Here is the excerpt from the Order. They are pointing out that a separate provision expressly includes the person's status at the time the action accrued.
In certain circumstances, 28 U.S.C. § 1442(a)(1) permits “any officer (or any person acting under that officer) of the United States or of any agency thereof, in an official or individual capacity,” to remove a civil action or criminal prosecution from state court to federal court. Does that statute permit former federal officers to remove state actions to federal court or does it permit only current federal officers to remove? Compare 28 U.S.C. § 1442(a)(1), with 28 U.S.C. § 1442(b) (permitting removal of “[a] personal action commenced in any State court by an alien against any citizen of a State who is, or at the time the alleged action accrued was, a civil officer of the United States and is a nonresident of such State . . .”).