Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hi Interested Public,
I wasn’t able to wade through last week’s news by the end of it, so you’re getting two weeks at once this week. But I’m splitting them up to make things easier to track. This digest covers news from this week, but you can find last week’s news digested for you here. I’ve highlighted several stories in the lede section, but lots of other important events are covered in the links below, including major stories related to student loans, federal restructuring, and the ongoing federal shutdown.
“The Trump administration began laying off federal workers on Friday, the 10th day of the U.S. government shutdown, administration budget chief Russell Vought said in a social media post…The Office of Management and Budget, which Vought leads, soon after confirmed that "RIFs have begun and are substantial."”
“The Trump administration plans to deploy America's counter-terrorism apparatus – including the FBI, the Department of Homeland Security and the Justice Department – as well as the Internal Revenue Service and the Treasury Department against certain left-wing groups it accuses of funding and organizing political violence, the officials said.”
“In late September, President Trump signed an executive order purporting to designate “Antifa” as a “domestic terrorist organization.” A few days later, he issued National Security Presidential Memorandum 7 (NSPM-7) on Countering Domestic Terrorism and Organized Political Violence. This analysis evaluates the claims made in these documents and their potential damaging effects, drawing on the Brennan Center’s decade of work on the government’s framework for responding to terrorism, both foreign and domestic.”
“NSPM-7 directs the U.S. Department of Justice (DOJ), the U.S. Department of the Treasury (Treasury), and the Internal Revenue Service (IRS) to aggressively monitor, investigate, and take action against organizations purportedly linked — directly or indirectly — to acts of “political violence or domestic terrorism.” This new framework combines tax enforcement, financial tracing, and criminal prosecution tools — creating substantial risks and exposure for tax-exempt organizations (including charities, advocacy groups, and political organizations), along with their networks of funders and supporters.”
“More than 3,000 nonprofits have signed an open letter condemning the directive, assailing the administration memo as a violation of free speech and civic engagement. However, it’s clear that strongly worded letters can only achieve so much. NPQ spoke with experts about how, beyond writing letters of protest, nonprofits and the public can effectively respond.”
“The “compact” is quite explicit: Universities that do not sign on to this thing thereby “elect[] to forego federal benefits.” What benefits? Well, that same first paragraph lists quite a few specific “benefits”: “(i) access to student loans, grant programs, and federal contracts; (ii) funding for research directly or indirectly; (iii) approval of student and other visas in connection with university matriculation and instruction; and (iv) preferential treatment under the tax code,” which means 501(c)(3) status. This compact is a “reward” in exactly the same sense that it is “rewarding” to purchase protection from the Mafia. The compact is an open, explicit threat. It nonetheless does represent a tactical shift on the part of the Trump Administration. The Trump team’s goal has not changed. They want an unprecedented—and flagrantly unconstitutional—degree of government oversight and control over American universities…the administration is pivoting to a new tactic, which seems to be to roll up the higher ed sector from what you might call the upper middle. Instead of starting at the very top with the high-stakes confrontation with Harvard and working their way down, the new tactical approach is to start with whichever prestigious schools seem likeliest—for various reasons—to be amenable to the government’s overtures.
In the remainder of this blog post I’ll do two things at once. First, for the benefit of any journalists who read this, I think it’s important to lay out in a few simple bullet points what this “compact” does, and why the spin adopted by so many mainstream reporters is incorrect…Second, along the way, and at the end, I want to situate this “compact” in this administration’s overall approach to law. That approach is to try to sideline law itself—its regularity, predictability, transparency, and treating likes alike—and replace the law with “the deal.””
“Next week, the City Council’s Rules committee will discuss a resolution that delegates authority to the City Attorney to defend officials — which would include councilmembers — when they’ve been accused of committing a crime in the course of doing their job…“This is not based on any actual threat or specific threat against any official in Oakland, whatsoever,” Oakland’s supervising deputy city attorney, Selia Warren, told The Oaklandside. “This is merely us trying to be proactive and actually stay ahead of events. We would love to not have to use this, ever.” However, Warren also said, “Anyone can read the headlines in the news these days about what’s going on.””
“Federal employee groups decried the second consecutive year of premium increases eclipsing 10 percent amid a government shutdown and a proposed 1% pay raise for non-law enforcement personnel.”
“When the Trump administration has faced pushback over attempted cuts to California’s federal funding, it has shifted strategy and gone after the funding again. The strategy has both complicated and expanded the scope of California’s legal fight against the administration, which now includes more than 40 lawsuits.”
“Trump’s public instructions to Attorney General Pam Bondi (which he may have intended as a private DM) were not subtle. The president named three public figures he has long detested and urged the Justice Department to prosecute them immediately. Now, less than three weeks later, two of them are under indictment: former FBI Director James Comey and New York Attorney General Letitia James. Both have denied wrongdoing. And the many other targets Trump wants to see in jail are bracing for who will be next.”
“The top lawyer at the White House Office of Management and Budget (OMB) argued in the draft that the law Congress passed and President Donald Trump signed in 2019 that guaranteed back pay to furloughed workers does no such thing.”
““The supposed ‘new legal analysis’ is, to use a technical legal term, horseshit,” said one former lawyer for the White House budget office of the threat to withhold pay.”
“Gibbons P.C. is pleased to welcome back to the firm Michael R. Noveck as the new Executive Director of the John J. Gibbons Fellowship in Public Interest & Constitutional Law…As Executive Director, Mr. Noveck will carry forward the Gibbons Fellowship’s legacy of pro bono representation involving cutting-edge cases implicating constitutional and individual rights and freedoms. He brings significant litigation experience in an array of areas, including criminal justice, Megan’s Law registration, police accountability, and education.”
“Trump administration officials are exploring options to sell off parts of the federal government’s $1.6 trillion student loan portfolio to the private market, according to three people familiar with the matter…Selling federal student loan debt raises significant logistical and legal concerns, adding new uncertainty for borrowers. Key questions include what happens to borrower protections—typically more generous than in the private market — and whether the government would continue guaranteeing any of the loans. The federal government enjoys more powerful debt-collection abilities — such as garnishing tax returns or Social Security benefits — than do private lenders.”
“Sharlyn Grace, the deputy public defender for policy at the Cook County Public Defenders Office, noted that ICE has not coordinated with court authorities either, especially in cases where immigrants have been detained while at court on other business. “There is no coordination or cooperation with us,” Grace said. “We’ve had clients not show up and later we have to identify them and find out they’ve been detained. There is no regard for the state court process or any sharing of information. The client’s other cases are forced to the side, and they could end up with warrants issued against them inappropriately, because the court wasn’t notified that they were detained.” Grace said she suspects ICE is accessing public documents to find the names of people to target without warrants.”
“The long-running legal challenge over Maine's failure to provide attorneys to criminal defendants who can't afford them has reached the state Supreme Court.”
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hi Interested Public,
I wasn’t able to wade through last week’s news by the end of it, so you’re getting two weeks at once this week. But I’m splitting them up to make things easier to track. These stories cover last week. The next edition will cover the current week. I’ve highlighted several stories in the lede section, but lots of other important events are covered in the links below.
“The brief, unsigned order cautioned that the ruling “should not be read as a final determination on the merits” but instead “reflects our preliminary view, consistent with the standards for interim relief.”…Justice Elena Kagan dissented, in an eight-page opinion that was joined by Justices Sonia Sotomayor and Ketanji Brown Jackson. Kagan wrote that “the effect” of Friday’s order “is to prevent the funds from reaching their intended recipients—not just now but (because of their impending expiration) for all time.””
“Trump’s conduct, the judge wrote, violated the sacred oath of a president to “preserve, protect and defend the Constitution of the United States” and the actions of his administration represented a “full-throated assault on the First Amendment.”…Young, highlighting the significance of the case, wrote that it is “perhaps the most important ever to fall within the jurisdiction of this district court” and “squarely presents the issue whether non-citizens lawfully present here in United States actually have the same free speech rights as the rest of us.””
“The administration wants to bring in as many as 600 military-trained attorneys to help make decisions about which immigrants can stay in the country. Advocates are alarmed by the move to use military lawyers to bolster staffing in the backlogged immigration courts as President Donald Trump's administration ramps up immigration arrests…“They’re letting a lot of experienced judges go, terminating them with no notice, and yet they claim that there’s a shortage so they need to have these military JAG officers step in and take over,” said Margaret Stock, a retired Army lieutenant colonel and immigration lawyer…“It will lead to more appeals of decisions. It will further increase the backlog. It’s going to be an inefficient and costly endeavor,” [Matt] Biggs[, president of IFPTE,] said. “It sets a dangerous precedent in this country when it comes to due process protections.””
“The American Federation of Government Employees filed a lawsuit accusing the US Department of Education of unlawfully inserting partisan language into automated out-of-office emails sent from accounts of furloughed workers. The union claims email settings for department workers were changed without their permission to include messages blaming the shutdown on Democratic lawmakers. The lawsuit alleges that forcing civil servants to speak on behalf of the political leadership's partisan agenda is a blatant violation of federal employees' First Amendment rights.”
“The top national security prosecutor for the U.S. Attorney's Office in the Eastern District of Virginia circulated a scathing departure letter to his former colleagues Friday slamming DOJ leadership, who he said "is more concerned with punishing the President's perceived enemies than they are with protecting our national security."”
“Our Constitution and its First Amendment remain the same,” former UnidosUS Education Policy Analyst Tania Valencia told department officials. At the time of the hearing, she was serving as a higher education senior program manager at the Leadership Conference on Civil and Human Rights. “The department does not have the authority to exclude employers based on their participation in disfavored speech and activities. Every major civil rights advancement, from the desegregation of schools to marriage equality, began as a viewpoint that challenged existing power structures.”
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hi Interested Public,
Hope this message finds you. Big week for public service legal news. It’ll take time for some of the lines cast this week to fully play out. Beyond the “editor’s choices”, you’ll find reporting that IRS & DOL are working to re-hire some workers who took the “fork in the road” retirement offer last Spring, and that the Supreme Court of Arizona is setting aside briefly-floated plans to provide create a pathway to criminal legal practice in the state based on a single year of classroom legal education.
Solidarity,
“The Affirmative Litigation Section will represent the United States by filing lawsuits against states, municipalities, and private entities that interfere with or obstruct federal policies, ensuring nationwide compliance with the U.S. Constitution and federal law.”
“(b) The [The National Joint Terrorism Task Force and its local offices] shall investigate potential Federal crimes relating to acts of recruiting or radicalizing persons for the purpose of…conspiracy against rights;
…
(c) The JTTFs shall also investigate: (i) institutional and individual funders, and officers and employees of organizations, that are responsible for, sponsor, or otherwise aid and abet the principal actors engaging in the criminal conduct described in subsections (a) and (b) of this section.”
“A senior Justice Department official has instructed more than a half dozen U.S. attorney’s offices to draft plans to investigate a group funded by George Soros, the billionaire Democratic donor whom President Trump has demanded be thrown in jail. The official’s directive, a copy of which was viewed by The New York Times, goes as far as to list possible charges prosecutors could file, ranging from arson to material support of terrorism. The memo suggests department leaders are following orders from the president that specific people or groups be subject to criminal investigation — a major break from decades of past practice meant to insulate the Justice Department from political interference.”
“District Judge Ana C. Reyes, a Biden appointee, wrote that it is “obvious” that Trump broke federal law when he fired 17 of the governmental watchdogs on the fifth day of his second term because he ignored requirements to notify Congress 30 days in advance and provide the “substantive rationale, including detailed and case-specific reasons” for the removals…Reyes determined they could not show that they suffered irreparable harm. She noted that, if they were reinstated, Trump could easily remove them again after 30 days by providing notice and rationale to Congress.”
“Last month, a three-judge panel on the U.S. Court of Appeals for the Ninth Circuit issued a stay of an earlier preliminary injunction that found that the White House’s effort to outlaw unions at most federal agencies under the auspices of national security was mere pretext for retaliating against labor groups that had challenged the administration’s workforce policies in court, actions considered to be protected speech under the First Amendment. That effectively allowed implementation of the order to proceed during the course of litigation. But later that month, a judge on the court called for all 11 jurists on the Ninth Circuit bench to examine whether to revisit the three-judge panel’s decision. The news came after federal agencies began formally terminating collective bargaining agreements, despite Justice Department attorneys’ and the Office of Personnel Management’s assurances that such steps would not be taken until the “conclusion of litigation.””
“The Internal Revenue Service and the US Department of Labor have taken steps to rehire workers who took the deferred resignation offer. The DOL is considering rescinding about 100 deferred resignations in “mission-critical roles,” a spokeswoman said last week, while the IRS is hiring back an unspecified number of the 26,000 workers who accepted the incentive…The scope of the rehirings is still unknown. Agencies are required to notify the OPM whenever they reverse a deferred resignation, Kupor said. He declined to say how many notices he had received, but said it’s “very small” compared to the roughly 150,000 people who took the incentive.”
“A new online retirement system, coupled with record summer claim volumes, has created delays and confusion for federal employees transitioning to annuitant status, even as OPM works to streamline processing and reduce errors.”
““Nothing in the Internal Revenue Code authorizes the administration to distinguish between organizations whose messages with which they agree and those whose messages they dislike,” David A. Super of Georgetown University Law Center told Tax Notes. “As long as an organization meets the Code’s broad definition of a charitable or educational purpose, the administration has no basis for challenging them.””
“Though I’m a solo practitioner with limited resources, I took the case pro bono because my values drive me to help indigent clients. I was aware of the government’s catch-me-if-you-can scheme to move detainees around without notice to escape court oversight, but I felt prepared for the challenge because I’m also an independent legal scholar who published a practice guide to help lawyers navigate habeas corpus actions for immigrant clients…I knew President Trump had issued a proclamation attempting to justify removals after the fact, but I used my best judgment and skills to ask the court to enforce the actual law as written. The government nevertheless proceeded to take my client out of the United States. So I was taken aback when the government asked the judge to punish me for my efforts via a motion for sanctions – which is a novel strategy by the administration to go after immigration attorneys personally by attempting to ruin their record or fine them. I was now a target.”
“In a letter to law firms, Democrats cited a law which prohibits the government from accepting any voluntary services. The law is intended to ensure that the government does not owe any debts or money which has not been approved by Congress. “I hope these law firms realize there is no safety in appeasement,” Rep. Jamie Raskin, D-Md., stated. “Once we get through this nightmare, we have to make sure nobody in the White House or in state power can shake down law firms, media, colleges and universities again for his or her personal enrichment.””
“Consider what happens when AI makes brief writing 10 times faster. A junior associate who previously drafted one motion per week can now produce 10. But here's what the efficiency prophets miss: opposing counsel also has AI. They're filing 10 motions too. The court's docket explodes. Every case becomes a war of attrition fought with infinite ammunition…The transformation won't be in quantity of work but in its nature.”
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hi Interested Public,
Hope this message finds you. Apologies for leaving you hanging again last Friday; ongoing illness. Today, I bring you last week’s news; more to come on Friday. Major stories include a class action from the AFT aimed at restoring affordable student loan repayment programs, reports of significant changes to hiring processes within the US DOJ’s civil rights division, and further market indicators of the widespread effects of restarted student loan repayments. As always, these stories and more are in the links below.
Solidarity,
“The American Federation of Teachers, a union representing some 1.8 million members, has said that the U.S. Department of Education is denying student loan borrowers their legally required rights to affordable repayment plans and loan forgiveness programs.”
“Veteran Manhattan prosecutor Maurene Comey on Monday sued the Trump administration over her abrupt firing this summer — days after she’d been assigned to take the lead on a major public corruption case — alleging she was targeted based on the president’s long-held animus toward her father.”
“The parties are directed to brief and argue the following questions: (1) Whether the statutory removal protections for members of the Federal Trade Commission violate the separation of powers and, if so, whether Humphrey’s Executor v. United States, 295 U. S. 602 (1935), should be overruled. (2) Whether a federal court may prevent a person’s removal from public office, either through relief at equity or at law.” (emphasis added)
“The revised process diverges from procedures that put hiring in the hands of career staff in response to a politicized recruitment scandal during President George W. Bush’s administration. At least two of the new hires were removed or suspended from prior local prosecutor positions while facing legal and professional complaints, according to their former supervisors and court filings in one instance…Three of the four managers selecting new hires had no prior DOJ supervisory experience, said multiple former civil rights division colleagues.”
“In the joint letter, signed by 136 organizations, they condemned political violence and any potential retaliation directed their way…The letter comes as the scrutiny against left-leaning organizations in the U.S. by the Trump administration has increased after the killing of Kirk, the co-founder of Turning Point USA. The president and other administration officials have characterized those left-leaning groups as playing a part in inciting violence, raising concerns that they might be targeted.”
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hi Interested Public,
Hope this message finds you. Apologies for leaving you hanging last Friday at the end of (another) eventful news cycle. Today, I bring you last week’s news; more to come on Friday. The major stories last week concerned a judgment out of the Northern District of California vindicating fired federal probationary employees’ rights but declining to craft them remedies and an order out of the US Supreme Court allowing the Trump administration to continue its “pocket rescission” of billions in foreign aid pending the final disposition of a lawsuit accusing the President of exceeding his authority. In student loan news, most reporting focused on proposed changes to the PSLF program (the deadline for public comment on the matter is tomorrow, 9/17). Outside of the federal government, the Second Circuit ruled that the First Amendment could not shield a non-profit’s novel strategy for involving non-attorneys in its operations from accusations of the unauthorized practice of law.
Solidarity,
“In the ordinary course, this order would, as required by the APA, set aside OPM’s unlawful directive and unwind its consequences, returning the parties to the ex ante status quo, and as a consequence, probationers to their posts. But the Supreme Court has made clear enough by way of its emergency docket that it will overrule judicially granted relief respecting hirings and firings within the executive, not just in this case but in others. And, too much water has now passed under the bridge since the Supreme Court stayed this Court’s preliminary injunction reinstating probationary employees. The terminated probationary employees have moved on with their lives and found new jobs. Many would no longer be willing or able to return to their posts. The agencies in question have also transformed in the intervening months by new executive priorities and sweeping reorganization. Many probationers would have no post to return to.” (emphasis added)
“A U.S. appeals court on Tuesday set aside a ruling [based on the First Amendment] that blocked New York from enforcing rules prohibiting the unauthorized practice of law against a nonprofit that provides limited legal advice to poor people in the state…[by] train[ing] people who aren't lawyers to provide free legal advice to people facing debt-collection lawsuits[.]”
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hi Interested Public,
Lots of news this week. The New York Times has reporting on the scope and the demographics of the federal government’s sweeping reductions in force. Meanwhile, some federal agencies have reassigning staff to cover gaps while other agencies are beginning to staff up again. The Skadden Foundation announced it’s new Executive Director, the defender strike in New York City wound down, and the State of Arizona began exploring the possibility of lowering the training requirements for criminal law practitioners for government-employed defenders and prosecutors.
Solidarity,
“That amounts to the loss of about one in eight federal civilian workers, and would be the largest single-year reduction since World War II.
…The figure is the clearest picture yet from the federal government of the extent of Mr. Trump’s downsizing. The president has said the effort is about eliminating waste, saving money and making the government run more efficiently. But it also represents a reduction of a bureaucracy that he believes has tried to thwart him. Many federal employees say the depth of the cuts has threatened to cripple vital services, drained the government of expertise and wreaked havoc on workers and their families.”
“While tens of thousands of employees have lost their jobs in Mr. Trump’s slash-and-burn approach to shrinking the federal work force, experts say the cuts disproportionately affect Black employees — and Black women in particular. Black women make up 12 percent of the federal work force, nearly double their share of the labor force overall.
…The most recent labor statistics show that nationwide, Black women lost 319,000 jobs in the public and private sectors between February and July of this year, the only major female demographic to experience significant job losses during this five-month period, according to an analysis by Katica Roy, a gender economist…Experts attribute those job losses, in large part, to Mr. Trump’s cuts to federal agencies where Black women are highly concentrated.
White women saw a job increase of 142,000, and Hispanic women of 176,000, over the same time period. White men saw the largest increase among groups, 365,000, over the same time period.
Ms. Roy said that with the exception of the pandemic, Black women have never seen such staggering losses in employment. And over the last decade, the experiences of that population have consistently signaled what is to come for others.”
“Many staffers have been moved from civil rights jobs, workers say. At the Justice Department, for example, attorneys who protected employees from workplace discrimination were moved to roles handling human resources complaints or Freedom of Information Act requests. At the Department of Housing and Urban Development, civil rights lawyers who pursued cases of housing discrimination were shifted to defend the agency from complaints. At the Transportation Department, an employee who spent a decade working in civil rights is now reviewing highway grants.”
“The immigration courts are struggling with a backlog of more than 3.4 million cases. But the plan to turn possibly hundreds of military lawyers into immigration judges comes after the Trump administration has fired more than two dozen immigration judges nationwide so far this year. Unlike federal district court judges, immigration judges work for the Justice Department…The Trump administration loosened the job requirements for temporary immigration judges last month, allowing a wider group of government lawyers to handle cases in immigration court.”
“fThe order, approved by Secretary of Gender Binaries Pete Hegseth, is yet another violation of the Posse Comitatus Act, which is supposed to prevent the president from using the military to engage in domestic law enforcement…Immigration judges are employees of the Department of Justice, hired by the attorney general, who has broad discretion over whom they hire and why.”
“The hiring follows State issuing reduction-in-force notices to 1,350 employees, about 250 of whom were FSOs. The move has caused current and laid-off staff to question why the cuts were necessary if State planned to quickly turn around and once again begin hiring. Most foreign servants work as generalists, moving from one role and location to the next every few years throughout their careers.”
“The departments of Defense, Treasury and Agriculture have cut their staffing levels this year by a cumulative total of about 106,000 employees, according to data compiled by the non-profit Partnership for Public Service. That’s out of an estimated 199,000 federal employees governmentwide who have left their jobs since January, either voluntarily or by force.”
“The Environmental Protection Agency fired five agency employees who had openly signed a June declaration critical of the Trump administration’s weakening of pollution, climate and health safety rules, according to the advocacy group Stand Up for Science—which also said four more were issued removal notices by the agency.”
“It’s hard to determine how many people are facing reversal issues like Perry and Gokey. While the Federal Reserve keeps data on student loan delinquencies, which are rapidly increasing, there are no reports about payment reversals. But Gokey believes the payment reversals are a symptom of a larger problem: a breakdown in the system.”
Conflicts Over Diversity, Equity, Inclusion, and Accessibility
“Under a proposal developed at the direction of the Arizona Supreme Court, people who complete two semesters of criminal law-focused classes, practice for nine months under the supervision of an experienced criminal attorney and pass a specialized exam would be licensed to take on criminal cases – although not capital ones.”
“With an enforcement blitz by U.S. Immigration and Customs Enforcement anticipated in the coming days, more people could be in immigration custody are in need of legal help. Now, they could possibly get that help from the Cook County Public Defender's office. The Public Defender's office is known for representing people accused of crimes in Cook County. But after a pilot program that started in 2020, public defenders are now being used to represent people with Cook County addresses who are being detained for immigration cases.”
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
Get a weekly summary of news items that affect the public service legal community, with an emphasis on funding, job market, law school initiatives, and access-to-justice developments.
