AFSA NEWS 62 MARCH-APRIL 2026 | THE FOREIGN SERVICE JOURNAL The government appealed aspects of the district court’s PI order but later withdrew its appeal. When the government subsequently indicated that it would not rescind Foreign Service RIF notices at the State Department as it did not believe the PI required it, plaintiffs requested an urgent conference with the judge. Plaintiffs argued that the CR required the department to rescind, not simply halt, the RIF notices. The judge, however, indicated that she did not agree with this interpretation. This case is ongoing. AFGE et al. v. Trump Another major case involves the administration’s actions affecting the U.S. Agency for International Development (USAID), an institution created by Congress in 1961 and central to U.S. development and humanitarian policy. In this lawsuit, AFSA joined AFGE and Oxfam America to challenge what they argue is an unlawful effort to dismantle USAID through executive action. Early in the case, the court issued a temporary restraining order blocking mass administrative leave and forced evacuations of USAID personnel overseas, providing short-term relief while the court considered broader claims. That temporary protection was later lifted when the court declined to issue a preliminary injunction, but the litigation continued on the merits. After months of briefing, the district court dismissed the case in July. The plaintiffs have appealed that decision, and as of January 2026, the case is before the U.S. Court of Appeals for the D.C. Circuit. AFSA and the other appellants filed their opening brief on November 26, 2025, asking the court to revive the case and allow it to proceed. As of this writing, an oral argument has not yet been scheduled. Widakuswara et al. v. Lake Concurrently, AFSA remains deeply involved in litigation challenging the shutdown of the U.S. Agency for Global Media (USAGM) and the removal of personnel (from Voice of America in particular) without due process. That case began on March 21, 2025, when plaintiffs filed a complaint in federal court, resulting in an eventual temporary restraining order that blocked efforts to reduce USAGM’s workforce, terminate grants, and curtail overseas operations. After the case was transferred to Washington, D.C., the district court issued a broad preliminary injunction requiring the restoration of personnel, funding, and programming to ensure that U.S. international broadcasting could continue to fulfill its statutory mission. The government appealed immediately, resulting in a series of stays and partial stays as the appellate court weighed which aspects of the injunction should remain in effect during the appeal. The case has since moved forward on two parallel tracks. In Legal Actions Continued from page 55 the court of appeals, briefing is complete and oral arguments were held in September 2025, with a decision still pending. In the district court, proceedings have continued regarding the government’s compliance with portions of the injunction, including an order temporarily blocking further reductions in force at USAGM. Since September 2025, the court has required the government to provide more information, allowed the plaintiffs to gather additional evidence, and permitted the case to move forward with new claims, as disagreements over compliance with the preliminary injunction and efforts to change it continued through the end of the year. The defendants started the year off by filing a reply in support of their motion to dissolve or modify part of the preliminary injunction. The final ruling on this motion is pending. Defendants most recently (January 12) filed their opposition to plaintiffs’ partial motion for summary judgment as well as their own cross motion for partial summary judgment on the merits. AFSA v. Trump et al. AFSA is also pursuing litigation on behalf of its members to protect collective bargaining rights across the Foreign Service. That case challenges an executive order that revoked collective bargaining rights at the Department of State and USAID. In May 2025, the district court ruled in AFSA’s favor and issued a preliminary injunction. That ruling temporarily restored bargaining protections, but the government appealed, after which the district court stayed the case pending resolution of the preliminary injunction by the court of appeals. Since then, the litigation has continued both at the district court level, where AFSA has moved for summary judgment, and in the appellate court, where judges heard oral arguments in December 2025 on whether the injunction should be vacated (even though it is stayed). The appeals court also requested additional briefing on jurisdictional issues, with filings due in early January 2026. w Each of these cases is moving on its own timeline. Some have already produced tangible results, such as temporarily stopping unlawful separations and the immediate dismantling of key institutions. Others now rest with appellate courts, where decisions may take months but could establish lasting precedents. As these cases continue to unfold, AFSA will keep members informed and will remain engaged in defending the integrity and effectiveness of the Foreign Service. For detailed timelines with key dates pertaining to each case, visit https://afsa.org/afsa-lawsuit-tracker. n
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