The Federal Hiring Freeze: What Employees and Job Applicants Need to Know

On his first day back in office, President Trump ordered a freeze on hiring across the federal government. The freeze applies to “the hiring of Federal civilian employees . . . throughout the executive branch,” with exceptions for “military personnel of the armed forces [and] positions related to immigration enforcement, national security, or public safety.”

The federal hiring freeze took effect at noon on January 20, 2025, preventing both: (i) filling vacant positions; and, (ii) creating and filling new positions, unless the Office of Personnel Management (OPM) grants an exemption. Additionally, by April 20, 2025, the Director of the OPM, along with the Director of the Office of Management and Budget (OMB) and the Administrator of the United States DOGE Service (USDS), must “submit a plan to reduce the size of the Federal Government’s workforce through efficiency improvements and attrition.”

Five Key Facts About President Trump’s “Hiring Freeze” Memorandum

While President Trump’s January 20, 2025 memorandum is simply labeled “Hiring Freeze,” it is subject to certain exceptions, and it also goes much further than placing a limited temporary hiring freeze on the civilian federal workforce. Here are five key facts about Trump’s “Hiring Freeze” memorandum:

1. The Federal “Hiring Freeze” Applies to Open and Future Positions

As noted above, the federal hiring freeze applies to both open and future positions. The memorandum states:

“As part of this freeze, no Federal civilian position that is vacant at noon on January 20, 2025, may be filled, and no new position may be created except as otherwise provided for in this memorandum or other applicable law.”

This has been interpreted as not only preventing federal agencies from making new hires, but also as requiring federal agencies to revoke pending job offers. For example, as Reuters reported on January 27, 2025, the U.S. Department of Justice (DOJ) and other federal agencies have revoked job offers to dozens of new lawyers, and “[m]ore than 2,000 jobs and summer internships are canceled or on hold.” Outside of the legal field, the number of job opportunities lost as a result of the freeze is almost certainly already far greater.

A briefing statement issued by the White House at the same time as Trump’s “Hiring Freeze” memorandum states, “[President Trump] will freeze bureaucrat hiring except in essential areas to end the onslaught of useless and overpaid DEI activists buried into the federal workforce.” Despite this politicized statement, the federal hiring freeze is not limited to so-called “DEI hires,” but instead applies across the federal workforce.

2. The Federal Hiring Freeze is Subject to Specific Exceptions

While the federal hiring freeze is extraordinarily broad, it is subject to certain specific exceptions. For example, in addition to the exceptions for military, immigration enforcement, national security and public safety personnel noted above, the “Hiring Freeze” memorandum states:

  • “[N]othing in this memorandum shall adversely impact the provision of Social Security, Medicare, or Veterans’ benefits.”
  • “[T]he Director of the Office of Personnel Management (OPM) may grant exemptions from this freeze where those exemptions are otherwise necessary.”
  • The memorandum “does not limit the hiring of personnel where such a limit would conflict with applicable law,” and “does not abrogate any collective bargaining agreement in effect on the date of this memorandum.”

Even so, given the current Administration’s focus on reducing the size of the federal workforce and the OPM’s support for the Administration’s position, exceptions are likely to be limited, and agencies across the federal government are likely to be hesitant to pursue new hires—at least in the short term. Beyond eliminating numerous job opportunities, this will also place additional strain on current federal employees, who are also being forced to return to in-office work and contend with other new operational and budgetary constraints.

3. The Federal Hiring Freeze is Set to Last for Up to 90 Days (Except for the IRS)

Once the OPM, OMB and USDS issue the plan required under the “Hiring Freeze” memorandum, the federal hiring freeze will end—with one significant exception. President Trump’s memorandum provides that the hiring freeze “shall remain in effect for the IRS until the Secretary of the Treasury, in consultation with the Director of OMB and the Administrator of USDS, determines that it is in the national interest to lift the freeze.” Endowed with additional funding under the Inflation Reduction Act of 2022, the IRS had recently been conducting a substantial volume of hires in order to enhance both its tax return processing and enforcement capabilities.

4. The “Hiring Freeze” Memorandum Doesn’t Just Apply to Hiring

As noted above, in addition to requiring a temporary federal hiring freeze, President Trump’s January 20, 2025 memorandum also requires the OPM, OMB and USDS to develop a plan for “efficiency improvements and attrition.” Thus, not only is the goal to prevent the federal workforce from growing, but ultimately to shrink its size.

We’ve seen other direct and indirect efforts to reduce the size of the federal workforce already. Along with President Trump’s highly publicized firings of inspectors general and DOJ personnel, this includes initial efforts to implement Trump’s in-person work order, which is causing many employees to reconsider their federal employment. According to reports, the Trump Administration currently intends to offer a payout to those who leave their federal positions voluntarily by February 6, 2025.

5. Federal Employees Still Have Legal Rights

Despite all that is going on, federal employees and job applicants still have clear legal rights. If you believe that you are being treated unfairly, singled out for removal, or otherwise facing any prohibited personnel practice (PPP) or other unlawful employment action, you can—and should—consult with a federal employment lawyer. Our lawyers are available to answer your questions, and we invite you to contact us for a free and confidential consultation.

Schedule a Free and Confidential Consultation at Bell Law Group

Do you have questions about your legal rights as a federal employee or job applicant? To schedule an appointment with a federal employment lawyer at Bell Law Group, please call 516-585-3718 or inquire online today.

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