The Solidarity Docket
Week of May 7, 2026
State Department Moves to Terminate 270 Employees Mid-Litigation
This week, the State Department terminated approximately 270 foreign service and civil service employees represented by AFGE and AFSA, effective immediately. The terminations were carried out under RIF notices originally issued in July 2025 -- nearly ten months after those notices were first served.
The terminations landed in the middle of active litigation. In AFGE v. OMB (N.D. Cal.), plaintiffs have been challenging the legal authority under which agencies issued RIF notices during last year's government shutdown. The court previously issued a preliminary injunction blocking certain State Department RIFs in December 2025. Plaintiffs filed a supplement to the case management statement the same day as the terminations, alerting the court and arguing the development may require further proceedings.
The government filed its own supplement the following day. It argued that the court already resolved the relevant question in January, when it ruled that the July RIF notices did not need to be rescinded under the continuing resolution or the preliminary injunction. Because the May 5 terminations flow from those same July notices, the government contends they are outside the scope of the case. The government also noted that Section 120 of the continuing resolution -- the statutory basis for plaintiffs' claims -- has now expired.
The parties have also informed the court they are exploring whether a negotiated settlement is feasible and have stipulated to extend the motion to dismiss briefing and hearing schedule to allow time for those discussions. Hearing is set for June 23 at 1:30 PM.
The case management conference is scheduled for tomorrow, May 8. We will report on any developments next week and update our Litigation Tracker.
FEMA Reverses Course on CORE Disaster Contracts
FEMA informed the U.S. District Court in San Francisco on May 2 that it has begun reaching out to CORE disaster workers whose contracts were not renewed in January, offering them new appointments. All told, roughly 200 employees who lost their contracts are being asked to return, except those who retired or are no longer available.
Earlier in the week, FEMA also reinstated 14 employees who had been on paid administrative leave for eight months after signing a public letter of dissent criticizing the agency's direction under former DHS Secretary Noem. The agency cited workforce stability ahead of hurricane season as the reason for both actions.
DHS Partial Shutdown Ends After 76 Days
President Trump signed legislation on April 30 funding most of the Department of Homeland Security through September 30. The actions ended a 76-day partial shutdown -- the longest in U.S. history. The bill funds FEMA, TSA, the Coast Guard, and the Secret Service, among other DHS components. ICE and Customs and Border Protection were excluded and will be funded separately through the budget reconciliation process, with a self-imposed congressional deadline of June 1.
TSA reported more than 1,100 officer departures during the shutdown, with attrition accelerating sharply in the final weeks. Aviation security experts have warned the workforce losses will affect staffing and operations into the summer.
Bureau of Prisons Case Advances to Next Phase
In National Council of Prison Locals v. Bureau of Prisons (D. Conn.), the court denied BOP's motion to dismiss and scheduled oral argument on AFGE's preliminary injunction motion. The court also ordered BOP to produce documents.
This case challenges BOP's September 2025 termination of its collective bargaining agreement with AFGE's National Council of Prison Locals, which represents federal correctional officers and other BOP employees. If granted, the preliminary injunction would require BOP to reinstate the CBA while the litigation proceeds.
A telephonic scheduling conference is set for June 24, at which the court will take up discovery, set an answer deadline, and establish a summary judgment briefing schedule. The preliminary injunction motion remains pending.
In solidarity,
Suzanne Summerlin
General Counsel
Rise Up: Federal Workers Legal Defense Network
