By Louisa Woodhouse, Senior Associate, Policy and Advocacy
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On June 5, a federal judge in a US District Court in Maryland ruled that the Corporation for National and Community Service (CNCS) violated the Administrative Procedures Act when it failed to engage in notice-and-comment rulemaking and must restore grant funding and rehire the AmeriCorps members in 24 states and the District of Columbia who were laid off per its April 25 order. At least 50 National College Attainment Network (NCAN) member organizations use AmeriCorps members to provide postsecondary advising and success services to students.
The ruling comes in a case filed in April by 24 states and DC against the Trump Administration following the abrupt cancellation of AmeriCorps grants, which impacted states, students, and NCAN member organizations across the country. The lawsuit alleged
that the termination of $400 million in grants and 85% reduction in the workforce effectively halted AmeriCorps’ ability to operate volunteer service programs.
The lawsuit was filed by the attorneys general of Arizona, California, Connecticut, Colorado, Delaware, the District of Columbia, Hawaii, Illinois Maryland, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina,
Oregon, Rhode Island, Vermont, Washington, and Wisconsin, and the governors of Kentucky and Pennsylvania. Attorneys reviewing the ruling report that it appears the preliminary injunction applies not only to the termination of the plaintiff States’
grants, but to the closure of all AmeriCorps programs in those states.
Although this ruling is an important step to address the unlawful termination of programs, there is more advocacy to do to protect future funding for AmeriCorps. NCAN encourages interested members to consider participating in Save AmeriCorps District Days during the month of June led by Voices for National Service.
Shortly following the lawsuit brought by the state attorneys general, NCAN joined 14 other nonprofit organizations as a plaintiff in a related case on
behalf of our members. If a preliminary injunction is also issued in that case, it will provide similar relief to AmeriCorps programs located in states not covered by the June 5 ruling. The lawsuit in which NCAN is a plaintiff is ongoing. There is
a hearing scheduled for June 18.
NCAN will continue to share timely updates as this process unfolds. Please don’t hesitate to reach out to Catherine Brown, Senior Director, Policy & Advocacy, at brownc@ncan.org, with any questions.
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