Shutdown RIF Update: Interior’s Numbers, TRO Expansion, and What Comes Next

Federal employees, here’s where things stand in the AFGE/AFSCME case that’s temporarily blocking shutdown-related RIFs. As of this week, the Department of the Interior has disclosed the largest planned cuts yet, while the court continues to expand its protective order to cover more workers.

Interior told the court it had planned to abolish 2,050 positions across 89 competitive areas affecting roughly 14,000 employees, including about 4,800 union members. The agency emphasized that its RIF planning began before the shutdown—an attempt to argue the TRO shouldn’t apply. The lists span multiple bureaus, from the National Park Service’s Denver Service Center (40 positions) and the Southeast Region (69) to the Bureau of Land Management’s California Office (76) and smaller offices within the Bureau of Reclamation, USGS, and FWS.

Commerce and HHS Adjust Their RIF Counts

The Department of Commerce issued a small correction: 281, not 282, RIF notices were sent—102 of them affecting active Census Bureau employees. HHS, through the CDC, reported further rescissions, lowering its current RIF notice total to 954. The CDC also noted that its AFGE bargaining units were terminated under a recent executive order, a move that could complicate who’s covered by the court’s protections.

What the Expanded TRO Means

Judge Susan Illston’s Temporary Restraining Order remains in effect and was broadened on Friday to include five national unions—AFGE, AFSCME, NFFE, SEIU, and NAGE. For now, that means agencies cannot issue or enforce RIFs within any program, project, or activity that includes bargaining-unit employees represented by these unions. The “clock” on existing RIF notices in covered areas is paused.

Outside those units, however, agencies are still drafting plans. That’s created a gray zone—one where “planning” may be technically legal but deeply unsettling to the workforce. From a legal standpoint, a TRO halts implementation, not necessarily internal preparation. But from a morale and trust standpoint, ongoing RIF planning during a shutdown risks violating the spirit of the court’s order.

What’s Next in Court

The next major step is the preliminary injunction hearing on October 28 in San Francisco. Before then, the plaintiffs file their opening brief on October 21, the government responds October 24, and the reply is due October 27 by 3 p.m. Pacific. That hearing will determine whether the TRO’s protections become long-term.

Practical Steps for Employees

If you’ve received a notice or suspect your position is listed in Interior’s or another agency’s filings:

• Read every line of your RIF notice.

• Ask HR—in writing—for your retention-register data.

• Confirm your veterans’ preference and performance ratings.

• Identify your bump/retreat rights, reassignment options, and CTAP eligibility.

• Document everything.

Procedural errors can become the foundation of a successful appeal before the MSPB or through union channels.

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.