A federal judge has ruled that the Trump administration broke the law by directing the Federal Emergency Management Agency to cut its workforce in half, according to CNBC. U.S. District Judge Susan Illston of the Northern District of California issued a decision stating that the U.S. Department of Homeland Security acted unlawfully by usurping FEMA’s authority over its own personnel.
Federal Judge Rules Trump Administration FEMA Staff Cuts Unlawful
The ruling stems from a lawsuit brought by unions challenging mass layoffs initiated by the Trump administration. Illston agreed with the plaintiffs that the department violated federal law by moving to stop FEMA from renewing the temporary contracts of thousands of on-call reservists who respond to disasters, according to UA.
Legal Framework and Post-Katrina Restrictions
While FEMA operates under the umbrella of the Department of Homeland Security, federal law restricts how much control the department can exert over the agency. A law adopted following Hurricane Katrina in 2005 explicitly states that the department may not substantially or significantly reduce FEMA’s authorities, responsibilities, or functions.
According to SAN, the Post-Katrina Emergency Management Reform Act passed by Congress establishes FEMA as a distinct entity within DHS. In her ruling, Illston noted that DHS acted unlawfully by usurping FEMA’s authority over its personnel, and that FEMA also acted unlawfully by acquiescing to DHS’s exertion of authority over staffing numbers and term renewals for its Cadre of On-Call Response/Recovery, or CORE, staff.
The unions argued that the planned cuts would undermine FEMA’s core disaster-response mission, lacked congressional approval, and were ordered by former Homeland Security Secretary Kristi Noem rather than being initiated from within FEMA itself.
Arbitrary Staffing Projections and Deleted Messages
Illston criticized the administration’s decision-making process behind the downsizing. She wrote that there was no evidence in the record reflecting reasoned decision-making for the about-face or for the conditions DHS placed on FEMA’s renewal authority.
The judge pointed out that FEMA projected its staffing levels for the upcoming fiscal year at 11,383 employees—representing approximately half of prior levels—without any factual basis for choosing that number. Illston described the targeted staffing figures as appearing as if pulled from thin air.
In a separate decision, the judge faulted FEMA and DHS officials for using the Signal messaging app on personal cell phones to discuss staffing cuts and subsequently deleting the correspondence. Illston ruled that because those messages would have been relevant to the lawsuit, the court would presume that the lost messages were unfavorable to the defendants as further evidence of unlawful conduct.
Next Steps and Relief Proceedings
Friday’s ruling did not immediately impose specific remedies, penalties, or sanctions. Illston, an appointee of President Bill Clinton, ordered both parties to meet to discuss the scope of relief. If an agreement cannot be reached, the parties are required to file a joint statement detailing what relief remains outstanding by Oct. 9, after which the court will issue a ruling on what relief will be provided.
Democracy Forward, a left-leaning group representing the plaintiffs, applauded the decision. Skye Perryman, the group’s president and CEO, stated that Congress created FEMA to operate with independence given its mission to prepare and respond quickly when disasters arise. Meanwhile, the Trump administration has previously maintained that FEMA has considerable flexibility to decide proper staffing levels.
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