Meanwhile, OPM, the federal human resources agency, has instructed at least two dozen of its own employees working remotely that they
must relocate to Washington in order to keep their jobs. They were given until March 7 to decide.
In his ruling, Alsup ordered OPM to rescind
a January 20 memo and a February 14 email directing agencies to identify probationary employees who are not "mission-critical" and terminate them.
Alsup said he could not order the Defense Department itself, which is
expected to fire 5,400 probationary employees on Friday, and other agencies not to terminate workers because they are not defendants in the lawsuit brought by several unions and nonprofit groups.
But he suggested that the mass firings of federal workers that began two weeks ago would cause widespread harm, including cuts to national parks, scientific research, and services for veterans.
"Probationary employees are the lifeblood of our government. They come in at a low level and work their way up. That's how we renew ourselves," said Alsup, an appointee of Democratic former President Bill Clinton.
The White House and the U.S. Department of Justice did not immediately respond to requests for comment.
The plaintiffs include the largest federal employee union, the American Federation of Government Employees, four other unions and nonprofits whose missions include advocating for services for veterans and conservation of national parks.
'I DON'T BELIEVE IT'
The Trump administration has maintained that the memo and email from OPM merely asked agencies to review their probationary workforces and decide who could potentially be terminated, and did not require them to do anything.
"An order is not usually phrased as a request," Justice Department lawyer Kelsey Helland told Alsup during the hearing.
But the judge said it was unlikely that virtually every federal agency independently decided to decimate its staff.
The judge specifically ordered OPM to communicate to the Defense Department by Friday that its memo and email regarding probationary employees are invalid. And it must give the same message to other agencies including the National Park Service and the Bureau of Land Management where staff cuts are likely to impact the nonprofits involved in the lawsuit, Alsup said.
The ruling will be in place temporarily while Alsup considers the legal challenge, which claims that OPM has no power over the hiring and firing of federal employees, and that its memo and email amounted to formal rules that can only be adopted through a lengthy administrative process.
Agencies began
mass firings of probationary employees earlier this month. A
second wave of mass layoffs targeting career employees began this week and a White House memo issued on Wednesday
instructed agencies to submit plans by March 13 for a "significant reduction" in staffing.
Unions have
filed several other lawsuits challenging Trump's efforts to reshape the federal workforce in the month since he took office, but have already faced procedural hurdles in pursuing them.
Source: Reuters