A federal appeals court has ordered the Trump administration to rehire 19 intelligence officers who were fired over their involvement in diversity, equity, and inclusion (DEI) initiatives. The three-judge panel ruled 2-1 that the CIA and the Office of the Director of National Intelligence (ODNI) violated the employees' constitutional right to due process by failing to follow their own termination procedures.
The officers, who had been assigned to DEI-related work by the Biden administration, argued their firings were arbitrary and lacked evidentiary support. The agencies contended they had the authority to terminate employees without cause. The court disagreed, stating the agencies' regulations granted employees the right to appeal terminations and seek reassignment.
The ruling upholds a lower court injunction that had previously blocked the firings. The Trump administration is expected to appeal the decision. The officers' lawyer, Kevin Carroll, welcomed the ruling, stating that intelligence officers have due process rights and should be reinstated.
The firings occurred after President Trump issued executive orders in January 2025 aimed at eliminating DEI programs in the federal government. The orders described DEI initiatives as "illegal and immoral discrimination programs" that undermine merit-based hiring. The Biden administration had directed the officers to work on DEI projects related to hiring, retention, and advancement.
The court's decision hinged on whether the agencies' termination rules provided employees with the right to appeal and seek reassignment. The majority found that they did, while the dissenting judge argued the agencies had broad discretion in personnel matters. The ruling does not specify when the officers will be rehired or reassigned.