Trump Administration Reclassifies 50,000 Senior Federal Employees
OPM's Feb. 6 final rule creates a Schedule Policy/Career class that could convert about 50,000 employees to at-will status effective March 9, 2026.
Overview
The U.S. Office of Personnel Management issued a final rule on Feb. 6, 2026, creating a Schedule Policy/Career classification that could convert roughly 50,000 senior federal employees to at-will status effective March 9, 2026, according to the rule.
The rule removes converted employees' ability to appeal adverse personnel actions to the Merit Systems Protection Board and directs whistleblower complaints to agency general counsels, and it notes the Office of Special Counsel no longer operates independently after the president fired its Senate-confirmed leader, according to the rule.
OPM Director Scott Kupor defended the change as necessary to "faithfully execute the laws" in a statement, while critics including Max Stier of the Partnership for Public Service and Skye Perryman of Democracy Forward said the rule will politicize the civil service, according to organizational statements.
OPM said agencies have begun identifying eligible policy-influencing positions, expect to submit finalized lists within 30 days, and the agency received more than 40,000 public comments during rulemaking with 94% opposing the change, according to OPM records.
Legal challenges are already under way, with Democracy Forward and Protect Democracy among groups filing or preparing suits and plaintiffs expected to seek preliminary injunctions before the March 9, 2026 effective date, according to court filings and advocacy groups.
Analysis
Center-leaning sources frame the rule as a threat to the apolitical civil service, emphasizing danger through loaded language ("power to fire vast numbers," "eagerness"), prominent critical voices (Partnership for Public Service, Democracy Forward), and statistics (94% public opposition). Administration rationales and OPM assurances are presented but downplayed, while legal challenges and past firings are foregrounded.
Sources (3)
FAQ
Schedule Policy/Career is a new excepted service category for confidential, policy-determining, policy-making, or policy-advocating positions, such as senior policy analysts, making employees effectively at-will with reduced protections.
The rule takes effect on March 9, 2026, and could convert about 50,000 senior federal employees (roughly 2% of the workforce) to at-will status.
Reclassified employees lose Title 5 removal protections, the right to appeal adverse actions to the Merit Systems Protection Board, and independent whistleblower channels; complaints now go to agency general counsel.
OPM Director Scott Kupor defends it as necessary to execute laws and remove those thwarting priorities; 94% of over 40,000 public comments opposed it, with critics warning of politicization.
Yes, groups like Democracy Forward and Protect Democracy have filed or are preparing lawsuits seeking preliminary injunctions before the March 9, 2026 effective date.[1]
History
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