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Column: Investing through index funds is more popular than ever, so why is it becoming controversial?

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Column: Investing through index funds is more popular than ever, so why is it becoming controversial?

The share of adult Americans who own stocks is approaching an all-time high of 63%, which may explain why events such as the surge in “meme” stocks like GameStop gets such generous play in the news.

But it doesn’t explain why the investment vehicles that dominate Americans’ portfolios — passive mutual funds tied to market indexes such as the Standard & Poor’s 500 — have traditionally drawn so much less interest in the news media.

That may be changing, thanks to concerns about index funds expressed across the partisan spectrum. To put these concerns simply, Democrats and progressives are uneasy about the concentration of investment power in the hands of a few fund management firms that vacuum the vast bulk of investment dollars into their index funds, notably BlackRock, Vanguard and State Street.

Control of most public companies…will soon be concentrated in the hands of a dozen or fewer people.

— John C. Coates, Harvard Law School (2018)

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Republicans and conservatives also fret about the concentration of power, but their concern is more specific — they complain that the passive fund managers deploying $15 trillion in assets globally are surreptitiously pushing a liberal agenda on corporate managements, especially in “ESG” categories, the environment, social issues and corporate governance.

That was the claim of 21 red state attorneys general, who groused last year in letters to the big asset management firms that they appeared to be pressing managers of their portfolio companies to act against global warming (as though that’s a bad thing).

More on that in a bit. First, a primer on passive investing and why it attracts so much money.

As so many investors have learned from bitter experience, trying to pick individual winners in the stock market is a mug’s game.

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Doing the financial analysis necessary to judge the potential gains of individual stocks is a full-time job, and most people already have full-time jobs. Few have the financial resources to brave the periodic downdrafts in the stock market without quailing. (As J.P. Morgan supposedly advised a friend who said he was so worried about his portfolio that he couldn’t sleep at night, “Then sell down to your sleeping point.”)

Enter the index mutual fund. Jack Bogle of Vanguard launched the first such fund to be widely marketed to retail investors in 1975. It was designed to match the performance of the S&P 500 simply by replicating its holdings and their weighting in the index. It was, in short, a way for the average investor to ride the ups and downs of the stock market effortlessly.

Index funds have several virtues. Because the makeup of the 500 index changes only rarely, the 500 fund and funds like it make few purchases or sales. That reduces transaction costs, which allowed Bogle to keep fees low. They’re also tax-friendly — because they don’t have to sell stocks very often, they incur minimal capital gains taxes, which would be passed through to its investors.

The Vanguard 500 fund, along with other index funds, exposed the dirty little secret of the brokerage industry: “Active” fund managers, who bought and sold vigorously to dump losing stocks and ride winners, seldom did better than the broad market.

Over the last year, only about 40% of actively managed large-company funds did better than the S&P 500 index, according to S&P’s SPIVA scorecard (for “S&P Indices Versus Active”). Over the last 10 years, only about 12.6% of large-cap funds beat the S&P 500.

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It’s true that a stock-picker here or there will have a successful run, but rarely for more than a few years. The most famous, Peter Lynch of Fidelity Investments, had a gilt-edged run from 1977 to 1990, during which he built Fidelity’s Magellan Fund from $18 million in assets to $14 billion. In that time span Magellan averaged an annual return of 29%, possibly the most successful such run ever.

But Lynch had some advantages that are rarely noted: For the first four years of his management, Magellan was a private investment fund for Fidelity’s founding Johnson family; it wasn’t opened to outsiders until 1981. For years after that it was relatively small, which is almost always an advantage for fund managers.

By the end of Lynch’s tenure Magellan was a behemoth struggling to eke out “a razor thin margin of victory,” as an investment expert put it. Magellan actually fell behind the S&P 500 in two of Lynch’s final four years of management.

That’s not unusual. Fewer than 5% of all actively managed funds remain in the top half of funds by performance for even five years.

So it’s not surprising that passively managed index funds have outrun active funds for years. Finally, as of the end of December according to Morningstar, assets in passive investments including mutual funds and exchange-trade funds exceeded those in active investments, $13.29 trillion vs. $13.23 trillion. That gap is destined to widen.

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But that success has generated a backlash. The issue boils down to whether there can be too much passive investing and if so, how much is too much.

What unnerves some market experts is that passive investors by their nature don’t care what they’re buying — in fact, they usually don’t even know. (How many owners of Vanguard’s S&P 500 index fund can name even 10 stocks in the index?) That relieves them of the chore, even the duty, of making judgments about a company’s future, its competitive behavior, its prospects.

A 2014 academic paper suggested that, because index fund investors are likely to own all the major competitors in a given industry (because all are in the S&P 500), aggressive competing by one will reduce the value of the others, possibly lowering the value of the index.

So pressure on corporate managers to increase market share evaporates, and the industry begins to resemble a monopoly, which produces a “loss for the economy and adverse consequences for consumers.”

A related drawback comes from the dominance of the passive asset business by a small number of huge brokerage firms. This is what legal expert John C. Coates of Harvard Law School called “the problem of twelve” — that “control of most public companies … will soon be concentrated in the hands of a dozen or fewer people,” namely, the top managers of the biggest passive investment firms.

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They, not individual investors, will decide what corporate policies should be, and they’ll have access to trillions of dollars in assets belonging to billions of uncaring investors to make their own views heard.

That’s the prospect that had the red-state attorneys general vibrating.

“You are not the same as political or social activists,” they wrote, “and you should not be allowing the vast savings entrusted to you to be commandeered by activists to advance non-financial goals.” Among those goals, they wrote, is changing corporate behavior “so that it aligns with the Environmental, Social, and Governance (ESG) goal of achieving net zero by 2050.” (That is, achieving neutral impact on global warming by that year.)

There are a couple of problems with the red-staters’ argument. For one thing, there’s no evidence that ESG policies are necessarily at odds with the goals of the average investor, who may indeed favor increasing diversity and fighting the threat of global warming. Some investors may indeed see the improvement of social and environmental conditions as a responsibility of corporate managements.

Another problem is that defining racism and global warning as “non-financial” problems is a crabbed, highly partisan and erroneous viewpoint. A company that allows racial discrimination to reign on its factory floors is asking for regulatory problems and for a loss of customers. There are precious few businesses that will be immune from the costs of global warming, which could force them to close or relocate plants or deplete their profits.

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The authors of that threatening letter are performing for what may be a very narrow and shrinking voting base. They’re the ones who may be pushing “non-financial” policies on corporations; they’re just too blind to see the possible costs of the status quo. They’re backed by right-wing organizations.

That said, the concentration of financial power in passive investment funds has raised concerns in Washington, and not only among conservatives. In April, the board of the Federal Deposit Insurance Corp., a major federal bank regulator, began pondering whether the biggest index fund firms may own enough shares in banks to exercise unwelcome policy control.

Members of the FDIC board — Republican Jonathan McKernan and Democrat Rohit Chopra — met jointly with executives from BlackRock and Vanguard to get a better sense of their bank holdings, the Wall Street Journal reported.

Nothing has come of those meetings as yet, but the big passive investment firms have taken steps to give their investment customers more say in how their shares are voted on shareholder proposals at corporate annual meetings.

Up to now, the firms have done the voting of what may be sizable holdings in stocks in individual companies, often following the lead of proxy advisory services such as Glass, Lewis & Co. or Institutional Shareholder Services. Starting in 2022, BlackRock afforded clients in some of its funds to make their own voting decisions.

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The firm says that by the end of last year, investors in funds valued at $2.6 trillion of its $5.2 trillion in equity index funds were eligible to participate in what it calls Voting Choice; clients with $598 billion in holdings in those funds participated.

Vanguard introduced a pilot program along the same lines last year and expanded it this year. Investors in five of its equity index funds can choose from among four approaches: casting votes consistent with a portfolio company management’s recommendations; voting along with the ESG recommendations of Glass Lewis; leaving their vote up to Vanguard; or not casting a vote at all.

Whether that will quell the backlash against concentrated passive investing isn’t clear just yet. It may energize more investors to pay attention to the companies in their index funds. Or, given that retail investors are known not to bother voting on shareholder resolutions, it could even strengthen the hand of the big firms in seeking to guide policy of indexed corporations.

The only thing that everyone seems to agree on is that passive investing does better than active management — at the moment. Whether or when that tide will turn … who knows?

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Help! I Couldn’t Take My Tall-Ship Voyage, and I Want My Money Back.

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Help! I Couldn’t Take My Tall-Ship Voyage, and I Want My Money Back.

Last summer, I booked a five-day sailing trip with Tall Ship Experience, a company based in Spain. For 1,350 euros, or $1,450, I would be a volunteer on the crew of the Atlantis, sailing between two ports in Italy. But eight days before, I had a bad fall that resulted in multiple injuries, including eight stitches to my face that doctors said I could not expose to sun or water. The Tall Ship Experience website clearly states that I could cancel for a full refund up to seven days before the trip. But the company revealed it was just an intermediary and the Dutch organization actually running the trip, Tallship Company, had different rules, under which I was refunded 10 percent. I offered to take credit for a future trip, to no avail. Finally, I disputed the charges with my credit card issuer, American Express. But Tall Ship Experience provided a completely different set of terms to Amex, saying I canceled one day in advance. The charges were reinstated. Can you help? Martha, Los Angeles

This story reads like a greatest-hits playlist of travel industry traps: a middleman shirking responsibility, terms and conditions run amok, a credit card chargeback gone wrong, and the maddening barriers to pursuing justice against a foreign company. However, the documentation you sent was so complete and the company’s website so confusing that I was sure Tall Ship Experience would quickly refund you.

Tallship Company did not respond to requests for comments, but did nothing wrong. It simply followed its own terms and conditions that Tall Ship Experience, as a middleman, should have made clear to you. When you canceled, Tallship Company sent back a 10 percent refund to Tall Ship Experience to then send to you.

That’s why I was surprised that the stubborn (though exceedingly polite) Tall Ship Experience spokeswoman who responded to me on behalf of the Seville-based organization argued repeatedly that although she regretted your disappointment, Tall Ship Experience was not at fault. At one point she suggested you should have purchased travel insurance, even as the company scrambled to adjust and update its website as we emailed.

Before the changes, the site contained two distinct and contradictory sets of terms and conditions: one for customers who purchased via the website’s English and French versions, and another on the Spanish version. (Confusingly, both documents were in Spanish.)

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The English/French version — the one you had seen — promised customers a full refund for trips canceled more than seven days in advance. The Spanish one is vastly more complex, offering distinct cancellation terms for each ship. The Atlantis offered customers in your situation only 10 percent back.

Enter the stubborn spokeswoman: “The terms and conditions in Spanish correctly reflected the cancellation policy of the ship in the moment the client made the reservation,” she wrote via email. “We are conscious that at the time, the English version of the terms was not updated, which may have generated confusion. However, the official terms of the reservation were applied correctly.”

In other words, customers should somehow know to ignore one contract and seek out another on a different part of the site, both in a language they may not read.

But I am no expert in Spanish consumer law, so I got in touch with two people who are: Marta Valls Sierra, head of the consumer rights practice at Marimón Abogados, a law firm based in Barcelona; and Fernando Peña López, a professor at the Universidade da Coruña in A Coruña.

They examined the documentation and each concluded independently that Tall Ship Experience had violated basic Spanish consumer statutes. When I passed along their convincing points to the spokeswoman and alerted her that you were considering taking the company to Spanish small-claims court, she finally said it would refund you the remaining €1,215.

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I felt a bit sheepish about exerting so much pressure on this small company — actually, an arm of the nonprofit Nao Victoria Foundation, which operates several replicas of historic ships — but the company should have taken much more care when it set up its website, Ms. Valls Sierra told me.

“If in your terms and conditions you say that up until seven days before departure you have the right to cancel,” she said in an interview, “and a consumer comes and says, ‘I want to cancel,’ you have to cancel their trip and return their money. They can’t use ‘Sorry, we forgot to put it on one web page, but we put it on another web page’ as an excuse.”

It is a principle of consumer law, she added, that confusing or contradictory contracts are interpreted in favor of the consumer.

The other troubling issue with the website is that you had no way of knowing that your trip was not operated by Tall Ship Experience. There was no such mention I could find on the website, which relies on marketing copy like this: “On board you will learn everything you need to know that will allow you to become one of our crew.”

Dr. Peña López, the law professor, wrote me in an email that “Tall Ship Experience is obligated to inform the consumer about the service it provides in an accessible and understandable manner, clearly indicating whether it is an intermediary.” He added that Tall Ship Experience “clearly” presented itself as the ship’s operator in this case.

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As I mentioned, Tall Ship Experience did begin updating its site almost as soon as I got in touch, calling itself a “marketplace” for experiences and posting the correct terms and conditions (in the correct languages) on its English and French pages.

But Tall Ship Experience agreed to a refund only after I sent the company a compilation of the two experts’ legal analyses. “We are dedicated to creating experiences aboard unique boats, and not to legal matters,” came the spokeswoman’s response. “Regardless of which party is correct in this case, we would like to refund the full amount. We look forward to putting this to rest and to focus on continuing to improve customer experiences.”

You also said that American Express had let you down, by taking the company’s word over yours when you contested the charge. It is true that the document Tall Ship Experience sent to Amex (which forwarded it to you, who forwarded it to me), is wildly inaccurate, including only the terms favorable to the company and saying you canceled only one day in advance.

A spokeswoman for American Express emailed me a statement saying that the company “takes into account both the card member and the merchant perspectives.” But travelers should not mistake credit card issuers for crack investigators who will leave no stone unturned in pursuit of travel justice. A chargeback request works best when the problem is straightforward — you were charged more than you agreed to pay, or you never agreed to pay at all. Asking your card issuer to do a deep dive into terms and conditions is a much longer shot.

And as we’ve seen before (and might be seeing in this case) such chargeback requests often anger the companies involved to the point that they refuse to deal with you further.

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If all else had failed, as I told you before the company gave in, you could have requested a “juicio verbal,” Spain’s version of a small-claims-court proceeding, via videoconference. It would not have been easy, said Dr. Peña López. Cases under €2,000 do not require a lawyer, but they do require you to have a Foreigner Identification Number, to fill out forms in legal Spanish (A.I. might help) and to find an interpreter to be by your side.

When I finally told you — in our 39th email! — you’d get a refund, you told me you had been “almost looking forward to a Spanish small-claims experience.” I admire your spirit, although I suspect it would have been quickly broken by bureaucratic and linguistic barriers.

If you need advice about a best-laid travel plan that went awry, send an email to TrippedUp@nytimes.com.


Follow New York Times Travel on Instagram and sign up for our Travel Dispatch newsletter to get expert tips on traveling smarter and inspiration for your next vacation. Dreaming up a future getaway or just armchair traveling? Check out our 52 Places to Go in 2025.

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In dizzying reversal, Trump pauses tariffs on most Mexican products

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In dizzying reversal, Trump pauses tariffs on most Mexican products

In a dizzying turn, President Trump said Thursday that the U.S. would temporarily reverse the sweeping tariffs it imposed just days ago on most Mexican products.

In a post on Truth Social, Trump said he would delay for one month the imposition of 25% taxes on Mexican imports that fall under a free trade agreement that he negotiated during his last term.

His remarks follow comments from U.S. Commerce Secretary Howard Lutnick, who on Thursday said in a television interview that Trump was “likely” to temporarily suspend 25% tariffs on Canada and Mexico for most products and services, widening an exemption that was granted Wednesday only to vehicles.

Lutnick told CNBC that the one-month delay in the import taxes “will likely cover all USMCA-compliant goods and services,” a reference to the U.S.-Mexico-Canada trade agreement, the North America free trade pact Trump negotiated in his last term. Lutnick said around half of what the U.S. imports from Mexico and Canada would be eligible.

Lutnick said the reprieve will last only until April 2, when the Trump administration has said it will impose reciprocal tariffs on countries to match the ones they have on U.S. exports. Later, he said that if Canada and Mexico don’t do enough to stop fentanyl from entering the United States, the 25% tariffs could be reapplied in a month as well.

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On Tuesday, the U.S. began placing duties of 25% on imported goods from Mexico and Canada, with a 10% rate on Canadian energy products. It also began imposing a new 10% tax on all imports from China.

Trump has said the tariffs are punishment because the three countries haven’t done enough to stop the flow of immigrants without proper documentation and drugs into the United States — and are an attempt to lure manufacturing back to the United States.

China and Canada responded forcefully, both imposing retaliatory tariffs on U.S. goods. Mexican President Claudia Sheinbaum had said that Mexico would also respond with counter tariffs, and had planned to announce them Sunday at a public rally in Mexico City’s central square.

In Canada, Prime Minister Justin Trudeau said he welcomed news that the U.S. would delay, but said Canada’s imposition of retaliatory tariffs will remain in place for now. “We will not be backing down from our response tariffs until such a time as the unjustified American tariffs [on] Canadian goods are lifted,” he said.

Trudeau told reporters that the U.S. and Canada are “actively engaged in ongoing conversations in trying to make sure these tariffs don’t overly harm” certain sectors and workers.

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Trump’s Cuts to Federal Work Force Push Out Young Employees

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Trump’s Cuts to Federal Work Force Push Out Young Employees

About six months ago, Alex Brunet, a recent Northwestern University graduate, moved to Washington and started a new job at the Consumer Financial Protection Bureau as an honors paralegal. It was fitting for Mr. Brunet, 23, who said he had wanted to work in public service for as long as he could remember and help “craft an economy that works better for everyone.”

But about 15 minutes before he was going to head to dinner with his girlfriend on the night before Valentine’s Day, an email landed in his inbox informing him that he would be terminated by the end of the day — making him one of many young workers who have been caught up in the Trump administration’s rapid wave of firings.

“It’s discouraging to all of us,” Mr. Brunet said. “We’ve lost, for now at least, the opportunity to do something that matters.”

Among the federal workers whose careers and lives have been upended in recent weeks are those who represent the next generation of civil servants and are now wrestling with whether they can even consider a future in public service.

The Trump administration’s moves to reduce the size of the bureaucracy have had an outsize impact on these early career workers. Many of them were probationary employees who were in their roles for less than one or two years, and were among the first to be targeted for termination. The administration also ended the Presidential Management Fellows Program, a prestigious two-year training program for recent graduates interested in civil service, and canceled entry-level job offers.

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The firings of young people across the government could have a long-term effect on the ability to replenish the bureaucracy with those who have cutting-edge skills and knowledge, experts warn. Donald F. Kettl, a former dean in the School of Public Policy at the University of Maryland, says that young workers bring skills “the government needs” in fields like information technology, medicine and environmental protection.

“What I am very afraid of is that we will lose an entire generation of younger workers who are either highly trained or would have been highly trained and equipped to help the government,” Mr. Kettl said. “The implications are huge.”

The administration’s downsizing could have a lasting impact, deterring young workers from joining the ranks of the federal government for years, Mr. Kettl said.

About 34 percent of federal workers who have been in their roles for less than a year are under the age of 30, according to data from the Office of Personnel Management. The largest single category of federal workers with less than a year of service are 25- to 29-year-olds.

The federal government already has an “underlying problem” recruiting and retaining young workers, said Max Stier, the president of the Partnership for Public Service. Only about 9 percent of the 2.3 million federal workers are under the age of 30.

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“They’re going after what may be easiest to get rid of rather than what is actually going to make our government more efficient,” Mr. Stier said.

Trump administration officials and the billionaire Elon Musk, whom the president has tasked with shrinking the federal government, have defended their efforts to cut the work force.

“President Trump returned to Washington with a mandate from the American people to bring about unprecedented change in our federal government to uproot waste, fraud and abuse,” Harrison Fields, a White House spokesman, said in a statement.

Mr. Trump has vowed to make large-scale reductions to the work force, swiftly pushing through drastic changes that have hit some roadblocks in court.

Last week, a federal judge determined that directives sent to agencies by the Office of Personnel Management calling for probationary employees to be terminated were illegal, and the agency has since revised its guidance. Still it is unclear how many workers could be reinstated.

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The abrupt firings that have played out across the government so far came as a shock to young employees.

They described being sent curt messages about their terminations that cited claims about their performance they said were unjustified. There was a frantic scramble to download performance reviews and tax documents before they were locked out of systems. Some said they had to notify their direct supervisors themselves that they had just been fired.

On the morning of Feb. 17, Alexander Hymowitz sat down to check his email when he saw a message that arrived in his inbox at 9:45 p.m. the night before. An attached letter said that he had not yet finished his trial period and was being terminated from his position as a presidential management fellow at the Agriculture Department. It also said that the agency determined, based on his performance, that he had not demonstrated that his “further employment at the agency would be in the public interest.”

Mr. Hymowitz, 29, said he was dumbfounded. “My initial thought was, obviously something is wrong,” he said. “How could I get terminated for performance when I’ve never had a performance review?”

Mr. Hymowitz, who had worked on antitrust cases and investigations in the poultry and cattle markets for about six months, said he was not given many further instructions. The next day, he decided to walk into the office and drop off his work equipment. “I just assumed that’s what people do when they get fired,” he said.

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Around 8 p.m. on Feb. 11, Nicole Cabañez, an honors attorney at the Consumer Financial Protection Bureau, found out that she had been terminated after she realized she could not log into her work laptop. Ms. Cabañez, 30, worked in the agency’s enforcement division for about four months, investigating companies that violated consumer financial laws.

“I was prepared to help make the world better,” Ms. Cabañez said. “It’s honestly very disappointing that I never got that chance.”

During her first year at Yale Law School, Ms. Cabañez said she originally planned to work at a large law firm, where she would have defended companies and made a lucrative income after graduation. But she said she wanted to work in public service to help people get relief through the legal system.

Ms. Cabañez said she was now applying for jobs with nonprofits, public interest law firms and local governments. But she said she worried that the job market, especially in Washington, would be “flooded with public servants.” She said she could not file for unemployment benefits for three weeks because her agency had not sent her all of the necessary documents until recently.

The impacts have stretched beyond Washington, reaching federal workers across the country, including in Republican-led states.

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At 3:55 p.m. on Feb. 13, Ashlyn Naylor, a permanent seasonal technician for the U.S. Forest Service in Chatsworth, Ga., received a call from one of her supervisors who informed her that she would be fired after working there for about nine months. Ms. Naylor said she initially wanted to stay at the agency for the rest of her career.

“It was where I have wanted to be for so long, and it was everything that I expected it to be from Day 1,” Ms. Naylor said.

Ms. Naylor, 24, said she felt a mixture of anger and disbelief. She said her performance evaluations showed she was an “excellent worker,” and she did not understand why she was fired. Although she said she was devastated to lose her job, which primarily involved clearing walking trails in the Chattahoochee-Oconee National Forest, she was not sure if she would return to the agency in the future.

“It would be really hard to trust the federal government if I were to go back,” Ms. Naylor said. She said she was considering enrolling in trade school and possibly becoming a welder since she is still “young enough” to easily change her career.

Although some said their experiences have discouraged them from pursuing jobs with the federal government again, some said they were intent on returning.

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Jesus Murillo, 27, was fired on Valentine’s Day after about a year and a half working as a presidential management fellow at the Department of Housing and Urban Development, where he helped manage billions of dollars in economic development grants. After standing in countless food bank lines and working in fields picking walnuts to help his family earn additional income growing up, Mr. Murillo said he wanted to work in public service to aid the lowest income earners.

“I’ve put so much into this because I want to be a public leader to now figure out that my government tells me that my job is useless,” Mr. Murillo said. “I think that was just a smack in the face.”

Still, he said he would work for the federal government again.

“For us, it’s not a partisan thing,” Mr. Murillo said. “We’re there to carry out the mission, which is to be of service to the American public.”

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