On May 23, 2025, Gilbert Employment Law, P.C. filed a class appeal with the Merit Systems Protection Board (MSPB) on behalf of all U.S. Department of Homeland Security (DHS) employees who were subject to separation from federal service by a Reduction-in-Force (RIF) between March 21, 2025, and the first day of a hearing before the MSPB on the class appeal. Former DHS employees who fall within this definition are members of the putative class.
On March 21, 2025, the U.S. Department of Homeland Security eliminated three offices responsible for the protection of civil rights—the Office for Civil Rights and Civil Liberties (CRCL), the Office of the Immigration Detention Ombudsman (OIDO), and the Office of the Citizenship and Immigration Services (CIS) Ombudsman. Employees within these offices received reduction-in-force notices informing them of their forthcoming separation from the federal service. The class appeal alleges DHS failed to adhere to RIF procedures required under federal regulations and did not have a valid, lawful reason to initiate the RIF. The RIF was conducted to dissolve DHS oversight offices and abolish functions mandated by statute, contrary to Congressional intent. The appeal seeks the rescission of the RIF actions and the reinstatement of all affected employees to their original positions of record.
We will continue to post announcements on our website regarding any significant developments in this litigation.