Federal judge rules Trump admin plan to cut FEMA workforce in half is unlawful
Judge Rules Trump Administration’s Plan to Cut FEMA Workforce Unlawful
U.S. District Judge Susan Illston has ruled that the Trump administration’s directive to slash the Federal Emergency Management Agency’s workforce by roughly half violated federal law. In a decision issued last Friday, the judge held that the Department of Homeland Security (DHS) had unlawfully asserted authority over FEMA’s staffing decisions and attempted to force the agency to terminate thousands of disaster‑response jobs.
The ruling centers on a 2005 federal statute enacted after Hurricane Katrina that protects FEMA’s authority, responsibilities, and functions. Under that law, DHS may not “substantially or significantly reduce” FEMA’s powers or staffing. Illston found that DHS broke that rule when it tried to bar FEMA from renewing temporary contracts for thousands of on‑call reservists who help respond to disasters.
“The record shows no evidence of reasoned decision‑making for this about‑face or for the subsequent conditions DHS placed on FEMA’s renewal authority,” Illston wrote. The judge emphasized that the lawsuits were brought by unions that argued the proposed cuts would weaken FEMA’s core mission and that the directives came from the wrong officials. The agencies’ representatives cited President Donald Trump’s earlier remarks that FEMA could be eliminated and that states should assume responsibility for emergency preparedness.
In a separate part of the ruling, Illston noted that she had previously declined to issue an immediate injunction against the cuts in June, after FEMA had apparently abandoned its planned layoffs. However, she now concluded that FEMA was moving forward again. The agency had projected staffing levels for the coming fiscal year at 11,383 employees—about half of the agency’s previous workforce—without providing a basis for that figure.
The decision does not yet include a remedy. Illston said the court would issue a separate ruling next month to address penalties or relief. The parties have until Oct. 9 to submit briefings on what relief remains outstanding.
The lawsuit also drew attention to an unrelated conduct issue. Illston criticized FEMA and DHS officials for using the Signal messaging app on their personal cell phones to discuss staffing cuts, and for deleting those messages. She said the lost communications would have likely been unfavorable to the defendants and would have been relevant to the lawsuit.
DHS and FEMA have not yet responded to requests for comment. In a statement to The Hill, a FEMA spokesperson said, “Under President Trump and DHS Secretary Markwayne Mullin’s leadership, DHS and FEMA are ready for the 2026 hurricane season. FEMA continues to maintain a roster of experienced leadership and support staff across headquarters and regional offices. No position is without experienced leadership.”
The ruling comes as the country braces for the 2026 hurricane season, and federal agencies will be scrutinizing the impact of the judge’s decision on FEMA’s ability to deploy resources during emergencies.