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
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.”
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hi Interested Public,
Thanks for your patience with me. After some delays, last week’s news is available today. Agencies across the federal government continue to explore their newfound freedom of motion after the Supreme Court lifted injunctions below preventing them from implementing various reductions in force to effectuate Executive Orders issued over the last several months. The Department of Education (which is itself being dramatically reduced) stated publicly that student loan payments made under the new structure created by Congress’ recent reconciliation bill will be eligible for Public Service Loan Forgiveness, although it has paused income-based repayment plans for the interim while it works on a new policy for handling loans. Some–but not all–legal services organizations in New York City have settled their differences with management, while the strike action in Boston continues and additional federal defenders move to withhold labor as the service is unable to pay them. In Florida, state and local governments are experimenting with their own DOGE-style reforms.
As always, these stories and more are in the links below.
Solidarity,
“The Department of Education said late Friday that payments made under the new Repayment Assistance Plan, which Congress created under the 'One, Big, Beautiful Bill,' will qualify for forgiveness under PSLF.”
“A federal district judge ruled the Trump administration must face claims that it illegally tried to stop funding for counsel for unaccompanied immigrant children, in what is now the administration’s fifth attempt in the courts to block its role in the legal aid.”
“The House Oversight and Government Reform Committee is investigating…the New York University School of Law's State Energy & Environmental Impact Center…On Thursday, Oversight Committee chairman James Comer (R., Ky.) sent letters to Bethany Davis Noll, the impact center’s executive director, and Patricia Harris, the CEO of Bloomberg Philanthropies. Comer raised ethics concerns about the fellowship, which he said "undermines faith" in the American legal system, and demanded the two leaders provide relevant documents and communications.”
“I don’t know if the administration knew how many little guys are out there,” said Michael H. Ansell, a solo practitioner in Morristown, N.J., who earlier this year joined the Pro Bono Litigation Corps, newly launched by Lawyers for Good Government, a legal nonprofit. He answered the nonprofit’s plea for lawyers willing to give at least 20 hours a week to an upcoming case. More than 80 volunteered.”
“Since the 1960s, presidential administrations from both parties have used taxpayer dollars to fund nonprofits to take on social problems and deliver services. A vast and interconnected set of federal grants fund public safety programs, early childhood education, food assistance and refugee resettlement services in every state…An analysis by the Urban Institute provides a sense of the scale and reach of government support for nonprofits.”
“With government dollars now used as leverage, the institutions that have long held civil society together are being quietly dismantled. This piece breaks down the damage, exposes the political intent, and lays out five ways the sector can fight back before it’s too late.”
“About 40% of the roughly 33 million people repaying student loans were enrolled in one of the Education Department's four such repayment plans at the end of 2024…But three of those programs had previously been halted by a court ruling, while forgiveness for the roughly 2 million people enrolled in the fourth — IBR — is now also paused…Because the SAVE plan could count toward loan discharges in the IBR program, the Education Department is now temporarily halting forgiveness for enrollees in that plan. The Education Department said the loan discharges will resume at some point, but didn't provide a timeframe for when that might occur…Borrowers in the federal IBR plan are eligible to have their student loans canceled after making payments for at least 20 years. However, some people eligible for such forgiveness have yet to see their loans canceled. They should continue making those payments, and the Education Department will eventually refund them, according to the agency.”
“But Turner cautioned against the abrupt reversal of the program. After accounting for inflation, the lifetime borrowing limits now placed on graduate students are lower than they were in 2005, she said. Many students may turn to private loans to cover the gap, often at higher interest rates…Sophia Tully, co-president of the Minority Association of Pre-Med Students at Northwestern, said she and her peers have struggled to reconcile with a system that often feels stacked against them. The 21-year-old plans on taking an extra gap year before medical school in an effort to save money.”
Conflicts Over Diversity, Equity, Inclusion, and Accessibility
“A diverse group — faith leaders, college students, grandmothers, retired lawyers and professors — has been showing up at immigration courts across the nation to escort immigrants at risk of being detained for deportation by masked ICE officials. They're giving families moral and logistical support, and bearing witness as the people are taken away.”
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hi Interested Public,
Following closely on its order of July 8th lifting lower court injunctions against an array of “reduction in force” plans across the federal bureaucracy, the Supreme Court lifted a lower court injunction preventing the Department of Education from acting on an Executive Order issued last March aimed at “Closing the Department of Education”. The implications of this latest order for student debt and federal employment generally are profound even in a period characterized by seismic shocks. (See “Editor’s Choices”)
In other news, the US Congress (having passed budget reconciliation) is looking forward to FY26; the House of Representative’s approach does not completely defund LSC but does include “dramatic staffing cuts” (per Government Executive). Public defenders in NYC are striking in increasing numbers, the defender strike in Boston is continuing to reveal structural issues, and federal defenders are working without pay after the US courts exhausted their budget; defenders in North Dakota have already stopped work.
As always, these stories and more are in the links below.
Solidarity,
“The Supreme Court ruled on Monday that the Trump administration may fire more than half of the Department of Education’s workforce — mass terminations that, in Education Secretary Linda McMahon’s words, are “the first step on the road to a total shutdown” of the entire department.
…Last week, in Trump v. American Federation of Government Employees (AFGE), the Supreme Court issued a similar decision reinstating a different Trump executive order which called for mass firings. That order required federal agency leaders to come up with aggressive plans to fire agency employees, but did not provide many details on who will be fired.
…Sotomayor [] would have waited for the agencies to release their plans, and then she would have determined whether any of these plans make such deep cuts that they amount to something like an unconstitutional impoundment.
…The McMahon case, by contrast, presented the same issue that Sotomayor anticipated in her AFGE concurrence. Secretary McMahon has already come up with a plan to fire more than half her department’s employees, and that plan was before the Supreme Court. So Sotomayor and her colleagues could determine whether any of these cuts are so deep that they effectively eliminate federal programs mandated by Congress.
Now that this issue was properly before the Court, however, Sotomayor’s Republican colleagues appear to have come out in favor of impoundment.”
“McMahon is expected to move quickly — department lawyers have already previewed the plans in court filings…Among the most important decisions is where to put management of federal student loans, a $1.6 trillion portfolio affecting nearly 43 million borrowers…a June court filing indicated the Treasury Department is expected to take over the work.”
“As some federal agencies are moving forward with mass dismissals of employees after receiving the Supreme Court’s blessing to do so, the Trump administration is telling a lower court that some agencies are walking back their planned layoffs.”
“The Trump administration is formally arguing before a federal oversight body that it has unilateral authority to fire many federal employees at any time, seeking to unwind decades of precedent and current federal law.”
“As former General Counsels and Solicitors of federal departments and agencies, we write to ask all lawyers previously employed by the federal government to come to the aid of their former coworkers…The actions of the current administration have led to massive job losses in the federal sector and extraordinary confusion and anxiety among federal employees. These employees need counsel to understand their rights and how best to cope with a very challenging situation. All lawyers formerly employed by the federal government (who maintain an active license in any state) can help provide such counsel.”
“House Republicans proposed cutting funding for the Legal Services Corporation, but aren’t eliminating it completely as President Donald Trump had suggested.”
“[A] 33-year-old attorney who resigned from ICE’s legal department last month…He told me that he saw frustration among ICE attorneys whose cases were dismissed just so officer teams could grab their clients in the hallways for fast-track deportations that pad the stats. Some detainees had complex claims that attorneys have to screen before their initial hearings, to ensure due process. Others with strong asylum cases were likely to end up back in court later anyway. The hallway arrests sent the message that the immigration courts were just a convenient place to handcuff people. Some ICE attorneys “are only waiting until their student loans are forgiven, and then they’re leaving,” he said.”
“Staff at the Bronx Defenders, the Center for Appellate Litigation and the Office of the Appellate Defender join the roughly 400 attorneys and legal staff across four other nonprofit organizations already on the picket line seeking better pay and working conditions, bringing the total number of strikers to more than 700.”
“The Legal Services Corporation focused its Tuesday forum on efforts to expand legal services in Michigan, with a particular emphasis on local housing initiatives including eviction diversion efforts.”
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hi Interested Public,
Apologies for a doorstop of a digest this week, covering this week and the one prior to the July 4 holiday. Let me explain. No, it’s too much. Let me sum up.
In Washington DC, the federal judiciary cleared the way for the Trump Administration to proceed with portions of its agenda hugely significant to public interest law: the Supreme Court cleared the way for the Trump Administration’s effort to radically reduce and restructure the federal civil service (the State Department seems to be the first agency in line) and D.D.C. determined that the DOJ’s decision to terminate grants to immigration legal service providers is not subject to judicial review. In Congress, the President’s budget reconciliation bill passed, including significant changes to the Department of Education’s student loan programs. In the Executive Branch, the Department of Education completed a multi-day negotiated rulemaking process without reaching consensus with the civil society representatives it had invited and the Trump administration extended its hiring freeze through this October. Meanwhile, elsewhere in the United States, governments are adapting: New York City, Los Angeles, and Massachusetts expanded funding for immigrant legal services and Arizona funded civil legal aid within its state budget for the first time in history. Also at the city level, labor actions; Boston’s public defender strike drags on and NYC public interest lawyers look increasingly ready to start one of their own.
As always, these stories and more are in the links below.
Solidarity,
“The Office of Personnel Management sought to soften the importance of essay prompts for federal job applicants after critics warned the test would screen applicants based on how they’d help President Donald Trump’s agenda…OPM notified federal agency heads last week in a written notice that the essay questions outlined in a May 29 memo “must not be used as a means of determining whether the candidate fulfills the qualifications of a position.”…The notice represents a rare reversal on the Trump administration’s push to root out those disloyal to Trump and to cut tens of thousands of jobs from the federal workforce. The new memo was made public by Public Employees for Environmental Responsibility, a worker advocacy group that filed a complaint with the US Office of Special Counsel alleging that the new essay questions amounted to a loyalty test for nonpartisan civil servants.”
“The decision could result in job losses for tens of thousands of employees at agencies including the Departments of Housing and Urban Development, State and Treasury. The order, which lifted a lower court’s ruling that had blocked mass layoffs, was unsigned and did not include a vote count. That is typical in such emergency applications. Justice Ketanji Brown Jackson wrote a public dissent.”
“Federal agency leaders still face obstacles to implementing widespread layoffs, and some are even reversing course after the Supreme Court greenlit President Donald Trump‘s order to cut the public workforce.”
“The Merit Systems Protection Board reported that, so far this fiscal year, it has received 11,166 appeals, which is twice its typical workload. A backlog could emerge if a quorum is not restored to the agency to issue final decisions.”
“The memo, viewed by Splinter, changes the official policy surrounding probationary employees, flipping the script on how the end of a probationary period will generally go. If you were a potential employee, well, you might not be now. “If not terminated sooner, the appointment of an employee serving a probationary or trial period terminates [emphasis theirs throughout] before the end of the tour of duty on the last day of his/her probationary or trial period,” the memo states, “unless the appropriate DOC management official certifies that finalizing his/her appointment advances the public interest.“”
“According to multiple sources inside the Environmental Protection Agency, an “upset” Administrator Lee Zeldin has begun retaliating against agency staff who signed a Declaration of Dissent opposing his destructive tenure. This is pretty obviously illegal.”
“The Justice Department convinced a federal district judge to dismiss a lawsuit that challenged President Donald Trump‘s pause on funding for legal orientation service provider contracts to aid immigrants. DOJ’s decision to terminate immigrant assistance programs isn’t subject to judicial review, said Judge Randolph D. Moss of the US District Court for the District of Columbia on Sunday, granting in part the agency’s motion for summary judgment and dismissing the remainder of the suit from a dozen subcontractor groups.”
“In addition to temporary losses of federal funding, immigration nonprofits have also lost some of the pro bono support available to them, as major law firms allegedly have begun to turn down lawsuits challenging the administration’s immigration policies to avoid being targeted themselves…Immigration lawyers are facing increasingly prevalent accusations of illegal activity, such as encouraging their clients to exaggerate or lie about their persecution.”
“A former Bronx prosecutor who served as general counsel for New York City's asylum seeker operations will lead a new municipal office meant to help facilitate pro bono legal assistance[.]”
“Critics say a last-minute push by state lawmakers to shore up nonprofits in the face of looming federal budget cuts may be unconstitutional. The new law creating a unique committee to pass out up to $50 million in extra aid to Hawaiʻi nonprofit organizations this year has triggered a warning letter from a public interest law firm saying the plan would be vulnerable to legal challenges.”
“Critics [] say the changes could hurt students from low-income backgrounds. “There’s a lot of concern there that with these new caps, with the elimination of the grad plus program, these students just won’t have the options that they had to really go get their degrees,” said Sheffey.”
“The Department of Education (ED) began its final day of negotiated rulemaking (Neg Reg) with hopes of reaching a consensus on its proposed rules on changes to the Public Service Loan Forgiveness (PSLF) program. ED sent out updated proposed language Tuesday evening, and even provided a newer updated version just minutes into the session's start, but ultimately, consensus eluded the committee…Negotiators Abby Shafroth of the Student Loan Borrower Assistance Project and Betsy Mayotte of The Institute of Student Loan Advisors argued that while the higher standard was an improvement, it failed to address the core issue: the proposal grants the Secretary the power to adjudicate violations of complex laws (such as immigration or medical regulations) that fall far outside ED’s expertise.”
“Following a muddled consultation process with a panel of experts, the Department of Education is on its way to implementing that new policy, which would target people involved in whatever Secretary of Education Linda McMahon deems to be “illegal activities,” like assisting undocumented immigrants, supporting transgender people, and so-called terrorism (supporting Palestinians). But as the Associated Press points out, the possible wrongdoing is so open-ended that the policy could be used as a tool of retribution against a wide range of people and organizations:”
“With the ink barely dry on monumental trade deals and the 2017 tax cuts now permanently extended, Treasury Secretary Scott Bessent announced a pivotal new focus for his department: the nation’s sprawling student loan debt…He was quick to differentiate the upcoming Treasury approach from previous efforts, explicitly rejecting former President Joe Biden’s debt forgiveness strategies. “I do think that just forgiving student debt was unacceptable,” he asserted. Instead, Bessent promised a more nuanced and impactful solution. “I think that there is a firm and humane way to deal with the student debt crisis. And we are going to be focused on that here at Treasury,” he continued. The Secretary highlighted the significant burden student loans place on young Americans, noting that many graduate “post-college with the equivalent of a mortgage.””
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hi Interested Public,
Thanks for your patience. (Last) week was quite eventful–even by the standards of 2025. The news below will bring you up to speed through last weekend–with a couple of exceptions where the information I had collected last week had already been superceded. Major news out of the Supreme Court last week; commentators moved swiftly to unpack what a ruling concerning the availability of “universal” injunctions as a remedy may mean for other Trump Administration policies currently enjoined by federal courts–including policies pertaining to federal reductions in force. Meanwhile, a draft purporting to be a plan to limit the availability of Public Service Loan Forgiveness to workers at certain employers leaked from the Department of Education.
High drama continues in the US Congress, as the Senate debates a budget bill which contemplates major changes to student loans and potentially federal benefits (student loan changes for current borrowers and changes to the structure of federal benefits were taken out by the Senate parliamentarian, when last I checked). At the state level, the Governor of Maryland implemented a hiring freeze, the Maine Commission on Public Defense Services warned it may run out of money, and the Oregon legislature approved a budget plan that included compensation incentives for public defenders to exceed state-imposed caseload limits (and provisions for slashing pay for defenders who don’t carry sufficient caseloads). In civil society, nonprofits work to adapt to ongoing changes to their funding environment, while the Department of Justice announced an investigation into the hiring practices of the University of California.
The Digest will be off on July 4th, and will return with stories from this week and next week on 7/11.
As always, these stories and more are in the links below.
Solidarity,
“The Supreme Court on Friday limited individual judges’ capacity to strike down government policy on a nationwide basis, a decision with potentially far-reaching impacts on how federal agencies carry out their work. The high court left in place some carve outs, however, including one that could—at least temporarily—protect a judge’s ruling that is currently blocking the Trump administration from carrying out widespread layoffs…In a footnote of the opinion, however, Barrett added that nothing in the decision “resolves the distinct question whether the Administrative Procedure Act authorizes federal courts to vacate federal agency action.” District court judges in both the larger RIF injunction and one more specifically tailored to the Education Department relied in part on the APA to support their findings.”
“Loans issued after July 1, 2027, would have fewer options for deferment or cancellation…Limit loans for graduate and professional students and parents; and eliminate graduate and professional PLUS loan program…Limit income-driven repayment options and allow payments made under a new program to count for people who currently use the public service loan forgiveness program.”
“The Education Department is planning to put new limits on which employers can qualify for the Public Service Loan Forgiveness program, according to a draft proposal obtained by an advocacy group. Any employers who engage in what the department calls “activities that have a substantial illegal purpose” could be kicked out of the program, and any payments that borrowers make while working for them won’t count after their employers are no longer eligible, according to the draft document.” [draft proposal here]
“In draft regulatory text circulated this week by the U.S. Education Department, the agency proposed stripping eligibility for Public Service Loan Forgiveness from organizations engaging in activities that have “a substantial illegal purpose.” Representatives from certain interest groups, including consumer advocates, borrowers and servicers, will debate the plan and its implications for the future of PSLF next week.”
“All provisions affecting the federal workforce in the GOP reconciliation bill have been removed from the Senate’s legislative text, after lawmakers convened over the weekend in an attempt to bring the bill closer to the finish line. As Republicans work to finalize their legislation by a self-imposed July 4 deadline, lawmakers have revised and taken multiple proposals out of the “One Big, Beautiful Bill” — including one provision that would have made all newly hired federal employees choose between at-will employment and a 10% increase to their Federal Employees Retirement System (FERS) contribution rate.”
“The City’s contract with Stay Housed LA, set to expire June 30, was approved for a five-year, $34 million extension by the City Council in April and signed by Mayor Karen Bass on May 1. However, City Attorney Hydee Feldstein Soto declined to approve the deal last week. A spokesperson for the City Attorney’s Office said Feldstein Soto views awarding it as a sole-source contract as violating the city’s charter, an issue which was not presented amidst the city council vote earlier this year.”
“Starting next month, nine Indiana counties, including Lawrence County, will participate in a pilot program offering partial state reimbursement for public defender costs in misdemeanor cases.”f
“Federal Reserve Chairman Jerome Powell told senators Wednesday that Congress might want to consider permitting greater dischargeability of student loans, questioning whether it is a "wise national policy" to treat such debt differently under the federal bankruptcy laws[.]”
Conflicts Over Diversity, Equity, Inclusion, and Accessibility
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