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Fired fed workers won their jobs back, but many linger in ‘administrative leave’ limbo

Democratic U.S. Rep. Glenn Ivey of Maryland speaks at a rally in support of federal workers outside the U.S. Department of Health and Human Services in Washington, D.C., on Wednesday, Feb. 19, 2025. (Photo by Ashley Murray/States Newsroom)

Democratic U.S. Rep. Glenn Ivey of Maryland speaks at a rally in support of federal workers outside the U.S. Department of Health and Human Services in Washington, D.C., on Wednesday, Feb. 19, 2025. (Photo by Ashley Murray/States Newsroom)

WASHINGTON — The Trump administration has begun the process of reinstating tens of thousands of fired federal workers, though most are just being placed on administrative leave as the government cites the “burdens” of rehiring, court filings reviewed by States Newsroom show.

The documents also show, agency by agency, the wide swath of firings that swept across the federal government in February and early March.

A federal judge in Maryland last week ruled the recent terminations of probationary employees were illegal and ordered the administration to reinstate the workers across 18 federal agencies by 1 p.m. Eastern Monday. Nineteen Democratic attorneys general and the District of Columbia sued the administration over the firings.

The mass firings began in early February as part of President Donald Trump’s U.S. DOGE Service cost-cutting agenda. Elon Musk, a White House adviser and top donor to Trump’s reelection, is the face of the temporary DOGE project, though the administration maintains he has no decision-making power.

According to the court filings late Monday, the agencies have returned almost 19,000 employees to administrative leave out of the 24,418 fired. The filings provided the most comprehensive list to date of the federal workforce downsizing that spanned February into March.

Judge James Bredar of the U.S. District Court for the District of Maryland ordered the agencies on Tuesday to provide a progress update by early next week. Bredar was appointed by former President Barack Obama in 2010 and confirmed by a Senate voice vote.

The lawsuit was filed March 6 by Democratic attorneys general in Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Wisconsin.

Workers on leave, some ‘until further notice’

Some agencies, like the departments of Commerce and Transportation, indicated that employees would only be on paid administrative leave temporarily until paperwork and other procedures were finished.

Others, including the U.S. Agency for International Development, have given employees paid administrative leave status “until further notice.”

The government argued that reinstating the terminated employees to full duty status “would impose substantial burdens” on the agencies and cause “turmoil for the terminated employees”

“[T]hey would have to be onboarded again, including going through any applicable training, filling out human resources paperwork, obtaining new security badges, reinstituting applicable security clearance actions, receiving government furnished equipment, and other requisite administrative actions,” according to the filings from several department representatives.

But “nonetheless,” the agency representatives said they began complying with Bredar’s order even as the cancellation of terminations was a “very time and labor intensive process,” wrote Mark D. Green, deputy assistant secretary for human capital, learning and safety at the Department of the Interior.

“The tremendous uncertainty associated with this confusion and these administrative burdens impede supervisors from appropriately managing their workforce. Work schedules and assignments are effectively being tied to hearing and briefing schedules set by the courts. It will be extremely difficult to assign new work to reinstated individuals in light of the uncertainty over their future status,” Green continued in his legal declaration required by Judge Bredar.

The agency representatives also wrote “employees could be subjected to multiple changes in their employment status in a matter of weeks” if an appellate ruling reverses the lower court order.

The Trump administration appealed the district court ruling Friday to the 4th Circuit Court of Appeals.

California judge issues warning

The March 13 temporary restraining order out of Maryland was the second on that date mandating agencies rehire terminated workers. A federal judge in California separately ordered the government to reinstate thousands of employees at six federal agencies.

District Judge William Alsup in the Northern District of California warned in a court filing late Monday that the agencies must comply by fully returning employees to their jobs.

“The Court has read news reports that, in at least one agency, probationary employees are being rehired but then placed on administrative leave en masse. This is not allowed by the preliminary injunction, for it would not restore the services the preliminary injunction intends to restore,” Alsup wrote, requesting a status report Tuesday. Alsup was appointed by former President Bill Clinton in 1999 and confirmed by a Senate voice vote.

The Trump administration quickly appealed the California ruling last week to the U.S. Appeals Court for the 9th Circuit.

A three-judge panel for the 9th Circuit Monday ruled 2-1 to deny the Trump administration’s emergency request to block the workers’ reinstatement.

Employees new on the job

Probationary employees were targeted by the Office of Personnel Management on the first day of Trump’s second presidency, according to court documents.

The employees, who are within one or two years of being hired or beginning a new position, have “extremely limited protections against termination,” agency representatives wrote.

The Office of Personnel and Management sent emails Jan. 20 to department heads stating that “agencies should identify all employees on probationary periods” and “should promptly determine whether those employees should be retained at the agency,” according to the court filing.

Agency by agency list

Department and agency representatives detailed the following termination numbers in the Monday filings (not all agencies provided total numbers of probationary employees):

  • Health and Human Services: 3,248 of its 8,466 probationary workers were placed on administrative leave between Feb. 15 and March 13 (and remain on extended leave); 88 were subsequently fired and placed back on leave as of Monday.

  • Environmental Protection Agency: 419 probationary employees were terminated between Feb. 14 and Feb. 21. “Most” were returned to paid administrative leave Monday. Some who were in “unpaid leave status” were returned to that status.

  • Energy: 555 were terminated “on or around” Feb. 13 and Feb 14. All 555 were returned Monday to retroactive administrative leave status “that will continue until their badging and IT access are restored, at which time they will be converted to an Active Duty status.”

  • Commerce: 791 of the agency’s roughly 9,000 probationary employees were terminated up until March 3. Twenty-seven were reinstated soon after, and 764 were placed back on paid administrative leave Monday. The agency plans to move them to full duty status within a week, according to the filing.

  • Homeland Security: 313 employees were terminated through March 14. With a few exceptions of employees who resigned or declined to return, DHS placed 310 back on paid administrative leave.

  • Transportation: 788 employees were terminated between Feb. 14 and Feb. 24. DOT informed 775 that they’ve been placed on paid administrative leave until Wednesday. “The Department of Transportation will coordinate the specifics of their return, including the restoration of their government equipment and Personal Identity Verification (PIV) card,” according to the filing.

  • Education: Without providing specific dates, the department terminated 65 of its 108 probationary employees before Judge Bredar’s March 13 order. All have now been placed on paid administrative leave.

  • Housing and Urban Development: The agency terminated 312 of its 549 probationary employees on Feb. 14. About 299 are being brought back “temporarily” on administrative leave.

  • Interior: As of Monday night, Interior had reinstated roughly 1,540 of the 1,710 workers fired on Feb. 14.

  • Labor: 170 were terminated but reinstated before March 7.

  • Consumer Financial Protection Bureau: 117 employees were terminated between Feb. 11 and Feb. 13. All were notified Sunday that they “will be immediately placed on administrative leave status while the CFPB continues to act to comply with the TRO and/or employees are to be assigned work by management/supervisors,” according to the filing.

  • Small Business Administration: 304 of the SBA’s 700 probationary employees were terminated between Feb. 11 and Feb. 25. The agency was unable to notify seven employees about reinstatement. Roughly 164 were returned to non-pay intermittent status, while the rest were returned to paid administrative leave.

  • Federal Deposit Insurance Corporation: 156 of its 261 probationary employees were terminated between Feb. 18 and 19; 151 were placed on paid administrative leave as of Monday.

  • USAID: 270 of the agency’s 295 probationary employees were fired March 7. All have been reinstated to paid administrative leave.

  • General Services Administration: 366 of its 812 probationary employees were terminated between Feb. 13 and March 7. While two declined reinstatement, 364 were placed Monday on paid administrative leave.

  • Treasury: 7,605 of Treasury’s 16,663 probationary employees were fired between Feb. 19 and March 7. All have been reinstated to paid administrative leave status.

  • Agriculture: 5,714 probationary employees were terminated between Feb. 13 and 17. The department is “working diligently” to restore employees to active duty status, according to the filing. The employees have been returned to paid or unpaid leave as of March 12.

  • Veterans Affairs: 1,683 of the VA’s roughly 46,000 probationary employees were terminated between Feb. 13 to 24. All were placed on paid administrative leave.

USAID ruling

In a separate case against Trump and DOGE’s workforce-slashing agenda, a federal judge in Maryland on Tuesday ruled Musk likely violated the Constitution when orchestrating the shutdown of the U.S. Agency for International Development, or USAID.

Judge Theodore David Chuang for the U.S. District Court in the District of Maryland demanded Musk and any personnel working for DOGE refrain from any further action related to dismantling USAID.

Chuang also ordered Musk and DOGE to reinstate computer and email access for all current USAID employees and contractors within seven days. Additionally, he ordered Musk and DOGE to strike an agreement within 14 days that would reopen the former USAID headquarters in Washington, D.C.

Musk’s DOGE personnel forced their way into the humanitarian agency’s headquarters in early February ahead of the mass firings.

The shuttering of U.S. humanitarian missions around the world sparked protests in the nation’s capital.

Chuang, an Obama appointee, was approved by the Senate in 2014 in a 53-42 vote.

The White House slammed the court order Tuesday, alleging that “rogue judges are subverting the will of the American people in their attempts to stop President Trump from carrying out his agenda.”

“If these Judges want to force their partisan ideologies across the government, they should run for office themselves. The Trump Administration will appeal this miscarriage of justice and fight back against all activist judges intruding on the separation of powers,” said White House spokesperson Anna Kelly in an emailed statement.

Earlier Tuesday, U.S. Supreme Court Chief Justice John Roberts issued a rare statement following Trump’s morning social media attack on federal judges, calling for their impeachment.

“For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision,” Roberts said. “The normal appellate review process exists for that purpose.”

Trump signs stopgap spending bill into law, following U.S. Senate passage

U.S. Capitol at sunset on March 8, 2024. (Photo by Jennifer Shutt/States Newsroom)

U.S. Capitol at sunset on March 8, 2024. (Photo by Jennifer Shutt/States Newsroom)

WASHINGTON — The U.S. Senate cleared a stopgap spending bill Friday that will fund the government through the end of September, sending the legislation to President Donald Trump.

The White House said on Saturday afternoon that Trump had signed the measure, avoiding a partial government shutdown. 

Trump’s signature, a day after the 54-46 Senate vote, will keep the federal government mostly running on autopilot under spending levels and policy similar to what Congress approved about a year ago when lawmakers passed the full-year appropriations bills for the last fiscal year. But the stopgap bill does slightly boost defense spending while reducing domestic funding authority.

Kentucky Sen. Rand Paul was the only Republican to vote against passage. Maine independent Sen. Angus King and New Hampshire Democratic Sen. Jeanne Shaheen voted to approve the bill, the only ones backing it besides Republicans. 

Senate approval followed days of debate among Democrats over whether to support moving forward with the GOP-authored bill or see a shutdown begin that Minority Leader Chuck Schumer said would allow Trump to take even more power over the government.

Debate on the House-passed stopgap spending bill was more complex than usual. A majority of Senate Democrats believe the continuing resolution shortchanges important federal programs and doesn’t do enough to reinforce Congress’ constitutional authority over spending in light of Trump’s efforts to remake the size and scope of the federal government.

Many of those actions are on hold as dozens of lawsuits move through the federal court system. But Democrats who opposed the bill felt that lawmakers must make their voices heard as well.

Other Democrats argued a partial government shutdown would give Trump more leeway to make funding decisions and further harm federal workers.

Republicans largely supported the stopgap spending bill. However, many lamented that the House and Senate didn’t do more to reach agreement on the dozen full-year government funding bills.

‘Inherently a failure

Senate Appropriations Chairwoman Susan Collins, R-Maine, said the stopgap spending bill wasn’t her first choice for funding the government, but that it was the only option on the table to prevent a funding lapse.

“Government shutdowns are inherently a failure to govern effectively and have negative consequences all across government,” Collins said. “They inevitably require certain government employees — such as Border Patrol agents, members of our military and Coast Guard, TSA screeners and air traffic controllers — to report to work with no certainty at all on when they will receive their next paycheck.”

Washington state Democratic Sen. Patty Murray, ranking member on the Appropriations panel, rebuked House Republican leaders for drafting the stopgap spending bill on their own and then expecting Democratic votes.

“Let me be clear, in my time in Congress, never, ever has one party written partisan full-year appropriations bills for all of government and expected the other party to go along without any input,” Murray said.

The stopgap spending bill, she said, cuts overall spending on domestic programs, a choice Democrats never would have agreed to had GOP leaders tried to negotiate with them.

“We are talking about a nearly 50% cut to life-saving medical research into conditions affecting our service members,” Murray said. “It is a giant shortfall in funding for NIH. It is a massive cut in funding for Army Corps projects and $15 billion less for our domestic priorities.”

“This bill will force Social Security to cut staff and close offices and make it harder for our seniors to get the benefits they spent their careers paying into the system to earn,” Murray added. “It creates a devastating shortfall that risks tens of thousands of Americans losing their housing. So this bill causes real pain for communities across the country.”

Murray also criticized House Republicans for releasing their stopgap spending bill just days before the deadline and then leaving for a recess right after voting to send the measure to the Senate. The move prevented the Senate from amending the CR in any way if Congress wanted to avoid a shutdown.

The Senate voted to reject amendments from Oregon Democratic Sen. Jeff Merkley, Illinois Democratic Sen. Tammy Duckworth, Maryland Democratic Sen. Chris Van Hollen and Paul before approving the bill.

Schumer’s decision

Schumer said he voted to limit debate to avoid giving Trump, Elon Musk and U.S. DOGE Service the authority to determine which federal employees would have been exempt from the effects of a shutdown and which would have essentially been furloughed. Under federal law, both categories of federal workers receive back pay once the shutdown ends.

“In a shutdown, Donald Trump and DOGE will have the power to determine what is considered essential and what is not — and their views on what is not essential would be mean and vicious and would decimate vital services and cause unimaginable harm to the American people,” Schumer said.

The Democrats who voted to advance the stopgap spending bill, Schumer said, wanted to keep attention on Trump’s actions as president and not divert focus to the wide-reaching repercussions of shutting down the government.

“A shutdown will be a costly distraction from this all important fight,” Schumer said.

The stopgap spending bill, he noted, doesn’t change the Constitution or the laws that say Congress controls spending and that the president must implement those laws.

“The CR does not change the underlying law, making the Trump administration’s impoundments and mass firings illegal,” Schumer said. “Nothing in the CR changes the Impoundment Control Act, the foundation of Congress’ appropriations authority. And the authorization laws that require USAID and other agencies to exist and to operate the programs Congress has assigned to them. Nothing changes Title 5, governing the civil service, the Administrative Procedures Act and so on.”

Senate rules require at least 60 lawmakers vote to cut off debate on a bill. The GOP holds 53 seats at the moment and needed Democratic buy-in to proceed with regular bills. That procedural vote was 62-38.

Democratic Sens. Catherine Cortez Masto of Nevada, Dick Durbin of Illinois, John Fetterman of Pennsylvania, Kirsten Gillibrand of New York, Maggie Hassan of New Hampshire, Gary Peters of Michigan, Brian Schatz of Hawaii, King, Schumer and Shaheen voted to limit debate.

Delays on spending bills

Congress was supposed to draft, debate and approve the dozen annual appropriations bills by the start of this fiscal year on Oct. 1, nearly six months ago.

The bills fund the departments of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Justice, Labor, State, Transportation, Treasury and Veterans’ Affairs.

They also provide funding for Congress, the Supreme Court and numerous smaller agencies, like NASA and the National Science Foundation.

The House Appropriations Committee approved all 12 of its bills on party-line votes and the House was able to pass five of those across the floor last summer without broad Democratic support.

The Senate panel approved 11 of the bills in July and August with broadly bipartisan votes, but none of the measures came up on the floor for debate.

The House and Senate have regularly negotiated final versions of the spending bills, even if they didn’t receive floor approval, and could have begun that conference process in September, or even during their August recess.

But congressional leaders opted to focus their attention on the November elections and used a stopgap spending bill to keep the government running through mid-December, an expected and rather predictable move.

After Republicans won unified control of government, Congress used a second continuing resolution to keep the government funded through March 14. GOP leaders and Trump wanted to hold over negotiations on the full-year bills until they were in office.

The leaders of the Appropriations committees spent the last couple months trying to get bipartisan, bicameral agreement on the total spending level for the current fiscal year. But that ended this weekend when House Republicans released a stopgap spending bill to fund the government through September.

The House voted 217-213 on Tuesday to send the continuing resolution to the Senate. Kentucky Rep. Thomas Massie was the only GOP lawmaker to vote against it and Maine Rep. Jared Golden was the only Democratic member to support the bill in that chamber.

‘Congratulations to Chuck Schumer’

Trump had said he would sign the stopgap spending bill, according to a Statement of Administration Policy issued Tuesday.

“H.R. 1968 includes a focused set of critical funding anomalies to ensure the Administration can carry out important programs and fulfill its obligations, including veterans’ healthcare and benefits, pay raises for junior enlisted servicemembers, operations of our air traffic control system, along with nutrition and housing programs,” the SAP states. 

“The bill also provides the Department of Defense with the resources and flexibility necessary to align funding to current priorities in consultation with the Congress and responds to emerging threats by allowing for ‘new starts,’ including other key provisions.”

Trump took to social media ahead of the procedural vote to thank Schumer for announcing he’d vote to limit debate.

“Congratulations to Chuck Schumer for doing the right thing — Took ‘guts’ and courage! The big Tax Cuts, L.A. fire fix, Debt Ceiling Bill, and so much more, is coming. We should all work together on that very dangerous situation,” Trump wrote. “A non pass would be a Country destroyer, approval will lead us to new heights. Again, really good and smart move by Senator Schumer. This could lead to something big for the USA, a whole new direction and beginning! DJT”

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