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Legal setback for Trump, musk as Judge halts USAID employee removals

POSTED ON February 8, 2025 •   GLOBAL NEWS      BY Abiodun Saheed Omodara
Donald Trump

A federal judge on Friday delivered a significant blow to President Donald Trump and his billionaire ally Elon Musk in their efforts to dismantle the U.S. Agency for International Development (USAID). 

The judge ordered a temporary halt to plans that aimed to remove thousands of agency employees from their positions. U.S. District Judge Carl Nichols, appointed by Trump, also agreed to prevent an order that would have allowed the administration to place these workers, stationed overseas, on sudden administrative leave while giving them just 30 days to relocate their families and households back to the U.S. at government expense.

The judge noted that such moves would pose unnecessary risks and financial burdens on the U.S. workers and their families.

He referenced reports from overseas employees indicating that the Trump administration, in its haste to close down USAID and its programs globally, had cut off access to government emails and other communication systems vital for contacting the U.S. government in emergencies related to health or safety.

The Associated Press previously reported that some USAID contractors in the Middle East and other areas found even the apps needed for emergencies were disabled or removed from their mobile devices when the administration unexpectedly furloughed them.

“Administrative leave in Syria is not the same as administrative leave in Bethesda,” the judge remarked in his order late Friday.

In stopping the 30-day deadline for USAID employees to return home at government expense, Nichols referenced statements from staff who had no place to go in the U.S. after years abroad, who faced the prospect of uprooting children with special needs from school midyear, and who encountered other hardships.

 

The judge also ordered the reinstatement of USAID staffers who had already been placed on leave by the Trump administration.

However, he dismissed a request from two federal employee associations to impose a temporary ban on a Trump administration funding freeze that has led to the shutdown of the 60-year-old agency and its operations, pending further hearings on the employees’ lawsuit.

Nichols emphasized during the earlier hearing that his order was not a judgment on the employees’ request to reverse the administration’s swift actions to dismantle USAID. “CLOSE IT DOWN,” Trump proclaimed on social media regarding USAID prior to the judge’s decision.

The American Foreign Service Association and the American Federation of Government Employees argue that Trump does not possess the authority to shut down the agency without Congressional approval, a viewpoint shared by Democratic lawmakers.

On the same day, the Trump administration moved rapidly to erase USAID’s name, with workers using a crane to scrub the agency’s name from its Washington headquarters' stone facade. Signage was covered with duct tape, USAID flags were removed, and a bouquet of flowers was placed outside the entrance.

The Trump administration and Musk, who leads a budget-cuts initiative dubbed the Department of Government Efficiency, have focused on USAID as their primary target in an unprecedented challenge to the federal government and its programs. Administration officials and Musk's teams have nearly halted all funding to the agency, disrupting aid and development programs globally.

They have placed staff and contractors on leave, barred them from accessing the agency’s emails and other systems, and, according to Democratic lawmakers, reportedly removed USAID's computer servers.

 

“This is a complete dismantling of nearly all the personnel of an entire agency,” stated Karla Gilbride, the attorney representing the employee associations, to the judge. Justice Department attorney Brett Shumate maintained that the administration has the legal authority to place agency staff on leave, asserting, “The government does this every day across the board. That’s what’s occurring here. It’s just a large number.”

The ruling marks another legal defeat for the Trump administration, which has faced judicial pauses on policies aimed at incentivizing federal workers to resign and altering birthright citizenship for those born in the U.S. to unauthorized immigrants.

Earlier in the day, a group of six USAID officials countered Secretary of State Marco Rubio's claims that vital life-saving programs abroad were receiving waivers to continue funding, stating that none were, in fact, receiving them.

Among the programs reported as not receiving waivers were $450 million worth of food from U.S. farmers, sufficient to feed 36 million people, which has not been funded or delivered; and water supplies for 1.6 million people displaced by conflict in Sudan’s Darfur region, which were being withheld without funds allocated for fuel to operate water pumps in the challenging desert conditions.

The judge’s order concerns the Trump administration’s recent directive to remove nearly all USAID workers from their jobs and fields worldwide. Trump and congressional Republicans have suggested consolidating a significantly reduced number of aid and development programs under the State Department.

Within the State Department, employees have expressed concerns about major staff reductions following the deadline for the Trump administration’s financial incentives for federal workers to resign, according to anonymous officials who fear retaliation. A judge has temporarily blocked that incentive offer and scheduled a hearing for Monday.

Earlier in the week, the administration had mandated that almost all USAID staff stationed abroad had 30 days, commencing Friday, to return to the U.S. with the government covering their travel and relocation costs. Diplomats at embassies sought extensions for some staff, especially families needing more time to relocate their children midacademic year.

In a notice on the USAID website late Thursday, the agency clarified that none of the overseas personnel placed on leave would be compelled to exit the countries where they were working.

However, it indicated that those opting to remain beyond the 30 days might have to bear their own expenses unless they received a specific hardship waiver. Rubio stated during a trip to the Dominican Republic on Thursday that the government would assist workers in getting home within 30 days “if they so desired” and affirmed that it would consider special cases.

He reiterated that the administration's actions were necessary to ensure cooperation, alleging that staffers were working “to sneak through payments and push through payments despite the stop order” on foreign assistance.

Agency workers, however, denied his allegations of obstruction. Rubio asserted that the U.S. government would continue to provide foreign aid, “but it will be aid that makes sense and aligns with our national interests.”

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