Appeals court blocks CIA and ODNI firings of diversity officers

The 4th U.S. Circuit Court of Appeals in Richmond, Virginia, blocked the Trump administration from firing 19 CIA and Office of the Director of National Intelligence officers who had been assigned to diversity-related jobs, ruling that the agencies must first let them seek reassignment and pursue internal appeals. The 2-1 decision upheld an injunction that had already stopped the dismissals. U.S. District Judge Anthony J. Trenga had required the employees to remain on the payroll while they challenged their terminations and sought different positions inside the CIA and ODNI. The appeals court held that the agencies had to follow their own binding regulations under Fifth Amendment due-process protections.

The ruling centered on 19 career intelligence officers who had been temporarily assigned to DEI-related roles, not permanently hired into them. They were part of a larger group of 58 CIA and ODNI employees placed on paid administrative leave because of those assignments, and all 58 remained on leave when the panel ruled. The firings followed a January 2025 executive order from President Donald Trump that sought to eliminate DEI programs across the federal government; CIA Director John Ratcliffe and former Director of National Intelligence Tulsi Gabbard acted to carry out that order.

Kevin Carroll, the plaintiffs’ lawyer, welcomed the decision and said it recognized that intelligence officers have Fifth Amendment due-process rights. The majority agreed that agencies cannot ignore their own procedures when terminating employees.

Judge Paul Niemeyer dissented, saying the agencies’ leaders had “unfettered discretion” under the law to remove employees.