A federal judge in Maryland on Wednesday extended a temporary pause in the Trump administration’s efforts to fire probationary workers at more than a dozen federal agencies by five days.
The judge, James K. Bredar of the Federal District Court in Maryland, said he needed more time to determine whether a longer-term halt to the government’s firing of probationary employees should apply to the entire country or be restricted to certain states while the case proceeds.
Nineteen states and the District of Columbia sued the federal government, arguing they were irreparably harmed when the government fired thousands of probationary employees en masse in February, leaving states to face unemployment spikes without warning. Judge Bredar’s order earlier this month called for the workers’ reinstatement.
During a hearing on Wednesday, Judge Bredar said he was wary of issuing a longer halt to the government’s firings that would apply to the entire country when 31 states have decided not to participate in the case. He cited recent criticism that district courts had exceeded their authority in ordering nationwide halts to Trump administration programs. Of the lawsuit’s plaintiffs, all of the attorneys general are Democrats.
Lawyers for the states and Washington, D.C., say that when the administration conducts mass firings, as it did in February, the harm can spill over to other states, even if they are not joining this lawsuit. This is why a preliminary injunction needs to apply to more than just the participants, one of the lawyers, Virginia Anne Williamson with the Maryland Attorney General’s Office, said on Wednesday.
For example, if a preliminary injunction were restricted to the states that brought the lawsuit, the federal government could resume firing probationary employees in Virginia, which is not part of the suit. But in the case of an employee who works in Virginia and lives in Maryland, which is a party in the lawsuit, Maryland suffers from the firings, the suit argues, because it could have to provide support services for its unemployed resident.
“This is murky,” Judge Bredar said on Wednesday, adding that the court “has to wade into the swamp here and figure out if it can’t draft something more restrictive than across the country.”
Judge Bredar’s reinstatement order, issued on March 13, overlaps with court-mandated reinstatements of probationary employees in two other cases.
Many of the agencies have reinstated employees and issued back pay for the time between their firings and the court orders. Most agencies are placing the reinstated employees on administrative leave, which the Trump administration has told the court is part of the process of returning them to their jobs.
The Department of Housing and Urban Development, however, is not providing back pay to the fired workers, said Ashaki Robinson, president of the local American Federation of Government Employees union representing workers at that agency. Ms. Robinson said that could change if Judge Bredar made back pay part of a future order.
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