four employees that depart. Establishes a DOGE team at every agency and requires agencies to begin “reductions-in-force.”
Memorandum for the Heads of Executive Departments and Agencies (February 7): Directs the heads of executive departments and agencies to review all funding provided to non-governmental organizations and align future funding decisions with the interests of the United States and the goals of the Trump-Vance administration.
Restoring Accountability to Policy-Influencing Positions in the Federal Workforce (January 21): Reinstates a policy from the first Trump administration and applies it to career professionals. States that “any power [these professionals] have is delegated by the President, and they must be accountable to the President, who is the only member of the executive branch, other than the Vice President, elected and directly accountable to the American people.”
Return to In-Person Work (January 21): Directs heads of all departments and agencies in the executive branch to terminate remote work arrangements.
Hiring Freeze (January 21): Implements a freeze on the hiring of federal civilian employees.
Reforming the Federal Hiring Process and Restoring Merit to Government Service (January 20): Orders development of a Federal Hiring Plan that brings to the federal workforce “only highly skilled Americans dedicated to the furtherance of American ideals, values, and interests.”
Pending Litigation
Government Accountability Project v. U.S. Office of Personnel Management: Plaintiffs—independent nonprofits representing whistleblowers, federal employees, retirees and their survivors—allege that the OPM Guidance implementing an executive order aiming to reclassify thousands of members of the civil service and strip them of their civil-service protections and enabling the president or heads of agencies to fire them at will did not go through proper procedure under the Administrative Procedure Act, violates the Civil Service Reform Act’s protections for career employees, and violates civil servants’ Fifth Amendment Due Process rights. Filed February 6 in U.S. District Court, Washington, D.C. Two other similar lawsuits have been filed.
National Treasury Employees Union v. Trump: Seeks to block implementation of the order “Restoring Accountability to Policy-Influencing Decisions,” arguing that the executive order violates laws Congress passed to provide civil-service protections to the vast majority of civil servants, with only limited exceptions for Senate-confirmed political appointees. Filed January 28 in U.S. District Court, Washington, D.C. Two other similar lawsuits have been filed, according to Just Security’s litigation tracker.
New York et al v. Donald Trump: The complaint alleges that the Treasury Department granted DOGE-affiliated individuals access to sensitive personal and financial information maintained by the Treasury Department. The plaintiffs, attorneys general of 19 states, sued on the ground that the policy of giving expanded access to political appointees and “special government employees” to Treasury’s Bureau of Fiscal Services violated the Administrative Procedure Act. Filed February 7 in U.S. District Court in New York. At least six other similar cases have been filed. UPDATE: On Feb. 8, 2025, after midnight, Judge Paul A. Engelmayer issued an emergency temporary restraining order until a Feb. 14. hearing, prohibiting access to the Treasury Department’s systems and requiring prohibited persons to immediately destroy any material already downloaded.
American Federation of Government Employees, AFL-CIO v. Ezell: Argues that the “Fork in the Road” email violates the Administrative Procedure Act (APA) because it is “arbitrary and capricious” and not in accordance with the Antideficiency Act. Filed February 4 in U.S. District Court, Massachusetts. UPDATE: A judge has ordered and extended a stay on the deadline given for employees to accept the email’s offer.
American Federation of Government Employees, AFL-CIO v. Trump: Plaintiffs argue that executive actions either to dissolve USAID or merge it with the State Department are unconstitutional violations of the separation of powers and the Take Care Clause; and unlawful under of the Administrative Procedure Act by exceeding statutory authority, violating the Further Consolidated Appropriations Act, and involving arbitrary and capricious abuses of discretion. Filed February 6 in U.S. District Court, Washington, D.C. Two other similar cases have been filed. UPDATE: A federal judge issued a temporary restraining order preventing USAID from placing employees on administrative leave or evacuating them. He rejected the plaintiffs’ request for a restraining order on the funding freeze on the ground that the plaintiffs (USAID employees) could not show sufficient harm to themselves.
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