USDA Relocation Freeze Holds: Judge Refuses to Lift His Stay, but the Protection Could Expire December 11

The USDA relocation freeze is still in place. Judge Vince Chhabria, who barred USDA from issuing or enforcing relocation notices tied to its reorganization, has refused to lift his own order while the government appeals. The catch is that the protection behind the freeze could run out on December 11. Here is what happened and what USDA employees should keep in mind.

How the Freeze Got Here

On October 13, Judge Chhabria barred USDA from issuing or enforcing relocation notices tied to the reorganization. According to Government Executive’s November 6 reporting, on October 28 the Natural Resources Conservation Service (NRCS) sent new relocation letters to at least two employees anyway. The groups suing USDA demanded that the letters be pulled, and USDA issued “corrected” notices. Meanwhile, Secretary Brooke Rollins told reporters that USDA is “full-bore ahead” on the reorganization.

Why the Judge Said No

The Justice Department then asked the judge to pause his own order during the appeal, arguing that the order “significantly hinders” USDA operations. The plaintiffs responded that USDA waited more than two weeks to claim an emergency, and that the order already allows voluntary moves unrelated to the reorganization. The judge denied the request and told the parties to work out a narrow clarification instead. So far, the Ninth Circuit has left the freeze in place.

It is worth being precise about what the order does and does not cover. It bars relocation notices tied to the reorganization. It still allows D.C.-area moves within the region and voluntary moves unrelated to the reorganization.

The December 11 Catch

The freeze rests on a spending-bill ban on funding this reorganization, and that ban is set to expire on December 11. The judge himself warned that this protection could be short-lived. Whether the ban is carried into the next funding bill is a decision for Congress.

What USDA Employees Can Do Now

• Keep every notice. If you received a relocation letter, save the original and any “corrected” version, along with the dates you received them.
• Ask questions in writing. If you are unsure whether a notice is covered by the order, ask your agency in writing and keep the response.
• Keep your own records. Store copies in a private file outside government systems.
• Watch December 11. The situation could change quickly if the spending-bill ban is not extended.

What to Do Next

We will keep tracking what agencies tell judges against what they actually do. USDA employees, we would also like to hear from you: what are you seeing on the ground? 

If you have questions about your own situation, Southworth PC represents federal employees nationwide and worldwide.

Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation. You can contact Southworth PC at attorneysforfederalemployees.com.