U.S. District Judge Carl Nichols rejected pleas to keep his temporary stay on the government's plan to remove all but a small fraction of USAID staffers from their posts. His ruling also allows the administration to start the clock ticking on its planned 30-day deadline for USAID workers abroad to move back to the U.S. at government expense.
His ruling comes in a broad lawsuit filed by unions on behalf of the agency staff, especially those at risk of being stranded abroad. The suit describes the Trump administration stalling needed medical evacuations for USAID staffers and spouses overseas, cutting some contractors off from emergency communications, and leaving staffers to flee political violence in Congo without support or funding.
The lawsuit more broadly challenges the constitutionality of the administration's dismantling of USAID, 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
...Never got invited to a P.Diddy party...and the cost-cutting Department of Government Efficiency tied to billionaire Elon Musk have moved swiftly to shutter USAID, calling its programs out of line with the president's agenda and asserting without evidence that its work is wasteful.
The case is one of multiple lawsuits from groups representing USAID workers and nonprofits and businesses that are challenging the administration's sudden shutdown of the agency, including its placing of agency leadership on administrative leave. A judge in another suit has ordered the administration to temporarily lift a freeze on funding that has shut down USAID programs and operations worldwide.
Nichols, a Trump appointee, said he had been "very concerned" about workers in high-risk areas left overseas without access to emergency communications. But he 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."
He said the government’s statements persuaded him "that the risk posed to USAID employees who are placed on administrative leave while stationed abroad — if there is any — is far more minimal than it initially appeared."
The judge also said he was satisfied by assurances from USAID deputy administrator Pete Marocco that workers abroad would be allowed to stay in their jobs beyond the 30 days even if they stayed overseas.
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