Judge extends order barring the Trump administration from firing federal
workers during the shutdown
[October 29, 2025]
By JANIE HAR
SAN FRANCISCO (AP) — A federal judge in San Francisco on Tuesday
indefinitely barred the Trump administration from firing federal
employees during the government shutdown, saying that labor unions were
likely to prevail on their claims that the cuts were arbitrary and
politically motivated.
U.S. District Judge Susan Illston granted a preliminary injunction that
bars the firings while a lawsuit challenging them plays out. She had
previously issued a temporary restraining order against the job cuts
that was set to expire Wednesday.
Illston, who was nominated by Democratic President Bill Clinton, has
said she believes the evidence will ultimately show the mass firings
were illegal and in excess of authority.
Federal agencies are enjoined from issuing layoff notices or acting on
notices issued since the government shut down Oct. 1. Illston said that
her order does not apply to notices sent before the shutdown.
The Republican administration has slashed jobs in education, health and
other areas it says are favored by Democrats. The administration has
also said it will not tap roughly $5 billion in contingency funds to
keep benefits through the Supplemental Nutrition Assistance Program,
commonly referred to as SNAP, flowing into November.
The American Federation of Government Employees and other labor unions
have sued to stop the “reductions in force” layoffs, saying the firings
were an abuse of power designed to punish workers and pressure Congress.
“President Trump is using the government shutdown as a pretense to
illegally fire thousands of federal workers – specifically those
employees carrying out programs and policies that the administration
finds objectionable," said AFGE National President Everett Kelley, in a
statement thanking the court.

The White House referred a request for comment to the Office of
Management and Budget, which did not immediately respond.
Lawyers for the government say the district court does not have the
authority to hear personnel challenges, and that Trump has broad
authority to reduce the federal workforce as he pledged to do during the
campaign.
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Air Traffic Controller Claudia Peterfeso distributes leaflets
explaining how the federal government shutdown is impacting air
travel at Detroit Metropolitan Wayne County Airport Tuesday, Oct.
28, 2025, in Romulus, Mich. (AP Photo/Paul Sancya)

“The president was elected on this specific platform," said
Assistant U.S. Attorney Michael Velchik. “The American people
selected someone known above all else for his eloquence in
communicating to employees that you’re fired, this is what they
voted for.”
Trump starred on a long-running reality TV series called “The
Apprentice” in which his signature catchphrase was telling
candidates they were fired.
About 4,100 layoff notices have gone out since Oct. 10, some sent to
work email addresses that furloughed employees are not allowed to
check. Some personnel were called back to work, without pay, to
issue layoff notices to others.
The lawsuit has expanded to include employees represented by
additional labor unions, including the National Treasury Employees
Union, the American Federation of Teachers, and the International
Federation of Professional and Technical Engineers. All Cabinet
departments and two dozen independent agencies are included in the
lawsuit.
Democratic lawmakers are demanding that any deal to reopen the
federal government address expiring health care subsidies that have
made health insurance more affordable for millions of Americans.
They also want any government funding bill to reverse the Medicaid
cuts in Trump’s big tax breaks and spending cuts bill passed this
summer.
Republican House Speaker Mike Johnson has refused to negotiate with
Democrats until they first agree to reopen the government.
This is now the second-longest shutdown in U.S. history.
The longest shutdown occurred during Trump’s first term over his
demands for funds to build the U.S.-Mexico border wall. That one
ended in 2019 after 35 days.
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