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The Biden administration has implemented a new rule to protect career federal workers from political interference, aimed at preventing any potential efforts by former President Donald Trump to alter or reduce the federal workforce if he were to win another term. President Joe Biden described the rule as a step toward combating corruption and partisan interference. This rule reverses Trump’s executive order that allowed for more leeway in hiring and firing federal employees, leading to concerns about politicizing the civil service and potentially pushing out career officials for political reasons.

The finalized rule safeguards federal employees from political firings and ensures that they are hired based on merit and expertise rather than political affiliations. It clarifies existing rights for career civil servants, making it clear that civil service protections cannot be taken away unless employees give them up voluntarily. This rule impacts various federal workers across different agencies, from US Customs and Border Protection to the US Postal Service. The goal is to have an independent federal workforce that is not beholden to any individual.

The Biden administration official noted that this rule would be challenging to roll back in the event of a second Trump term. Any future administration would need to justify through a new regulatory process why federal career employees should focus on factors other than merit and expertise in their jobs. The rule could potentially slow down any efforts by a future administration to change policies, as it would require a lengthy process to repeal the existing rule through notice and comment rulemaking.

While the new rule is a positive step in protecting federal workers, Rep. Gerry Connolly emphasized the need for further action to prevent a politicized civil service. Legislation introduced by Connolly and Rep. Brian Fitzpatrick aims to codify protections for federal employees permanently. However, with a divided Congress, passing such legislation may be challenging. Unions representing federal workers, such as the American Federation of Government Employees and the National Treasury Employees Union, applauded the new regulation for reinforcing and clarifying federal employees’ due process rights and civil service protections.

The American Federation of Government Employees praised President Biden’s action for strengthening the apolitical civil service and preventing efforts to return the government to a corrupt spoils system. The National Treasury Employees Union also lauded the new rule, noting that it will make it more challenging for any president to remove nonpartisan professionals from federal agencies for political reasons. Frontline federal employees are considered non-political appointees for a reason, as they provide critical services to the government. Overall, the new rule aims to uphold the integrity of the federal workforce and protect career civil servants from political interference.

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