A federal judge ordered the Trump administration on Thursday to restore AmeriCorps-funded programs in Washington, D.C., and 24 Democratic-led states as their lawsuit proceeds over recent cuts.
U.S. District Judge Deborah Boardman ruled the states were likely to succeed in their claims that federal law required AmeriCorps to provide a notice-and-comment period before making the significant reductions.
“As the litigation proceeds, the States cannot simply pause their current and forthcoming disaster response efforts,” wrote Boardman, an appointee of former President Obama who serves in Maryland.
“They will have to fill this void with their own resources,” she continued. “The costs they will incur cannot be recovered at the end of this litigation.”
Created in 1993, AmeriCorps is a federal agency focused on national service that provides stipends to volunteers who respond to various local, state and national challenges.
The Trump administration in April looked to make drastic reductions at AmeriCorps as the Department of Government Efficiency implanted itself across the federal bureaucracy to implement spending cuts.
AmeriCorps reduced its workforce from more than 700 to 116 employees and forced the exit of roughly 30,000 volunteers, the judge noted. AmeriCorps also terminated 1,031 grants, reflecting about half of its total grant funding.
Boardman’s order requires the administration to reinstate the terminated grants in the states that sued and restore members of the National Civilian Community Corps to their posts. But the judge declined to reinstate the laid off employees, saying the states hadn’t shown they have the legal right to sue over that aspect.
“Any harm the defendants might face if the agency actions are enjoined pales in comparison to the concrete harms that the States and the communities served by AmeriCorps programs have suffered and will continue to suffer,” Boardman wrote.
Led by Maryland, the states that sued comprise Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Kentucky, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and Wisconsin. Washington, D.C., also was part of the suit.
Beyond arguing no notice and comment was required, the Trump administration argued the states lack legal standing, do not challenge final agency actions and that their claims must be brought before a court that has exclusive jurisdiction over certain government contract lawsuits.
The Hill has reached out to AmeriCorps for comment.