Federal judge rules Trump administration broke the law by ordering FEMA to cut its workforce in half

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Federal judge rules Trump administration broke the law by ordering FEMA to cut its workforce in half
Photo: Nick Karean/AI-Generated for illustration purposes only
USA

USA: A US federal judge has ruled that the Trump administration acted unlawfully by directing the Federal Emergency Management Agency to slash its workforce by approximately half, finding that the Department of Homeland Security violated a post-Hurricane Katrina statute designed to protect FEMA’s operational independence.

According to CNBC, US District Judge Susan Illston in San Francisco issued the decision late Friday, agreeing with unions that sued over the administration’s move to stop FEMA from renewing the temporary contracts of thousands of on-call reservists who respond to disasters.

The ruling centres on a federal law passed after Hurricane Katrina in 2005, which states that DHS “may not substantially or significantly reduce FEMA’s authorities, responsibilities, or functions.” Illston found that DHS violated this provision when it intervened in the agency's personnel decisions, territory the law reserves to FEMA itself.

“There is no evidence in the record reflecting reasoned decision-making for this about-face or for the subsequent conditions DHS placed on FEMA’s renewal authority,” Illston wrote as quoted by CNBC.

Staffing cuts and the Signal messaging controversy

The judge noted that FEMA had projected its staffing levels for the upcoming fiscal year at 11,383 employees, which is approximately half of prior levels, without any basis for that figure.

In a separate but related decision, Illston also faulted FEMA and DHS officials for using the Signal messaging app on personal phones to communicate about the staffing cuts and subsequently deleting those messages. The judge said the deleted messages would have been relevant to the lawsuit and indicated she would presume going forward that the lost communications “would have been unfavourable to Defendants because they would have been further evidence” of unlawful conduct.

What comes next

Friday’s ruling did not include remedies or penalties; those will be addressed in a separate ruling next month, with parties permitted to submit briefings on the scope of relief the judge should provide to the unions. FEMA and DHS did not immediately respond to requests for comment.

Democracy Forward, the left-leaning group representing the plaintiffs, welcomed the ruling. “Congress created FEMA to operate with independence, given its mission to prepare and respond quickly when disasters arise,” said the group’s president and CEO Skye Perryman, quoted by CNBC.

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The broader context

The ruling lands amid Trump’s repeated suggestions that FEMA should be abolished entirely and that states should bear primary responsibility for emergency preparedness, a position he previously suggested. Trump created a council last year to review FEMA’s operations.

The administration has argued that FEMA retains considerable flexibility in determining appropriate staffing levels. But Illston’s ruling, by an appointee of President Bill Clinton, finds that flexibility does not extend to DHS directing a reduction that crosses the statutory threshold of substantially or significantly reducing the agency's functions.

With hurricane season underway and the agency's disaster-response capacity already a subject of public concern, the ruling’s practical implications for FEMA’s readiness ahead of the next major natural disaster will likely draw sustained attention as the remedies phase proceeds next month.