A federal judge ruled the Trump administration violated federal law by attempting to slash FEMA’s workforce by half, finding that the Department of Homeland Security unlawfully seized control of disaster-response staffing decisions that belong to the emergency agency.
Court Finds DHS Overreach Violated Post-Katrina Protections
U.S. District Judge Susan Illston ruled Friday that DHS violated a 2005 law enacted after Hurricane Katrina that explicitly prohibits the department from substantially reducing FEMA’s authorities, responsibilities, or functions. The judge found DHS unlawfully blocked FEMA from renewing thousands of temporary contracts for on-call reservists who respond to natural disasters. Illston wrote the record contained no evidence of reasoned decision-making for the administration’s abrupt reversal on staffing policy.
The ruling came after unions representing FEMA workers sued, arguing then-Homeland Security Secretary Kristi Noem ordered the cuts without congressional approval, undermining the agency’s core mission. Judge Illston discovered FEMA projected staffing levels at just 11,383 employees for the upcoming fiscal year, approximately half of previous levels, without justification for that specific figure. The court will address remedies and penalties in a separate ruling next month, with parties required to submit briefings by October 9.
Deleted Messages Raise Questions About Decision Process
In a separate finding, Judge Illston criticized FEMA and DHS officials for using the Signal messaging app on personal cellphones to discuss staffing cuts, then deleting those conversations. The judge stated she would presume the lost messages would have shown evidence unfavorable to the defendants and demonstrated further unlawful conduct. The administration maintains FEMA retains flexibility to determine appropriate staffing levels, while President Trump has suggested eliminating FEMA entirely and transferring emergency preparedness responsibilities to individual states.
Agency Maintains Readiness Despite Controversy
A FEMA spokesperson told reporters the agency remains prepared for the 2026 hurricane season under President Trump and DHS Secretary Markwayne Mullin’s leadership. The spokesperson emphasized FEMA continues maintaining a roster of experienced leadership and support staff across headquarters and regional offices, stating no position lacks experienced leadership. Judge Illston had previously declined to immediately block the job cuts in June, ruling FEMA had temporarily abandoned planned layoffs, but her Friday decision found the agency appeared to be moving forward with workforce reductions despite the ongoing legal challenge.