Trump Executive Order Tracker | Akin Public Policy and Lobbying

Implementing The President’s “Department of Government Efficiency” Workforce Optimization Initiative (Trump EO Tracker)

February 11, 2025

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Trump Executive Order Tracker | Akin Public Policy and Lobbying

Key Updates

Summary

The Director of the OMB Director shall submit a plan to reduce the size of the Federal Government, requiring that agencies may hire no more than one employee for every four employees that depart. Agency heads must adhere to the Federal Hiring Plan outlined in the Executive Order on Reforming the Federal Hiring Process and Restoring Merit to Government Service. Agency heads must also consult the agency's DOGE team lead for new hires and begin reductions-in-force (RIFs) prioritizing non-essential functions and DEI programs. Within 30 days, OPM must issue new rulemaking to revise federal hiring suitability criteria and agency heads must submit reorganization plans to OMB. Within 240 days, the United States DOGE Service (USDS) Administrator must submit a report to the President on this order. Monthly, DOGE team leads must submit hiring reports. 

Legal Challenges

Case Name National Treasury Employees Union et al v. Donald Trump et al.
Date Complaint Filed February 12, 2025
Venue

District of D.C.

Summary

Section 3(c) of Executive Order 14210 directs agency heads to “promptly undertake preparations to initiate large-scale reductions in force (RIFs) consistent with applicable law” and fire nonessential or probationary employees.  Relatedly, the Office of Personnel Management (OPM) instituted its deferred resignation program, which offered federal employees the opportunity to resign and continue to receive pay and benefits until September 30, 2025. Plaintiffs are five labor unions that represent federal employees. They seek declaratory relief, declaring the mass firing of nonessential or probationary employees and the attempts to force resignations via OPM’s deferred resignation program, collectively, unlawful. Plaintiffs also seek injunctive relief, enjoining the implementation of § 3(c), OPM’s directive to terminate probationary employees, and OPM’s implementation of its deferred resignation plan.

Case Updates

On February 20, 2025, Judge Christopher Cooper issued an Order denying Plaintiffs’ motion for a Temporary Restraining Order and Preliminary Injunction. Judge Cooper held that the Plaintiffs’ claims fall within the scope of the special statutory administrative review schemed established by the Federal Service Labor-Management Relations Statute, which gives the Federal Labor Relations Authority exclusive jurisdiction over federal labor disputes in the first instance. Accordingly, because the Plaintiffs’ likely lack subject matter jurisdiction, the Court held that the Plaintiff’s failed to establish a likelihood of success on the merits and denied the TRO and Preliminary Injunction Motions.

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