Case: AFGE, et al. v. Trump, 1:25-cv-00352, (D.D.C.)

AFSA, represented by Public Citizen Litigation Group and Democracy Forward, filed suit challenging the administration’s unlawful dismantling of the United States Agency for International Development—a cornerstone of U.S. foreign policy since its congressional creation in 1961.

State of Play

• February 6: Complaint filed in District Court of Washington, DC.
• February 7: Case assigned to Judge Carl J. Nichols. Plaintiffs filed a motion for a Temporary Restraining Order (TRO). The Judge held a hearing that same day where he granted in part and denied in part Plaintiffs’ TRO.
  • TRO Order: The court will enter a TRO as to the administrative leave and expedited evacuation issues until February 14, 2025 at 11:59 PM. All USAID employees currently on administrative leave shall be reinstated until that date, and shall be given complete access to email, payment, and security notification systems until that date, and no additional employees shall be placed on administrative leave before that date. No USAID employees shall be evacuated from their host countries before February 14, 2025 at 11:59 PM.
• February 13: Plaintiffs filed an amended complaint adding additional plaintiffs. A hearing on preliminary injunction was held. Judge Nichols extended the TRO by one week and amended it as follows:
  • Order: For the reasons discussed at the February 13, 2025 preliminary injunction hearing, the existing temporary restraining order in this case, ECF No. 15, is modified in the following two respects:
    1. 11:59 PM. The TRO is extended by one week, and shall expire on Friday, February 21, 2025.
    2. The TRO’s statement that “[n]o USAID employees shall be evacuated from their host countries” while the TRO is in place is amended to state that “[n]o USAID employees shall be involuntarily evacuated from their host countries” while the TRO is in place.
• February 21: Judge Nichole denied Plaintiffs’ motion for a preliminary injunction.
• March 10: Plaintiffs filed a motion for summary judgment as well as a motion to expedite briefing.
• March 11: Defendants filed an opposition to the motion for expedited briefing.
• March 17: Amici Curiae briefs in support of Plaintiffs filed by Former National Security Officials and Educational Fund Inc., ActionAID USA, Unitarian Universalist Service Committee
• March 31: Amici Curiae brief in support of Plaintiffs filed by Members of Congress
• April 7: Defendants filed a motion to dismiss or in the alternative a motion for summary judgment.

Related Links

• AFSA Statement on Reports of USAID Directive to Destroy Documents
• AFSA Statement on Latest USAID Administrative Leave Notice
• AFSA Files Lawsuit to Halt the Dismantling of USAID’s Foreign Service
• AFSA Statement on Decision to Recall USAID Foreign Service Officers from Overseas
• Statement by AFSA on Decision to Dismantle USAID

Case: Widakuswara, et al. v. Lake, 1:25-cv-01015, (D.D.C.)

AFSA joined other unions, journalists, and federal workers in a suit against the federal government challenging the unlawful shuttering of the United States Agency for Global Media and the removal of all Foreign Service personnel without due process. This unprecedented action threatens press freedom, undercuts congressional authority, and weakens a key U.S. foreign policy tool.

State of Play

• March 24: Complaint filed in Southern District of New York.
• March 26: Order denying Defendants’ motion for extension of time to file response/reply.
• March 27: Written response by Defendants on the merits of the TRO motion due.
• March 28: TRO hearing. Order issued that same day granting TRO.

For the foregoing reasons, Plaintiffs' motion for a temporary restraining order is GRANTED. IT IS HEREBY ORDERED that, pending the hearing and determination of Plaintiffs' motion for a preliminary injunction, Defendants, and those acting in concert with them, are temporarily enjoined from taking any further actions to implement or effectuate the March 14, 2025 Executive Order entitled "Continuing the Reduction of the Federal Bureaucracy" as to USAGM and the March 15, 2025 email issued to all VOA staff, or take any action to reduce USAGM's workforce (whether employees, contractors, or grantees), included but not limited to (i) proceeding with any further attempt to terminate, reduce-in-force, place on leave, or furlough any USAGM employee, or contractor, (ii) terminating (or proceeding with terminating as announced) any USAGM grant or contract or proceeding with terminating any USAGM Personal Services Contractors (PSCs) who received notice after March 14, 2025 that their contract would be terminated, including but not limited to John Doe 3 and John Doe 4 who received notice that their contracts would be terminated on March 31, 2025, or (iii) closing any USAGM office or requiring employees or contractors in overseas offices to return to the United States. SO ORDERED. (Signed by Judge J. Paul Oetken on 3/28/2025) (jca)

• April 2: Defendants submitted a motion to Transfer Venue (from SDNY to DC).
• April 3: Plaintiffs submitted their response to the motion and made a request to set a briefing schedule for the preliminary injunction.
• April 4: Judge Oetken granted the Defendants motion to transfer venue:

For the foregoing reasons, Defendants' motion to transfer venue pursuant to 28 U.S.C. § 1404(a) is GRANTED. Notwithstanding the transfer to the United States District Court for the District of Columbia, the temporary restraining order issued by this Court on March 28, 2025 [redacted] remains in full force and effect unless and until modified, extended, or vacated by the transferee court. [citations redacted] The Clerk of Court is directed to transfer this case to the United States District Court for the District of Columbia. Further, the Clerk shall effectuate the transfer of the case immediately, notwithstanding the seven-day period provided for in Local Rule 83.1, which is hereby waived. SO ORDERED.

The case was received by the District Court for the District of Columbia that same day and assigned case number 1:25-cv-01015.

• April 8: Court ordered the parties file a status report with a proposed briefing schedule.
• April 11: Plaintiffs' filed an emergency motion to clarify the Court's extension of the TRO originally ordered by Judge Oetken in SDNY. An order was issued the same day by Judge Lamberth clarifying that the TRO is in place until Friday, April 18.

Related Links

• AFSA Statement on Court Decision Affirming VOA Independence
• AFSA Statement on the Dismantling of the U.S. Agency for Global Media

Case: AFSA v. Trump, et al., 1:25-cv-01030 (D.D.C.)

AFSA filed suit against the U.S. government following an executive order signed by President Trump that revoked collective bargaining rights for 97% of AFSA’s bargaining unit members. This action undermines critical protections for Foreign Service employees and threatens their ability to serve effectively.

State of Play

• April 7: AFSA filed a complaint in the District Court of Washington, DC. The case has been assigned to Judge Paul L. Friedman.

Related Links

• The American Foreign Service Association Files Lawsuit to Protect Collective Bargaining Rights
• AFSA Statement on Union-Busting Executive Order