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Preliminary Injunction Freezes RIF Actions Across Federal Agencies

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On May 23, Judge Susan Illston issued a pivotal preliminary injunction converting her earlier temporary restraining order into a longer-term legal block. This order prohibits all agencies named in the February 2025 executive order from issuing new Reduction in Force (RIF) notices or finalizing any that had already been sent. The administration, signaling its strategic pivot, withdrew its emergency stay request from the Supreme Court and will now argue its case in the Ninth Circuit.

The immediate effect? RIF activity is frozen. Legally and practically, that means agencies must halt layoffs covered by the injunction. Whether that freeze holds for weeks or months depends on how quickly the Ninth Circuit rules.

 

Agencies Are Reacting—Some Already Reversing Course

Early signs suggest agencies are complying. Employees at HHS, NIH, the Interior Department, NSF, and USDA report receiving emails rescinding June 2 RIF letters. Some have even been called back to duty with back pay—an extraordinary reversal reflecting both legal risk and administrative disarray.

Still, the responses vary. Some agencies remain silent. Others have sent unclear or partial updates. As of this writing, the situation remains fluid, and employees need to be proactive.

 

What Every Affected Federal Employee Should Do Today

Even if you haven’t received an update, take action now:

  1. Check Your Government Email Thoroughly
    Look in clutter and junk folders. Agencies often send these messages under pressure, and they can be easy to miss.

  2. Email Your Servicing HR Specialist
    Use a subject line like:
    “Status of RIF Notice Under Court Injunction”
    Ask whether your notice is paused or rescinded in light of the May 23 ruling, and request written confirmation.

  3. Download and Save Every RIF-Related Document
    These materials—original notices, rescission emails, and any correspondence—may be critical evidence in future proceedings.

 

Document, Connect, and Monitor the Ninth Circuit

If you’re in limbo, you’re not alone. One of the most powerful steps you can take is to document your agency’s actions and share updates with peers. Publicly aggregating this information—whether rescinded, paused, or radio silence—helps everyone hold agencies accountable and track trends.

We’ll continue monitoring developments in the Ninth Circuit. When that court issues its first ruling, whether a procedural motion or a merits decision, we’ll provide analysis in plain English.

 

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.

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