Since taking office in January, President Trump has issued several unlawful executive orders seeking to shutdown congressionally mandated agencies, fire and traumatize federal workers, outlaw their unions, and gut merit systems protections.
AFGE and allies have filed several lawsuits against President Trump over these unlawful executive actions.
We are currently involved in multiple ongoing lawsuits, some filed by other unions and organizations. Many of these cases overlap, meaning a judge's decision in one lawsuit could impact another being heard by a different judge.
In addition, even though AFGE has scored several victories, these are not final outcomes, as the Trump administration can appeal unfavorable decisions. Some judges have ordered an injunction blocking the administration from proceeding with its planned actions while litigation is ongoing, but some have allowed the administration to continue while litigation is pending.
We advise federal workers to follow these cases closely and stay connected with AFGE for updates.
Here’s a list of several key areas AFGE and our partners are litigating against the Trump administration and the status of relevant cases:
AFGE has filed or been involved in several lawsuits challenging the Trump administration’s attempts to dismantle agencies and issue widespread RIFs. Most notable, on April 28, 2025, AFGE led a coalition of nationwide labor organizations, non-profit groups, and local cities and counties in California, Illinois, Maryland, Texas, and Washington in suing the Trump administration over its unlawful government reorganization, including its plans for massive reduction in force.
On May 22, Judge Susan Illston granted a preliminary injunction, ruling that President Trump cannot implement the administration’s unlawful reorganization plan, including the plan for mass layoffs of federal workers, without the approval of Congress which created these agencies. The ruling is an extension of the two-week temporary restraining order (TRO) Judge Illston previously issued on May 9. As a result of the order, many of the agencies named in the lawsuit are prohibited from implementing their planned layoffs until the case is resolved.
Current status: On May 30, the appeals court kept in place a lower’s court decision to pause the Trump administration’s mass layoffs of federal workers at the agencies covered by the PI until the case is resolved. On June 3, the Trump administration filed an emergency appeal with the Supreme Court asking the justices to intervene.
Trump on March 27 issued an executive order outlawing collective bargaining rights on national security grounds for two thirds of federal workers. Less than two hours before that order was issued, the administration also sued several AFGE affiliates in Texas asking a Trump-appointed judge to greenlight his order banning unions in the agencies named in the order. The administration similarly sued NTEU the following day in Kentucky.
In response to the March 27 executive order, on April 3, 2025, AFGE and several other unions sued Trump arguing that the order was unlawful and unconstitutional. NTEU filed a separate lawsuit against the executive order on March 31, 2025.
Current status: Judge Danny Reeves on May 20 dismissed Trump’s case against NTEU, saying the administration lacks legal standing to bring a lawsuit against the union as the Treasury Department has not yet implemented Trump’s order. A hearing in the government’s lawsuit against AFGE in Texas is set for June 10, 2025, when the judge will hear AFGE’s arguments for why the case against it should be dismissed
In NTEU’s suit against the Trump administration, a judge on April 25 temporarily blocked the administration from implementing the executive order. Subsequently, however, an appeals court on May 16 paused the injunction.
The lawsuit challenging the executive order filed by AFGE and several other unions is scheduled for a preliminary injunction hearing on June 18, 2025.
AFGE and allies filed a lawsuit against OPM’s directive for mass termination of probationary employees at six agencies: the Veterans Affairs, Agriculture, Interior, Energy, Defense, and Treasury departments. The lawsuit argues that OPM exceeded its authority by instructing agencies to fire employees based on fabricated performance issues.
On March 13, Judge William Alsup granted a Preliminary Injunction broadening a temporary restraining order against OPM, finding the termination of probationary federal employees illegal because OPM had no authority to order it and that the stated cause of the firings was untrue. The judge ordered immediate reinstatement of terminated probationary employees and ordered these agencies to cease termination of probationary employees. The administration appealed to the U.S. Court of Appeals for the Ninth Circuit, which denied its request. The administration then sought the Supreme Court’s emergency intervention, and the high court on April 8 stayed Judge Alsup’s preliminary injunction because it found that the non-union plaintiffs lacked standing to bring the case.
Subsequently, on April 18, Judge Alsup granted another preliminary injunction to additional plaintiffs prohibiting OPM from ordering any other federal agency to terminate the employment of any federal employee.
Current status: On June 5, AFGE asked Judge Alsup to convert the April preliminary injunction into a permanent injunction blocking OPM’s illegal mass firings of probationary employees.
AFGE led a collation of unions in suing Homeland Security Secretary Kristi Noem and others in the administration for the unlawful and unilateral termination of our negotiated union contract with the Transportation Security Administration (TSA) covering about 47,000 Transportation Security Officers (TSOs).
Current status: A hearing took place May 27. In a major victory for the coalition and TSOs, Judge Marsha Pechman on June 2 granted a preliminary injunction, blocking President Trump from unilaterally terminating AFGE’s negotiated union contract with TSA. The judge found that the administration retaliated against AFGE for challenging its policies in court. The administration also failed to explain why collective bargaining all of a sudden threatened the safety of the transportation system when the agency held the opposite view for more than a decade.
AFGE and the American Foreign Service Association (AFSA) on Feb. 6 filed a lawsuit against the Trump administration for illegally shutting down the U.S. Agency for International Development (USAID).
Current status: AFGE and the government have filed cross-motions for summary judgement asking the judge to rule, respectively, in their favor. Specifically, the government has asked the judge to either dismiss AFGE’s case or find that AFGE’s case is without merit. AFGE is asking that the judge implement a permanent injunction blocking the illegal shutting down of USAID. The judge has not ruled on the motions.
AFGE joined other unions, associations, and individual workers in suing the U.S. Agency for Global Media and Trump officials for illegally shutting down Voice of America (VOA), a congressionally mandated agency.
Current status: Judge Royce Lambert on April 22 blocked the Trump administration from dismantling VOA. In granting a preliminary injunction until the lawsuit is settled, the judge ordered the administration to restore its programming and reinstate employees and contract workers who were terminated or put on administrative leave. The administration appealed, and the court declined to block the administration’s efforts. VOA is reportedly sending RIF notices to the remaining 800 employees soon. As of May 30, AFGE Local 1812 representing VOA employees has not received official notice of a reduction-in-force and has not received any reports that employees have received notices.
On April 14, AFGE joined the AFL-CIO and unions representing workers across private and public sector industries in suing the Trump administration over its dismantling of the Federal Mediation and Conciliation Service (FMCS), including firing mediators and staff, and closing field offices across the country. FMCS is a small but important independent federal agency that is integral to the government’s labor relations infrastructure. FMCS provides mediation, training, and facilitation to resolve disagreements between employers and unions.
In a separate case brought by states, a federal judge ruled that Trump doesn’t have the legal authority to shut down agencies created by Congress. The agencies involved in this case are FMCS, the Institute of Museum and Library Services, which funds libraries across the country, and the Minority Business Development Agency, which promotes businesses owned by minorities.
Current status: The judge in the unions’ case challenging the dismantling of the FMCS denied the union’s request for a preliminary injunction as moot because the government has already been enjoined from dismantling the agency as a result of the preliminary injunction in the states’ case. The case is now proceeding to summary judgment for permanent relief.
AFGE and the American Federation of State, County, and Municipal Employees (AFSCME) are challenging the Trump administration’s executive order reinstating Schedule F, now known as Schedule Policy/Career, which threatens to reclassify tens of thousands of federal employees into at-will positions. The lawsuit primarily argues that the administration unlawfully rescinded Biden-era regulations limiting Schedule F’s scope and protecting employees.
Current status: AFGE and AFSCME’s lawsuit against Schedule F is pending a motion to dismiss filed by the government. Despite indicating it would, the government did not unilaterally rescind the Biden-era regulations and, instead, engaged in the notice and comment rulemaking process. AFGE and AFSCME also plan on submitting comments to the government’s proposed rule rescinding the Biden-era regulations.
AFGE and allies filed suit against the Treasury Department’s decision to grant payment system access to DOGE, citing violations of the Administrative Procedure Act (APA) and the Privacy Act. A related lawsuit filed by the New York Attorney General has further strengthened AFGE’s position.
Current status: The case is currently pending summary judgment briefing.
This case was originally aimed at preventing the Department of Labor from granting DOGE access to sensitive records, but it has since expanded to include the Department of Health and Human Services and other federal agencies. The lawsuit asserts that the administration violated the Privacy Act and Administrative Procedure Act (APA) by unlawfully disclosing confidential employee data.
Current status: Currently pending summary judgment briefing.
This lawsuit challenges the legality of OPM’s original deferred resignation program under the Administrative Procedure Act (APA). On March 31, the lawsuit was amended to assert that the administration should have issued regulations regarding the proposed offer before it was implemented. The administration filed a motion to dismiss the case.
Current status: On June 5, AFGE filed an opposition to the administration’s motion to dismiss.
A class-action lawsuit filed by Lex Lumina on behalf of AFGE and all federal employees alleges that OPM improperly shared employee records with DOGE, violating federal privacy laws. Several AFGE members are named plaintiffs.
Current status: On June 9, judge Denise Cote ordered OPM to temporarily halt disclosures of Americans' personal data to DOGE.
Other cases brought by other organizations that affect federal workers
Department of Education
A judge on May 22 blocked Trump from moving forward with a mass layoff at the Department of Education and ordered him to reinstate more than 1,300 employees. The case was brought by Democratic state attorneys general who argued Trump’s true intention was to dismantle the department without the approval of Congress, which created the agency in 1979.
NIOSH
A coalition of labor unions along with a manufacturer of personal protective equipment on May 14 filed a lawsuit against the Trump administration for its illegal dismantling of the National Institute for Occupational Safety and Health (NIOSH).
On June 9, judge Denise Cote ordered OPM to temporarily halt disclosures of Americans' personal data to DOGE.
The Department of Veterans Affairs (VA) has officially walked back its plan to lay off more than 80,000 employees as part of the Elon Musk-led “Department of Government Efficiency” (DOGE) initiative.
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In a significant decision impacting the federal workforce, the Supreme Court lifted lower-court injunctions, enabling the current administration to proceed with its controversial plans for mass layoffs and restructuring of federal agencies.
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In a late-breaking development, the Ninth Circuit Court of Appeals has granted a temporary administrative stay of the preliminary injunction blocking enforcement of Executive Order 14251.
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