A group of Senate Democrats is warning that a recent decision upholding the firings of two immigration judges could lead to a much broader erosion of civil service protections across the federal workforce.
In an amicus brief filed Monday, senators urged the Federal Circuit Court of Appeals to fast-track an en banc — or full bench — hearing. They said a March 20 decision from the Merit Systems Protection Board, if upheld, “poses serious consequences,” with the ability to impact job protections for thousands of federal employees.
The senators argued that MSPB’s recent decision unlawfully undermines congressional authority, while exceeding presidential powers to fire federal employees at-will. They wrote that Congress holds the sole authority to legislate changes to federal workforce protections and removal proceedings — not the president.
“This decision not only undermines the impartiality of our immigration courts, but also opens the door for the Trump administration to strip longstanding protections for employees across the federal workforce,” Sen. Chris Van Hollen (D-Md.) said Tuesday. “The integrity of our merit-based federal civil service hangs in the balance.”
The brief was filed by Gilbert Employment Law on behalf of Van Hollen, as well as Sens. Angela Alsobrooks (D-Md.), Tim Kaine (D-Va.), Andy Kim (D-N.J.), Gary Peters (D-Mich.) and Mark Warner (D-Va.).
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