Judge extends order preventing Trump administration from firing federal employees during shutdown

SAN FRANCISCO (AP) — A federal judge in San Francisco on Tuesday indefinitely blocked the Trump administration from firing federal employees during the government shutdown, saying labor unions would likely prevail on their claims that the cuts were arbitrary and politically motivated.

US District Judge Susan Elston issued a preliminary injunction prohibiting the dismissals while the lawsuit challenging them is pending. It had previously issued a temporary restraining order against the job cuts that was set to expire on Wednesday.

Read more: After previous efforts were blocked by courts, Trump wants to eliminate more funding during the shutdown

Elston, nominated by Democratic President Bill Clinton, said she believes the evidence will ultimately show that the mass firings were illegal and ultra vires.

Federal agencies are prohibited from issuing layoff notices or acting on notices issued since the Oct. 1 government shutdown. Elston said her order does not apply to notices sent before the shutdown.

The Republican administration has cut jobs in education, health and other fields it says are favored by Democrats. The administration also said it would not tap nearly $5 billion in emergency funds to maintain benefits through the Supplemental Nutrition Assistance Program, commonly referred to as SNAP, flowing through November.

Read more: “RIFs have started.” Vought announces the start of mass layoffs during the government shutdown

The American Federation of Government Employees and other labor unions sued to stop the layoffs, saying the firings were an abuse of power designed to punish workers and pressure Congress.

“President Trump is using the government shutdown as a pretext to illegally fire thousands of federal employees — specifically those employees who implement programs and policies the administration finds objectionable,” AFGE National President Everett Kelly said in a statement thanking the court.

The White House referred a request for comment to the Office of Management and Budget, which did not immediately respond.

Government lawyers say the district court does not have the authority to hear personnel appeals, and that Trump has broad authority to reduce the federal workforce, as he pledged during the election campaign.

He watches: As federal workers lose pay during the shutdown, many are turning to food banks for relief

“The president was elected on this specific platform,” Assistant U.S. Attorney Michael Vilcek said. “The American people chose someone known above all for his eloquence in telling employees you’re fired, and that’s what they voted for.”

Trump starred in a long-running reality TV series called “The Apprentice,” whose signature slogan was candidates telling them they were fired.

About 4,100 layoff notices have been sent since Oct. 10, some of which sent to work email addresses that furloughed employees are not allowed to verify. Some employees have been called back to work, without pay, to issue layoff notices to others.

He watches: Federal workers describe how the shutdown changed their jobs and daily lives

The lawsuit was expanded to include employees represented by additional labor unions, including the National Treasury Employees Union, the American Federation of Teachers, and the International Union of Professional and Technical Engineers. The lawsuit includes all ministerial departments and about twenty independent agencies.

Democratic lawmakers are demanding that any deal to reopen the federal government address expired health care subsidies that made health insurance unaffordable for millions of Americans. They also want any government funding bill to undo the Medicaid cuts in Trump’s large tax breaks and spending-cutting bill passed this summer.

Republican House Speaker Mike Johnson refused to negotiate with Democrats until they first agreed to reopen the government.

This is now the second longest shutdown in US history.

The longest shutdown occurred during Trump’s first term due to his demands for funds to build the border wall between the United States and Mexico. That ended in 2019 after 35 days.