Original Date Announced

EO 14251 “Exclusions from Federal Labor-Management Relations Programs” designates more than 40 agencies and agency subdivisions as having intelligence, counterintelligence, investigative, or national security work as a primary function, and therefore exempts them from USC Chapter 71, title 5 and USC Chapter 52, title 22, subchapter X , thus ending collective bargaining rights for employees of those entities. The identified agencies include the Department of State, Department of Defense, and Department of Justice, as well as subdivisions of the Department of Homeland Security, including USCIS and ICE but not CBP.

Trump 2.0 [ID #1654]

Subsequent Trump and Court Action

2025.03.31 Complaint - NTEU v. Trump

The National Treasury Employees Union (NTEU) filed a lawsuit challenging EO 14251. The NTEU is a labor union that represents federal employees in 37 agencies and departments, including DOJ.

NTEU's complaint alleges that EO 14251 § 2 is "unlawful and ultra vires because it conflicts with 5 U.S.C. § 7103(b)(1)" which grants the President "narrow authority to exclude some agencies from the collective bargaining statute." NTEU claims that the "President’s sweeping Executive Order is inconsistent with this narrow authority" and is instead motivated by "a policy objective of making federal employees easier to fire and political animus against federal sector unions."

The complaint also claims that EO 14251 violates the First Amendment because it is retaliatory and seeks to punish federal unions that previously raised legal challenges against the Trump administration. National Treasury Employees Union v. Trump, No. 1:25-cv-00935 (D.D.C.).

**Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

Subsequent Trump and Court Action

2025.04.03 Complaint - AFGE et al. v. Trump et al.

Labor unions AFGE, AFSCME, NNOC/NNU, SEIU, NAGE, and NFFE filed suit to challenge EO 14251. Plaintiff unions represent federal employees in DHS, DOJ, and DOS, among others. The complaint alleges that EO 14251 exceeds executive branch authority; violates the Fifth Amendment; and constitutes First Amendment retaliation and viewpoint discrimination by targeting so-called “hostile Federal unions” who had “declared war on President Trump’s agenda" while retaining collective-bargaining rights for unions supportive of President Trump. Plaintiffs seek declaratory and injunctive relief and ask the court to order Defendants to continue allotting and remitting union dues. American Federation of Government Employees, AFL-CIO v. Trump, No. 3:25-cv-03070 (N.D. Cal.).

**Link to case here. See litigation note above**

Subsequent Trump and Court Action

2025.06.24 Order Granting Preliminary Injunction - AFGE et al., v. Trump, et al.

U.S. District Judge James Donato granted Plaintiff unions' request for a preliminary injunction, finding that while the "Executive Branch’s factual judgments bearing on national security are entitled to deference and significant weight," Plaintiffs have "raised serious questions under the First Amendment that warrant further litigation." Judge Donato found that the unions demonstrated a "strong likelihood of irreparable harm from the loss of their collective bargaining and allied rights," that the balance of hardships "tips sharply" in their favor, and that an injunction would be in the public interest. The order enjoins enforcement of EO 14251 against Plaintiff unions pending further order of the court. American Federation of Government Employees, AFL-CIO v. Trump, No. 3:25-cv-03070 (N.D. Cal.).

**Link to case here. See litigation note above**

Subsequent Trump and Court Action

2025.08.01 Order Granting Stay of Dist. Ct. Injunction - AFGE v. Trump

The Ninth Circuit Court of Appeals granted the government's request for an emergency stay of the district court's June 24, 2025, preliminary injunction. The panel found that the government is likely to defeat Plaintiffs' claim of First Amendment retaliation because the evidence shows that Defendants "would have taken the same action even in the absence of the [unions'] protected conduct." The administration can therefore implement EO 14251 pending appeal. American Federation of Government Employees, AFL-CIO v. Trump, No. 25-4041 (9th Cir.).

**Link to case here. See litigation note above**