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Washington, D.C.—A federal district court judge today returned to the Department of Homeland Security (DHS) and the Office of Personnel Management (OPM) illegal DHS personnel rules with instructions that if they choose to revise them it must be done in accordance with a strongly-worded ruling by a federal appeals court. The judge retained jurisdiction over the case and directed DHS to report back on the status of its plans regarding the regulations in nine months.

The decision was announced today by Judge Rosemary Collyer at a status conference involving DHS and the National Treasury Employees Union (NTEU). Fifteen months ago, the judge—acting in a suit in which NTEU was lead counsel for several federal unions—enjoined DHS from implementing its personnel rules.

The district court found the regulations, which would have severely restricted employees’ collective bargaining, due process and appeal rights, violated the Homeland Security Act (HSA), which established DHS, by failing to meet the congressional mandate that the agency “ensure” collective bargaining for its employees.

The lower court judge then rejected a motion from DHS that she narrow her injunction. Her decision was not only upheld, but her rationale was broadened, by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit. DHS subsequently let a late September deadline pass without pursuing an appeal to the U.S. Supreme Court.

NTEU President Colleen M. Kelley noted that NTEU advocated the course taken by the judge today, and she welcomed the action. “Both the district and the appeals courts have spoken clearly and forcefully on this issue,” she said. “The rules put forward by DHS and OPM are not only illegal, they are a step backward in efforts to improve the security of our nation.”

The NTEU leader added: “It is time for this administration to realize and accept the reality that dedicated DHS employees are not the adversary. Protecting our country and recognizing the rights of those who are actively engaged in doing so are two sides of the same coin.”

NTEU is the largest independent federal union, representing some 150,000 employees in 30 agencies and departments, including more than 14,000 in the DHS Bureau of Customs and Border Protection.