Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hi Interested Public,
Welcome to the end of another week. Events continue to unfold at breakneck speed. Highlighted stories this week include reassignments within the federal civil service (DOJ’s Civil Rights Division and the JAG Corps, specifically)–as well as a new DOJ policy expanding the eligibility criteria for temporary immigration judicial appointments. Additional news includes an EO banning collective bargaining at additional federal agencies, a petition from the Florida Attorney General to allow out-of-state attorneys to practice in state government, the possible end of a long-running public defender strike in Massachusetts, and more news which, as always, is covered in the links below.
Solidarity,
“Nonprofits that work with unhoused people, communities of color, and immigrants should be prepared to provide additional resources — such as legal aid, food, and information about civil rights protections — if armed federal forces arrive in their cities to crack down on what President Donald Trump has characterized as rampant crime, D.C. nonprofit leaders said.”
“The president must publish his alternative pay plan by Aug. 31 if he wishes to avert automatic large-scale increases to locality pay under the Federal Employees Pay Comparability Act.”
“The Justice Department civil rights division’s much shrunken career staff is facing new firings, forced reassignments, and demands for summaries of recent work as its leaders hire outside attorneys and redirect the division’s mission. Taken together, the personnel moves reflect the Trump administration ramping up what’s already been a rapid overhaul of the division’s traditional priorities, and come after roughly 75% of career lawyers have left in recent months.”
“Since 2014, the department has allowed only former immigration judges, administrative law judges from other agencies or Justice attorneys with at least 10 years of experience related to immigration law to serve as temporary immigration judges, or TIJs. In its update, to be issued Thursday as a final rule, EOIR called those parameters overly restrictive…The new rule will permit the EOIR director, with Bondi’s approval, “to designate or select any attorney to serve as a TIJ” for six-month stints, though the department did not cap the number of extensions that it may grant. Employees may come to EOIR as detailees from Justice or other agencies, or as newly hired “special government employees.”
Ensuring the temporary judges have immigration law experience no longer “serves EOIR’s interest,” the agency said in the notice.”
“The decision seemingly contradicts the Office of Personnel Management’s guidance not to terminate collective bargaining agreements while litigation challenging the edict progresses, though it was recently amended only to prohibit NTEU contract terminations.”
“President Trump on Thursday signed a new executive order targeting unions at more than half a dozen agencies, again under the auspices of national security…Thursday’s order would ban collective bargaining at the International Trade Administration and the Patent and Trademark Office within the Commerce Department; the National Oceanic and Atmospheric Administration’s National Environmental Satellite, Data and Information Service and the National Weather Service; as well as NASA and the U.S. Agency for Global Media. It states that all these agencies “have as a primary function intelligence, counterintelligence, investigative or national security work.”
“The Justice Department filed an emergency appeal seeking quick intervention to halt lower court decisions that have kept the money flowing, including for global health and HIV and AIDS programs…The justices rebuffed the Trump administration on the issue earlier this year, but the court was divided 5-4. The justices have since sided with the administration in several high-profile cases.”
“Everyone with even a passing knowledge of current events knows that the wave of attacks against nonprofits is coming from a single political party. But instead of directly addressing that fact, the Council of Nonprofits has chosen to uplift the vital role that nonprofits play in communities across the U.S…There are, of course, legitimate legal and strategic reasons for the constraints both organizations have placed on their campaigns…instead of yelling at the people gunning for nonprofit funding, NCN is addressing the ignorance that has put such a large, easy target on the back of the sector in the first place. Cox also pointed out the constraints that tax law and IRS regulations place on the sector’s ability to engage in political speech — constraints that are worth taking seriously given the federal administration’s extreme zeal to go after Trump’s perceived enemies, but have also been overemphasized in their extent, time and again, by risk-averse funders…But without a dedicated, heavily funded and coordinated sector effort not just to acknowledge, but actively name the elephant endangering civil society, efforts to simply assert the facts about nonprofits and the giving world are akin to a lit match in Niagara Falls.”
“Gross joined the teaching faculty of the law school in 2020, but is not tenured. His last day is set for Aug. 7, 2026. It is unclear what the public defender program’s future will be. Bump says that it will continue and conversations are ongoing regarding “the path forward.” Gross says no one has shared any plans with him and that he would expect that, if the program continues, it would take a different form.”
“After the U.S. Department of Education’s Office of Civil Rights announced Friday that George Mason University violated federal civil rights laws due to alleged unlawful hiring and promotion practices, an attorney representing the school’s President Gregory Washington on Monday said those actions didn’t occur and advised him not to apologize for them.”
“Wisconsin’s most recent biennial budget allocated more funding for assistant district attorneys (ADA) in counties across the state, as well as funding for the State Public Defender’s Office…The budget funded 12.5 positions for the State Public Defender’s Office…State Public Defender Jennifer Bias said she initially asked the legislature to fund 52.5 staff and attorney positions, 40 more than what she received.”
“The American Bar Association (ABA) today issued an alert to the public regarding a sharp increase in the number of individuals fraudulently posing as immigration attorneys, often falsely stating they work for reputable legal services organizations, including the ABA, or that they have special relationships with government officials. ”
“Florida Attorney General James Uthmeier on August 24 filed a proposal to allow out-of-state attorneys to temporarily become Florida Bar members practicing in some Florida government offices. Sponsors say the proposal would address staffing shortages and ease barriers for experienced lawyers seeking public service.”
“When Nashville Mayor Freddie O’Connell and the Community Foundation of Middle Tennessee first announced the foundation’s Belonging Fund, both parties made it clear: These donations wouldn't go toward supporting immigration legal services…That’s changing soon. Recently, Axios Nashville reported the donation page for the fund was updated to reflect that actually, funds will be directed to nonprofit organizations and service providers offering immigration-related legal services moving forward[.]”
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hi Interested Public,
Welcome to the end of another week. Two bombshell stories this week, discussed in the “Editor’s Choices” section below. Lots of additional news which, as always, is covered in the links below.
Solidarity,
“The U.S. Justice Department this week ordered states, local governments and non-profits not to use existing federal grant funds to provide legal services to immigrants in the country illegally or who could face deportation, according to an email seen by Reuters and interviews with grantees.” [emphasis added]
“Last month, during the negotiated rulemaking session on the topic, negotiators did not reach a consensus, meaning the department was not bound to the language negotiated by ED and the committee during the session. However, ED did retain a substantial amount of the negotiated rules from those discussions in its formulation of the NPRM…While the department kept many of the rules negotiated by the committee, ED deviated from a few key provisions discussed.”
“President Donald Trump's administration published its new rules to narrow eligibility for the Public Service Loan Forgiveness program on Monday. The public comment period — during which anyone can submit comments on the new regulations to the administration — is officially open through September 17.”
“Teachers, social workers, nurses and other public workers would be cut off from a popular student loan cancellation program if the Trump administration finds their employer engaged in activities with a “substantial illegal purpose,” under a new federal proposal released on Friday…The Education Department took aim at nonprofits or government bodies that work with immigrants and transgender youth, releasing plans to overhaul the Public Service Loan Forgiveness program. Opponents fear the new policy would turn the loan forgiveness benefit into a tool of political retribution.”
“The proposal comes despite a new audit finding 99.5% of the 7,300 fired IRS probationers had received fully successful performance ratings, or no ratings at all.”
“Ordinarily, career government attorneys tend to stick around regardless of who is in charge, but that is not the case this time, according to Steve Nelson, executive consultant The McCormick Group. Nelson said that many who are looking to leave government positions are doing so partly on principle, rather than for pure career advancement…Dan Binstock, also a partner at Garrison, said in an interview that competition is not the only reason some government attorneys are waiting to make a move. In some cases, the goal is to build up experience with the unconventional and shifting style of the new administration in order to supplement their existing government experience with the new skills necessary to navigate the Trump era.”
“The Fifth Circuit Court of Appeals' August 2025 decision that addressed the constitutionality of dual for-cause removal protections for administrative law judges (ALJs) at the National Labor Relations Board (NLRB) has significant implications for the structure and operation of federal agencies, particularly the Occupational Safety and Health Review Commission (OSHRC). The ruling has also prompted renewed scrutiny of similar protections of ALJs at OSHRC.”
“A federal judge in Illinois has dismissed a lawsuit filed by the Trump administration that sought to block the state's workplace privacy law on the grounds that it conflicted with federal immigration enforcement.”
““We write to express our strong opposition to the Department of Education’s (‘the department’) recent action to suspend forgiveness under the Income-Based Repayment (IBR) Program and to demand information on behalf of the millions of student loan borrowers who have been stripped of their ability to access forgiveness for which they are entitled to under law,” the senators wrote in a letter to DOE.”
“Barely weeks after Republicans secured passage of the One Big Beautiful Bill Act, the Economic Policy Innovation Center (EPIC) is calling for a follow-up effort…This comes after a House member announced a working group to explore another bill. The group’s proposals include…eliminating Public Service Loan Forgiveness (PSLF)[.]”
“Specifically, Harvard faces an Equal Employment Opportunity Commission investigation over allegations that it discriminated against white, Asian, male, or heterosexual job applicants and employees.
Regardless of whether the Trump administration is successful in extracting changes at Harvard — both are negotiating over a deal that would resolve several investigations of the university and restore its research funding — its targeting of the university’s hiring practices could have a nationwide chilling effect, observers said. Employers may feel the need to abandon any efforts, even initiatives currently permitted under state and federal laws, that focus on recruiting and retaining diverse workforces.”
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hi Interested Public,
Welcome to the end of another week. Lots of major stories this week: the ABA adopted a resolution condemning the Trump Administration’s threats against lawyers and law firms for choosing clients disfavored by the federal executive. Meanwhile, the Trump Administration issued a new Executive Order placing senior political appointees at the head of all grant award processes. The EPA became the second federal agency to tear up its union contracts, and the head of the IRS, who in his two-month tenure had reversed course on a planned reduction-in-force for the agency, announced his departure. While some private foundations are choosing to spend down their endowments to address the current crisis, a prominent nonprofit (Equal Justice USA) announced it is closing down following the loss of federal grant money–and predicts it will be starting a trend.
As always, these stories and more are in the links below.
Solidarity,
“The rule of law “will not long survive if lawyers and law firms are threatened and punished for doing their jobs and if judges are threatened with punishment for doing their jobs,” the ABA's new resolution said…The ABA said Trump's actions, including executive orders targeting specific firms, have chilled the ability of some public-interest organizations to find lawyers for new matters.” [resolution available here]
“Going forward, all agencies must designate a senior political appointee to be responsible for reviewing grants, at both the announcement and award stages, to ensure they are “consistent with agency priorities and the national interest.” The appointee can include subject matter experts in their reviews when warranted, Trump said…Those reviews should ensure awards are in line with “applicable law, agency priorities and the national interest.” Appointees must not defer to others in making final decisions, Trump ordered, but instead “use their own independent judgment."”
“Equal Justice USA says it lost out on $2.4 million because of the midstream termination of two DOJ grants, part of a larger Trump administration decision to cancel a swath of department grant funding nationwide. The nonprofit, which was founded in 1990 and became an independent organization in 2007, will close down on Friday. Dozens of staff members will be laid off, according to a nonprofit official…Hodge said the ripple effects likely won’t end with them. “I honestly think we’re at the tip of the iceberg,” she said. “I think we made the call early. I think there are a lot of organizations sitting with this question right now. How do they address the taking of their federal dollars? Can they survive if they just cut a number of staff? Will they have to close down?””
“foundations and other grant-making groups have offered emergency grants and other short-term assistance to struggling nonprofits. Some of those initial funds have closed. Other funds have been created or re-opened in recent weeks as philanthropy looks for ways to support groups that have lost federal funding. Rather than just focus on urgent needs, funders like the Boston Foundation and Greater Rochester Health Foundation are now providing money to help grantees consider long-term options like merging with other nonprofits or winding down their operations.”
“an official claimed the continued recognition of unions at EPA would constitute “irreparable harm to national security” at the agency responsible for fighting pollution.”
“IRS has yet to implement widespread layoffs—it has so far only targeted a few hundred employees at specific offices—but as of earlier this year, it was preparing to implement significant reductions in force. Long has taken a softer approach to the workforce since taking office. Earlier this month, the commissioner reversed the RIFs at the Office of Civil Rights and Compliance, as first reported by Federal News Network.”
“Assistant Attorney General Harmeet Dhillon, who helped end the decree, said the dismissal “reopened federal employment opportunities based on merit—not race.””
““Everybody should be at-will employees, quite frankly,” Kupor said during a wide-ranging discussion with Bloomberg News, Bloomberg Law, and Bloomberg Government. “That’s not going to happen, and I know that’s not going to happen, but I think we need to get closer to the point where you can actually, you know, kind of pay for performance and you can manage out people.”” [emphasis added]
“The latest phase of the Trump administration’s offensive against Harvard University is a comprehensive review of the university’s federally funded research programs, and the threat to strip the school’s lucrative portfolio of patents.”
“The Department of Justice wants “substantial monetary sanctions” against a California immigration attorney, marking a dramatic escalation of the Trump administration’s threats to lawyers and law firms taking up cases against the president’s agenda.”
“Student loan borrowers in Connecticut could be eligible for up to $20,000 in credits through the state Student Loan Reimbursement Program, with the new application process launching on Friday. "As far as how many individuals could be assisted—that depends on the amount of everyone's reimbursement. The program currently has a balance of $4.7 million," a spokesperson for Connecticut Office of Higher Education told Newsweek. If the $4.7 million is dived by $20,000, that equals 235 people. However it's unclear whether all applicants will receive the full amount or how many will apply. The payments will be disbursed in installments over four years.”
Conflicts Over Diversity, Equity, Inclusion, and Accessibility
“In her ruling, U.S. District Judge Stephanie Gallagher in Maryland found that the Education Department violated the law when it threatened to cut federal funding from educational institutions that continued with DEI initiatives. The guidance has been on hold since April when three federal judges blocked various portions of the Education Department's anti-DEI measures.”
“The Department of Justice said Tuesday that George Washington University was “deliberately indifferent” toward Jewish students and faculty who said they faced antisemitic harassment and had violated federal civil rights law that bars discrimination based on race and national origin.”
“Democrats on the Senate Judiciary Committee on Thursday implored congressional appropriators to ensure that the federal public defender program has adequate funding for fiscal year 2026 after budget shortfalls.”
“In a 102-page report, the District of Columbia Courts Civil Legal Regulatory Reform Task Force, which includes judges and members of the legal community, recommended that the court create a framework for a community justice worker program. Under that model, which has been used in other jurisdictions, non-lawyers working with a legal services group get trained to help people who otherwise can’t afford representation.”
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hi Interested Public,
Another blockbuster week of news. After critical appeals court rulings, the Trump administration has begun to strip federal workers of union protections. The Trump Administration also rescinded longstanding mandates for diversity in federal hiring, while the Justice Department issued an expansive theory of how diversity hiring might violate antidiscrimination law in a “Dear Colleague” letter The ABA is reportedly considering whether to end diversity requirements for its board seats. The Partnership for Public Service estimated the scale of the Trump Administration’s reduction in force, as multiple federal agencies sought to reassign remaining staff away from their positions into areas of higher priority for the administration. Student loan delinquency rates are reaching a generational high.
As always, these stories and more are in the links below.
Solidarity,
“The Justice Department is soliciting staff within its Civil Rights Division to take reassignments to fill vacancies in areas related to education, employment and voting, with leaders citing the “deep need” created by significant vacancies.”
“The Washington Post reported, opens new tab that DHS transferred more than 100 people to ICE from its human resources department and security team, citing current and former officials familiar with the reassignments. Reuters was not able to determine the number of affected staff. The timing of the transfers could leave FEMA understaffed at a critical moment, former FEMA officials warned, potentially hampering disaster response during the height of hurricane season.”
“Some federal employees are concerned about downstream impacts after President Trump last week fired the head of the Bureau of Labor Statistics, suggesting it could lead to future meddling in their work…In addition to compiling the monthly unemployment figure, BLS is responsible for detailing wage trends, labor force participation and other characteristics of the American workforce. Economists, policymakers and businesses lean on the data to inform their decision making. Several stakeholder groups, such as the Association of Public Data Users, denounced the firing and said BLS must adhere to scientific standards.”
“President Trump’s education secretary, Linda McMahon, has cut 1,315 positions from the Department of Education, including 326 from FSA. Following the Supreme Court decision in McMahon v. New York, Trump and McMahon now have free rein to lay off half of the department’s staff. This has made it far more difficult for FSA to carry out its functions, and students and working families are already feeling the impact. One survey by the National Association of Student Financial Aid Administrators (NASFAA) found that both students and colleges report facing significant delays when seeking information about awards…While nonenforcement by FSA has not necessarily been immediately felt, we can look to the first Trump administration to see what the consequences of that are like. Back then, Education Secretary Betsy DeVos shrank FSA’s staff by roughly 13 percent, which included 8 of the 21 employees who oversaw enforcement and the Public Service Loan Forgiveness (PSLF) program. PSLF offers full federal loan forgiveness to people who work for approved nonprofits or in government for ten years.”
“A key office in the Department of Education responsible for fielding grievances about student loans has a backlog of more than 27,000 complaints after losing nearly two-thirds of its staff.”
“Shawn Jiminez has long dreamed of going to law school to become an advocate for disadvantaged communities. The 19-year-old Bowdoin College junior is the first one in his family to attend college; without familial connections or insight into the legal or education systems, navigating his educational choices as a low-income student has been “a game of strategy.” But Jiminez’s plans for his future have ground to a halt after President Donald Trump signed the reconciliation bill in July, severely limiting the amount of money students can borrow from the federal government for graduate and professional programs.”
Conflicts Over Diversity, Equity, Inclusion, and Accessibility
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hi Interested Public,
Welcome to the end of another week. An OPM memo circulated directing that federal employees have the right to express their religious views at work–and to attempt to persuade colleagues fo the correctness of their views. A DOJ memo warned recipients of federal funds that even programs with “facially neutral criteria (e.g., “cultural competence”…)” may run afoul of its interpretation of antidiscrimination laws. At the state level, chief justices across the US released a report discussing how to financially support public-interest lawyering. More locally, legal aid labor disputes in NYC and Massachusetts have reached tentative agreements, while various jurisdictions see attorneys withholding labor from a financially depleted federal public defender service.
As always, these stories and more are in the links below.
Solidarity,
“Changing the requirements for a law license and supporting financial help for public-interest lawyering are among the ways that state supreme courts can help address “staggering” unmet legal needs, according to a report by a group of state chief justices and court administrators[.]” [report available here]
“All federal employees must be allowed to express their religion at work, the Office of Personnel Management told agencies in a memo Monday…as long as it doesn’t rise to the level of harassment, OPM said federal employees are also allowed to try to persuade their coworkers of the “correctness of their own religious views.”
“A RIF to achieve savings does not run afoul of the ICA as long as any net savings generated from the RIF are offset by other allowable expenses,” GAO said. “An agency can demonstrate that it is offsetting net savings by showing that it is continuing to obligate and expend all funds provided to the affected account(s).”
“Judge Dana Sabraw rejected the administration’s request to evade that ruling, and also found a second major breach by the government when it abruptly terminated its contract with Seneca Family of Agencies, which provides social services to the separated families, without securing any replacement contract,”
“Fourteen civil rights groups said the law firms they count on to pursue legal challenges are hesitating to engage with them, keeping their representation secret or turning them down altogether in the wake of Trump’s pressure, according to interviews with the nonprofits and a review of filings they have made in court.”
“Taken together, the letters sent between April 11 and June 17 were used to launch what the DOJ called an investigation but that legal experts say is among the latest instances in an all-out pressure campaign against higher education.”
“Harvard University said it would turn over employment forms for thousands of staff to comply with demands from the Department of Homeland Security…Harvard said it won’t share records for students employed in roles only available to students and that it’s evaluating whether such a request complies with privacy protection obligations.”
“Under current law, tax-exempt organizations are ineligible for the SECURE Act’s small business retirement plan start-up credit since they do not pay federal income taxes. This creates a barrier for many nonprofits which contribute an estimated $65 billion annually in payroll taxes. The Small Nonprofit Retirement Security Act would allow nonprofits to apply these tax credits against their payroll tax liability, giving them access to the same retirement incentives already available to for-profit organizations.”
“the agency’s memo goes even further than ED’s guidance, suggesting that programs that rely on what they describe as stand-ins for race, like recruitment efforts that focus on majority-minority geographic areas, could violate federal civil rights laws. The directive applies to any organization that receives federal funds, and DOJ officials warned that engaging in potentially unlawful practices could lead to a loss in grant funding.” [memo available here]
“Massachusetts lawmakers Wednesday announced they reached an agreement among themselves to expand the public defender agency and raise hourly rates for private attorneys who work as public defenders — though for less than what the attorneys are asking for.”
“Court-appointed attorneys say an agreement reached with Massachusetts lawmakers is a "critical starting point" toward ending a work stoppage that has resulted in more than 120 cases being dismissed. Attorneys are urging Gov. Maura Healey to sign off on a budget deal with state lawmakers that would increase pay rates in the state.”
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