Key facts
- A federal appeals court blocked the firing of 19 intelligence officers involved in DEI programs.
- The ruling upholds an injunction requiring agencies to offer reassignment and internal appeals.
- The court cited the Fifth Amendment's due process clause.
- The officers were reassigned to implement an executive order aimed at eliminating DEI programs.
A divided federal appeals court has ruled that the Trump administration cannot fire 19 intelligence officers who were assigned to diversity, equity, inclusion, and accessibility (DEIA) initiatives. The 4th U.S. Circuit Court of Appeals upheld a lower court's injunction, which requires the CIA and the Office of the Director of National Intelligence (ODNI) to offer these officers opportunities for reassignment and internal appeals before termination.
Writing for the majority, U.S. Circuit Judge Nicole Berner stated that the Fifth Amendment's guarantee of due process requires federal agencies to follow their own regulations. These regulations, she noted, mandate that employees be given a chance for reassignment and internal appeals, unless their access to classified information has been revoked.
These 19 career employees had been temporarily assigned to DEIA roles and were among 58 officers placed on paid administrative leave. Their terminations were reportedly part of an effort to implement an executive order signed by President Donald Trump in January 2025, which aimed to eliminate DEIA programs across the federal government.
Kevin Carroll, an attorney for the plaintiffs, expressed gratitude for the decision, emphasizing that intelligence officers possess due process rights under the Fifth Amendment. Judges appointed by Democratic presidents formed the majority.
U.S. Circuit Judge Paul Niemeyer, appointed by President George H.W. Bush, dissented, arguing that the regulations were irrelevant and that agency directors have broad discretion to terminate employees. He suggested the Supreme Court might need to review the decision.