Judge Rules DHS Plan to Halve FEMA Staffing Was Unlawful

A federal judge ruled that the Trump administration's DHS acted unlawfully in directing a 50% staffing cut at FEMA over the objections of the agency's own supervisors.

US District Judge Susan Illston in California ruled Friday that the Department of Homeland Security exceeded its authority when it ordered personnel changes that effectively stripped FEMA of control over its own workforce. Top DHS officials late last year directed FEMA's leadership to submit a staffing plan that included a 50% staffing cut even though the agency's own supervisors objected. "Frankly, the FEMA staffing plan number appears as if pulled from thin air," Illston wrote. According to Newsweek, the 32-page order found DHS directed a plan to reduce the workforce from about 23,000 employees to roughly 11,500.

The decision marks a victory for labor groups, including the American Federation of Government Employees, which sued as part of a broader pushback against the Trump administration's efforts to slash the federal workforce. After Hurricane Katrina in 2005, Congress passed the Post-Katrina Emergency Management Reform Act, which established FEMA as a distinct entity within DHS and prohibited the department from substantially reducing the agency's authorities, responsibilities or functions. Illston wrote that it was clear the government violated those post-Katrina rules, which put staffing decisions squarely in FEMA's hands rather than DHS's.

Court documents cited in the litigation state that supervisors within FEMA, and FEMA's Chief Human Capital Officer at the time, did not agree with the 50% staffing cut, and that DHS members worked to submit a FEMA annual staffing plan that included the cut over the objections of the agency's own supervisors. Illston also faulted FEMA and DHS officials for using Signal on personal cellphones and deleting messages related to the staffing cuts, writing that the court would presume the lost messages would have been unfavorable to the defendants because they would have been further evidence of the plan and DHS's control.

The dispute comes as FEMA has been buffeted by mass staff departures, grant program disruptions and delays of disaster aid. The Government Accountability Office reported in August that the departures of thousands of staff in 2025 resulted in a "loss of institutional knowledge and experienced personnel" and "exacerbated longstanding workforce challenges." More than 4,300 employees, or about 17% of FEMA's workforce, separated in the 2025 budget year, with over 1,500 through voluntary reductions, while the agency made about 2,900 new hires. The GAO recommended Congress consider requiring FEMA to base significant workforce decisions on a more strategic planning process.

The ruling arrives with hurricane season underway, when FEMA plays a central role in disaster response and recovery after major storms, floods and other emergencies. FEMA responded in a statement late Saturday that while it does not comment on personnel matters and ongoing litigation, "DHS and FEMA are ready for the 2026 hurricane season," saying it is ensuring workforce stability and a strong, deployable force while making the agency leaner and laser-focused on supporting state, local, tribal and territorial partners. President Trump has previously questioned the need for FEMA and suggested states should assume greater responsibility for disaster preparedness.

Illston did not order a specific remedy or any penalties in the Friday opinion. She directed the two sides to meet and decide on a course of relief, and according to Newsweek, if the parties cannot agree they must submit a joint filing outlining remaining disputes by October 9, after which the judge will issue a separate ruling on what relief, if any, should be ordered. Although FEMA experienced terminations, the 50% staffing cuts were ultimately not carried out, and in recent months, after top leadership changes at FEMA and DHS, the agency has rehired some staffers who were let go.