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Federal Judge

Message from ANCOR:

A second federal judge has blocked the freeze on federal spending noticed earlier in the week through a memo from OMB.

The order directs the Trump Administration not to “pause, freeze, impede, block, cancel, or terminate defendants’ compliance with awards and obligations to provide federal financial assistance to the states, and defendants shall not impede the states’ access to such awards and obligations” until further arguments can be heard.

The order does not prevent the review of federal programs, only the freeze on federal spending during the review. The OMB memo was rescinded prior to the issuance of the order, but the judge expressed earlier in the week that he was not persuaded that withdrawing the memo removed the underlying harm.

A hearing is expected Monday on the previous restraining order issued earlier in the week. We’ll keep you posted as we learn more.

Lydia Dawson, JD
ANCOR | Vice President of Government Relations
571-932-5375

Photo by Markus Winkler on Unsplash

A federal judge has halted President Donald Trump’s freeze on federal aid programs, ruling that the courts need more time to consider the potentially far-reaching ramifications of his order.

Minutes before the directive from Trump’s budget office was to take effect Tuesday, U.S. District Judge Loren AliKhan blocked the Trump administration from implementing it for now.

AliKhan’s order will expire February 3 at 5:00 pm. The Trump administration cannot suspend disbursement of any congressionally-appropriated funds until then. The judge described the move as a “brief administrative stay” intended to maintain the status quo while further litigation can play out.

“I think there is the specter of irreparable harm,” said AliKhan, an appointee of President Joe Biden.

The ruling is a win for nonprofit and public health groups who said even a brief implementation of Trump’s freeze could cause devastating outcomes for people who rely on federal funds for services, as well as the workers who provide them. The nonprofits also argued the order from the Office of Management and Budget intrudes on First Amendment rights by seeking to block funding for groups that engage in “DEI programs” or promote “Gender Ideology Extremism,” concepts targeted in Trump’s initial round of executive orders.

Justice Department attorney Daniel Schwei had argued that the groups had failed to show that they needed an immediate halt to the order issued by Trump’s budget office and set to take effect at 5:00 pm Tuesday. He said additional guidance offered by the Trump administration should alleviate concerns about the OMB directive cutting off essential programs.

“They request sweeping relief… not tethered to any identified grant programs,” Schwei said. “It would be appropriate to allow these issues to be addressed on a more orderly timeframe.


RCPA will continue to update members as we work with our national partners to gain greater clarification on this Federal action. If you have further questions, please contact your RCPA Policy Director.