Federal RIF Pause: What the TRO Means for You
May 11, 2025On Sunday night, a federal judge issued an emergency temporary restraining order (TRO) halting the Biden administration’s controversial reduction-in-force (RIF) plans that threatened thousands of federal jobs. If you’re a career or probationary federal employee who received—or feared receiving—a layoff notice, you now have a two-week reprieve. But don’t mistake this pause for permanence.
A Legal Line in the Sand: Congress, Not Agencies, Holds the Power
In AFGE v. Trump, U.S. District Judge Susan Illston found that executive agencies cannot unilaterally downsize whole programs or field operations without congressional approval. Her reasoning? Cutting off mine safety inspections, Social Security services, or disaster response—without legislative sign-off—may violate the Constitution’s separation of powers. That argument now forms the legal backbone of the unions’ challenge.
Until at least May 23, federal agencies cannot:
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Issue new RIF notices
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Finalize existing reorganization plans
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Close or consolidate programs tied to the RIF
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Proceed with bump and retreat, priority placement, or voluntary quit incentives
This applies even if you already received a RIF notice, so long as your effective date hasn’t hit. HR must pause.
Protection for Career and Probationary Employees
The TRO protects both career-tenure and probationary employees from RIF-based actions. While separate legal challenges are still pending over the earlier mass probationary firings, this order brings a blanket pause to all layoff activity connected to the ongoing reorganization.
What You Should Do Right Now
If you're directly impacted—or even on edge—by this RIF plan, here's what you can do to regain a sense of control:
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Breathe. The court has frozen new layoffs for now. No new pink slips can land through May 23.
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Preserve Every Document. Save all RIF notices, internal emails, and HR memos. They may become critical evidence in any appeal or legal challenge.
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Don't Resign Prematurely. This pause may expand into a preliminary injunction. If you resign now, you may forfeit your rights and options.
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Share This News. Misinformation spreads fast—especially in turbulent times. Make sure your coworkers know that no new layoffs are currently allowed.
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Stay Informed. Agencies are scrambling behind the scenes. Expect confusion, and don’t take HR's word as gospel. For clear, updated legal guidance, join our newsletter at fedlegalhelp.com/newsletter.
Looking Ahead
Judge Illston set a May 22 briefing deadline, after which she may extend the TRO into a preliminary injunction. Meanwhile, the Department of Justice has already filed an appeal, signaling that this legal standoff is far from over.
While the outcome remains uncertain, this ruling marks the strongest legal resistance yet to mass federal layoffs. As always, we’ll continue tracking every twist—and helping you navigate each turn.
Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.