State Department Finalizes Diplomat Layoffs Despite Congress

The State Department is moving forward with the official separation of Foreign Service officers this Friday, December 5, despite a government shutdown-ending deal that lawmakers say should have protected them. The decision sets up a legal battle over whether the Trump administration is violating federal law to push through controversial diplomatic layoffs.

In a notice sent Monday evening, the department's Bureau of Global Talent Management told employees who received reduction-in-force notices on July 11 that their separation date is imminent. State Department attorneys determined that the recent stopgap spending bill passed by Congress does not require the agency to rescind any RIF notices sent before the October 1 government shutdown began.

"Following formal written guidance from both the Office of Management and Budget and Department of Justice Office of Legal Counsel, the Department of State's Office of the Legal Adviser has determined that completing the reductions in force noticed prior to the lapse in appropriations does not violate the Antideficiency Act or any other restriction," the memo states.

The American Foreign Service Association immediately pushed back, calling the interpretation a violation of congressional intent and promising legal action.

Congress Says the Law is Clear

The continuing resolution passed by Congress on November 12 includes explicit language meant to protect federal workers. Section 120 states that "any reduction in force proposed, noticed, initiated, executed, implemented, or otherwise taken by an Executive Agency between October 1, 2025, and the date of enactment, shall have no force or effect."

"We understand that Congress intended for this language to apply to as many federal employees as possible, including those who received layoff notices from the State Department on July 11," AFSA wrote last month.

Senator Tim Kaine (D-Va.), who was instrumental in securing the RIF protections as part of the shutdown-ending deal, said the provision "is clear: any RIF that was initiated on or since October 1 is null and void, and any RIF not completed by October 1 is halted."

Kaine was one of eight Democratic senators who broke ranks to pass the stopgap spending bill specifically after Republicans agreed to include language protecting federal employees from layoffs through January 30, 2026. He led the push alongside Senators Ed Markey (D-Mass.), Jack Reed (D-R.I.), and Patty Murray (D-Wash.), who jointly stated the moratorium on RIFs is "broad, clear and unequivocal."

The State Department disagrees. Department attorneys argue that because RIF notices were sent on July 11—before the October 1 shutdown—the separations can proceed. Foreign Service officers received 120 days notice, meaning their official separation was scheduled for November. When the shutdown delayed that timeline, it pushed the separations into the period supposedly protected by the continuing resolution.

A Pattern Across Agencies

The State Department is not alone in interpreting the congressional mandate narrowly. The Small Business Administration originally sent RIF notices to around 75 employees in April. After the shutdown ended, SBA sent employees a message saying the layoffs were canceled due to the continuing resolution. The following day, SBA reversed course and told the same employees the RIFs were back on and they should ignore the previous communication.

The General Services Administration took a similar position. In a November 24 letter, GSA's Associate General Counsel told attorneys for 35 former employees that their RIF notices "were issued before and separate from the lapse in appropriations occurring on October 1, 2025, and are outside of the intended scope of the Act and its provisions on RIFs."

Agencies reported to a federal court last week that they rescinded shutdown-era RIF notices for more than 3,600 employees. But thousands more who received notices before the shutdown remain in limbo, with agencies arguing the congressional protections do not apply to them.

The Human Cost of Diplomatic Cuts

The State Department laid off 1,350 employees on July 11—1,107 civil servants and 246 Foreign Service officers currently assigned to domestic posts in the United States. Civil servants were officially separated after 60 days in September. Foreign Service officers, who receive 120 days notice, have been on administrative leave since July.

The cuts represent approximately 15 percent of the department's total workforce. When combined with earlier departures through deferred resignation programs and office closures, AFSA estimates the State Department has shed at least 20 percent of its Foreign Service workforce this year.

"In less than six months, the U.S. has shed at least 20 percent of its diplomatic workforce through shuttering of institutions and forced resignations," AFSA said in a statement. "There were clear, institutional mechanisms available to address excess staffing, if that had been the goal. Instead, these layoffs are untethered from merit or mission."

The cuts hit some offices harder than others. The Bureau of Global Talent Management—the department's own human resources office—lost more than 150 employees, the largest number of any bureau. The Bureau of Consular Affairs lost more than 100 employees, though about 25 who oversee passport operations were quickly reinstated after the department realized the error. The Bureau of Overseas Buildings Operations, which manages international real estate, lost nearly 100 employees.

AFSA President John Dinkelman, himself laid off after 37 years of service, described receiving his termination notice at 10:53 AM on a Friday morning. "I had about six hours to clear out and not let the door hit me as I left," he told NPR.

Weakening American Diplomacy

Former CIA Director William Burns, who served under six presidents, called the cuts dangerous. "I've never known a more combustible global moment than the one we face today," Burns said.

The American Academy of Diplomacy, which includes hundreds of former senior diplomats, stated bluntly that the layoffs "will seriously undermine the ability of our government to understand, explain, and respond to a complex and increasingly contested world."

"At a time when the United States faces unprecedented challenges from strategic competitors and adversaries, ongoing conflicts in Central Europe, Africa, and the Middle East, and emerging security threats, the decision to gut the Department of State's institutional knowledge and operational capacity is an act of vandalism," the organization said.

AFSA President Tom Yazdgerdi noted that even before the cuts, the Foreign Service was already short-staffed to the point where junior officers were taking on positions beyond their experience and qualifications. "Even before this administration, we were facing a situation where there was burnout overseas. There weren't enough mid-level officers to staff our embassies. That's the kind of situation that this administration came into. And they, of course, wanted to cut even further."

Among those laid off were diplomats working on countering violent extremism, assisting Afghan refugees who fled the Taliban takeover, managing educational exchanges, and addressing issues related to women's rights, refugees, and climate change.

Notably, at least 10 laid-off Foreign Service officers appeared on the State Department's annual promotion list distributed in August—they earned promotions they will never benefit from because their offices were eliminated.

What Happens Next

"This action flies in the face of the current funding law, which clearly prohibits using any federal resources to carry out layoffs during this period," AFSA said Tuesday. "That includes sending notices, processing paperwork, or taking any step to advance these separations."

The union is pursuing legal action in coordination with the American Federation of Government Employees. The case will test whether the Trump administration's legal interpretation holds up in court, or whether judges will side with the plain language of the statute and congressional intent.

One soon-to-be former Foreign Service officer, a former attorney, called the administration's legal argument "absolute BS." The employee said impacted staff are speaking with legal counsel and contacting lawmakers' offices, adding: "They are moving quickly and basically saying, 'Sue us.'"

The December 5 separation date gives laid-off employees just days to mount a legal challenge. For 250 Foreign Service officers, Friday will mark the end of diplomatic careers that in many cases spanned decades serving American interests around the world.

For thousands more federal employees across multiple agencies who received pre-shutdown RIF notices, the State Department's decision signals that agencies plan to interpret congressional protections as narrowly as possible—and that the Trump administration is willing to test the boundaries of what the law allows.

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