Legal Action Challenges AmeriCorps' Unlawful Program Cuts - TribPapers
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Legal Action Challenges AmeriCorps’ Unlawful Program Cuts

AG Jeff Jackson joined with other states to sue AmeriCorps for withdrawing FEMA help.

Asheville – On April 15, the Corporation for National and Community Service (AmeriCorps) dismissed several of its volunteers, many of whom were in Western North Carolina assisting with hurricane relief. The personnel cuts were part of the termination of several programs.

In an S.O.S., AmeriCorps stated, “A majority of AmeriCorps’ federal staff were placed on paid administrative leave, and two programs – AmeriCorps National Civilian Community Corps and FEMA Corps – were effectively dissolved.” They estimated that the termination of funding would directly affect 30 organizations and 1,700 AmeriCorps positions, while also impacting 32,000 positions overall. “Some organizations that rely heavily on AmeriCorps funds will potentially need to close their doors.”

In Asheville, volunteers working with Project MARS were delivering food, clothing, and other supplies to individuals unable to leave their homes. They also assisted in shelters and schools and operated crisis hotlines. Those involved with Project Conserve helped remove debris, plant new trees, repair stormwater infrastructure, and distribute rain barrels. Volunteers with Project Power managed the collection and distribution of food donations, conducted welfare checks, and oversaw cleanup activities. Additional volunteers collaborated with United Way of Asheville and Buncombe County, Asheville Area Habitat for Humanity, and Children First/Communities in Schools, among other organizations.

In March, AmeriCorps and VolunteerNC entered into a memorandum of understanding to integrate AmeriCorps into the state’s disaster response efforts. According to a recruitment press release issued at that time, AmeriCorps volunteers enhance existing initiatives and “are often involved in disaster recovery for months to years after the initial disaster.”

Statewide, 19 AmeriCorps programs were cut, resulting in the termination of 202 employees. Services provided elsewhere in the state included literacy programs, community gardens, and mental health support for youth.

On April 29, Attorney General Jeff Jackson joined legal representatives from half the states in suing AmeriCorps for the unlawful termination of grants approved by Congress. He asserted that their volunteers had been providing essential services during the hurricane recovery.

The joint complaint states that AmeriCorps was established by an act of Congress in 1993 as a service agency. Until “the so-called Department of Government Efficiency (DOGE)” began cutting federal programs, AmeriCorps supported 200,000 volunteers with stipends and benefits and employed 700 staff members.

On April 25, “after business hours, Defendants began notifying State Service Commissions that nearly $400 million worth of AmeriCorps programs were immediately terminated… Defendants’ notices informed recipients that their programs ‘no longer effectuated agency priorities,’ that they ‘must immediately cease all award activities,’ that ‘all member activities should cease immediately,’ and that they ‘should document that [each] member was exited for compelling personal circumstances due to the agency’s termination of the grant and program closure.’”

The complainants argued that the action was unconstitutional because “the administration’s abrupt decision to dismantle AmeriCorps flouts Congress’s creation of AmeriCorps and assignment of agency duties; usurps Congress’s power of the purse, thereby violating the Constitution’s separation of powers; and arbitrarily and capriciously – without any reasoned analysis – vitiates the agency’s ability to function consistent with its statutory mission and purpose. It also violates a provision of AmeriCorps’ statutory appropriation that requires the agency to make ‘significant changes to program requirements, service delivery, or policy only through public notice and comment rulemaking.’”

In related news, on April 28, Governor Josh Stein appealed to the president to reverse FEMA’s denial of a 180-day extension for 100% reimbursement for hurricane relief expenses, which were projected to total around $60 billion statewide. Stein described this as a “bad decision” and indicated he would prefer a 90-day extension over none at all.

Stein noted that FEMA granted extensions for Hurricanes Katrina, Maria, and Ike. Furthermore, “failing to grant an extension would worsen the already severe economic hardships Western North Carolinians are experiencing. Last year, the state had four state-declared disasters in counties also affected by Helene… The costs for responding to and recovering from those events are adding to our fiscal load.”