PSJD News Digest – January 25, 2025

January 24, 2025 at 3:57 pm · Filed under Public Interest Law News Bulletin

Sam Halpert, NALP Director of Public Service Initiatives

Photo: Harris and Ewing Collection, Library of Congress

Hello, interested public!

The biggest public service news this week concerns sweeping actions taken by the new Presidential administration via Executive Order. A number of executive actions have profound implications for hiring and recruitment news, including an order “Ending Radical and Wasteful Government DEI Programs and Preferencing” (w/accompanying OPM Guidance) and OPM guidance directing agencies to “identify all employees on probationary periods, who have served less than a year in a competitive service appointment, or who have served less than two years in an excepted service appointment[] and send a report to OPM listing all such employees,” and noting that “[e]mployees on probationary periods can be terminated during that period without triggering appeal rights to the Merit Systems Protection Board (MSPB).“

Having called your attention to these two already, I want to focus on the policy that seems to have created the most immediate concern and uncertainty for our community: the new federal “hiring freeze”. To help you think through this issue I have curated the following resources and breaking news into a narrative for you. You’ll find some news on other topics of concern this week further down in the Digest.

Solidarity,

Sam

Editorial Focus: The 2025 Federal “Hiring Freeze”

Authority (Written, Public):

On 20 Jan, Pres. Trump issued a Presidential Action titled “Hiring Freeze”. In this action, he ordered “a freeze on the hiring of Federal civilian employees[; …] no Federal civilian position that is vacant at noon on January 20, 2025, may be filled, and no new position may be created except as otherwise provided for in this memorandum or other applicable law.” [emphasis added] In a 20 Jan memo providing guidance on this order, the acting directors of OMB and OPM clarified that the freeze encompasses “all types of Federal civilian appointments, regardless of the length of the appointment.” [emphasis added]

Historical Context: The 2017 Hiring Freeze – Similarities and Key Differences

These documents appear to broadly mirror similar action taken by the first Trump administration in January 2017.1 (Government Executive discussed the long-term impacts of that policy on 20 Jan.) Importantly, as in 2017 the current “freeze” also includes guidance directing agencies to revoke employment offers to hires that do not have a scheduled start prior to a specific deadline (in 2025, the relevant cutoff is 8 Feb).

However, two things seem notably different this time: (1) 2025 OPM/OMB guidance was issued the same day as the Presidential Action and (2) the 2025 Guidance includes clearer lines of communication for agency staff with further questions.2 While in 2017 we saw a slight thawing of the hiring freeze after a week of confusion (between the Presidential announcement and the agency guidance), these differences suggest that agencies implementing this hiring freeze in its initial days already have the information they need. Without confusion, evidence is emerging that they are acting more broadly than they did under the first Trump administration under similar (written, public) directions.

Happening Now

Initial (Anonymous) Reports of Rescinded Paid Internship Offers Suggest Broad Application of OMB/OPM Guidance 

Anonymously in social media posts on 22 Jan and 23 Jan, some people shared that their pathways internships have been revoked as a result of this freeze. These reports, if credible, suggest that some agencies are interpreting this order very broadly. (According to OMB/OPM’s 20 Jan guidance, “[a]ppointments made prior to January 20, 2025, under the Pathways Internship…program [are permitted an exemption to the Federal civilian hiring freeze].”) 

Additional (Unattributed) Reports of Rescinded Unpaid Internship Offers Suggest Freeze Action Broader than Directed 

I’ve also heard some reports on background that agencies are shuttering their unpaid internship programs. Unpaid interns are not typically understood as either “federal employees” (under federal statute)3 or “federal appointees” (under OPM policy).4 It seems that some agencies are freezing hiring for volunteer placements that do not appear directly implicated by the written policies that instigated the freeze.

Potential Next Steps

I’ve heard from some people that applicants and recent hires have been attempting to contact agencies for more information. It’s worth noting that Government Executive reported on 22 Jan that “[OPM and OMB said] any correspondence with prospective applicants must cease” (it’s difficult to say whether these instructions include applicants at all stages of the hiring process or prospective hires; I wasn’t able to find a publicly available source for this language).

Under the circumstances, applicants and prospective hires for federal positions may want to consider reaching out to their congressional representative with a constituent service request asking for help getting clarity about their specific circumstances. The Congressional Research Service’s coverage of constituent services suggests that while no congressmember is obligated to mediate with federal agencies to help constituents answer questions (see CRS IF10503), “[c]ommon requests for [constituent services] casework involve…obtaining a missing record…from a government agency” (CRS R44726). Further, CRS provides congressmembers with sample language suggesting they inform constituents that “[a]lthough we cannot force an agency to expedite your case or act in your favor, we can frequently intervene to facilitate the processes involved, encourage an agency to give your case consideration, and sometimes advocate for a favorable outcome” (CRS RL33209) (I wouldn’t suggest that “a favorable outcome” here could be that a position would be reinstated, but an agency might be urged to discuss an individual’s case in greater detail, apply to OPM for an exemption from the hiring freeze policy, or reconsider its latitude under existing rules.)

Other News

Student Loans & Student Debt

Non-Profit & Government Management & Hiring

Access to Justice – Civil & Economic

Access to Justice – Criminal