Following a lengthy hearing on Thursday, a federal judge has extended the pause on the Trump administration’s dismantling of USAID for another week.
The case represents one of the most significant early tests of President Donald Trump’s authority to reduce the federal workforce and close an agency.
Judge Carl Nichols of the DC District Court said he will keep a court order in place until February 21 that reinstates USAID workers who were previously placed on paid leave and prohibits the administration from taking any further action that could harm USAID workers, particularly those stationed in foreign countries with high security risks.
Nichols, a 2019 Trump appointee to the trial court, has yet to decide whether to allow the Trump administration’s plans to dismantle the agency or to block them indefinitely. He stated that he will rule on the question by the end of next week, but his decision is likely to be appealed.
Other lawsuits challenging the closure of USAID are still pending in court.
During the three-hour hearing, two courtrooms were packed with foreign aid workers, many of whom claimed to work for USAID or with the agency as contractors.
Nichols’ questions focused on what the administration might do next, the ability of foreign aid workers to seek redress if they were harmed by the president’s actions, and how the government could ensure the safety of USAID workers abroad if the dismantling proceeds.
“An entire agency is being decimated,” said Karla Gilbride, a lawyer representing unions who represent USAID employees in court. “This is a coordinated and accelerated campaign that is being done without any congressional authority and in contravention of the laws passed by Congress.”
However, lawyers representing the administration from the Justice Department told the judge that the agency was not being shut down, but rather “studied” by the new administration for 90 days.
“Plaintiffs want a federal court to return USAID to how it was under a previous president’s foreign policy,” DOJ lawyer Eric Hamilton said.
According to court documents, more than 2,000 USAID employees were on paid administrative leave as of February 7, with nearly all of them based in the continental United States. Employees in high-risk locations were not put on administrative leave. Nichols previously directed the Trump administration to reinstate USAID employees who were on leave during the early stages of the case.
According to the court proceeding, approximately 1,400 of USAID’s full-time direct hires work overseas, accounting for roughly one-quarter of such employees.
The case revolves around how the Trump administration can ensure that foreign aid workers have access to security resources when they are in high-risk countries or dangerous situations, such as in Congo, where unrest has forced USAID workers to flee.
Employees in those countries may be placed on leave as a result of the administration’s initial actions, losing access to electronics and communications that could assist them. In court Thursday, DOJ lawyers offered few specifics about what could be provided to those government employees in the event that they lost access to security resources.
