Judge impedes USAID departure alerts, re-enacts employees

In a significant turn of events, U.S. District Judge Carl Nichols has issued a temporary restraining order blocking the U.S. Agency for International Development (USAID) from placing thousands of employees on administrative leave and evacuating workers stationed overseas in the USA.

The order, issued late last night at 11:03 p.m., comes as Judge Nichols, a Trump appointee, expressed frustration with the government's refusal to pause their actions, allowing for a fuller discussion of the legal issues. The judge indicated he would issue an order before midnight on Friday, blocking new administrative leave notices from USAID and any agency efforts to evacuate employees currently stationed overseas in the USA.

The lawsuit, filed by the American Foreign Service Association and the American Federation of Government Employees, alleges that the administration's plans violate the constitutional separation of powers, the take care clause, and multiple instances of the Administrative Procedures Act. Acting Assistant Attorney General Brett Shumate argued that the case should be channeled either through the Merit Systems Protection Board or the Federal Labor Relations Authority.

Judge Nichols, who had eight hours, no briefs from the government, and the potential for 2,200 more employees to be placed on administrative leave, stated his concerns about the potential for irreparable harm. He suggested he may include language instructing USAID to rescind the approximately 500 leave notices that went out earlier this week, but was not yet certain on that point.

The order reinstates all employees previously placed on leave by USAID and applies to any new administrative leave notices and agency efforts to evacuate employees currently stationed overseas in the USA. However, the specifics of the order, including the rescission of earlier leave notices, are not yet clear.

Karla Gilbride, former general counsel of the Equal Employment Opportunity Commission, expressed concerns that the planned leave notices, particularly those aimed at USAID workers stationed overseas in the USA, would cause harm to the agency's workforce, imperil their safety, and destabilize already unstable regions.

The current head of USAID is Samantha Power; however, due to the court ruling in Washington, D.C. blocking government actions, her ability to carry out duties may be limited. No newer confirmation or replacement has been reported beyond this context.

The order is expected to be issued before midnight on Friday, halting all of the Trump administration's workforce actions until February 14 at midnight, allowing for a fuller discussion of the legal issues. The story has been updated to reflect these developments.