Trump says he'll sign order to pay all DHS workers as shutdown drags on
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United States Department of Homeland Security
United States federal executive department
The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior, home, or public security ministries in other countries. Its missions involve anti-terrorism, civil defense, immigration and customs, b...
Donald Trump
President of the United States (2017–2021; since 2025)
Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who is the 47th president of the United States. A member of the Republican Party, he served as the 45th president from 2017 to 2021. Born into a wealthy New York City family, Trump graduated from the...
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Deep Analysis
Why It Matters
This announcement matters because it directly affects approximately 240,000 Department of Homeland Security employees who have been working without pay during the longest government shutdown in U.S. history. It represents a significant policy shift by the Trump administration regarding which federal workers receive pay during shutdowns, potentially setting a precedent for future budget standoffs. The move could impact ongoing negotiations about border security funding that triggered the shutdown, while also raising questions about the administration's legal authority to make such payments without congressional appropriation.
Context & Background
- The partial government shutdown began on December 22, 2018, over a dispute about $5.7 billion in funding for a border wall along the U.S.-Mexico border
- Approximately 800,000 federal workers were affected by the shutdown, with about 420,000 deemed 'essential' and required to work without pay
- Previous government shutdowns have typically resulted in back pay for all federal workers once funding was restored, but pay during shutdowns has been historically contentious
- The Department of Homeland Security includes agencies like Customs and Border Protection, Immigration and Customs Enforcement, and the Coast Guard
- The Antideficiency Act generally prohibits federal agencies from spending money without congressional appropriation, with limited exceptions for emergencies
What Happens Next
Legal challenges may emerge regarding the administration's authority to pay DHS workers without congressional approval, potentially reaching federal courts within weeks. Congressional Democrats are likely to scrutinize the move's legality while continuing negotiations on broader government funding. Other federal agencies and their employees may pressure the administration for similar treatment, potentially leading to expanded pay orders or increased pressure to end the shutdown entirely. The announcement could either break the negotiation impasse or harden positions as both sides assess the political implications.
Frequently Asked Questions
Legal experts are divided on this question. While presidents have limited authority to make emergency payments for essential functions, paying all DHS workers without congressional appropriation may violate the Antideficiency Act. The administration would likely argue this falls under national security exceptions, but courts would need to determine if this constitutes an emergency justifying the expenditure.
The selective payment appears strategically tied to the shutdown's central issue—border security funding. By paying DHS workers specifically, the administration maintains focus on border security while potentially relieving political pressure from affected employees and their families. This approach also allows the administration to frame the payment as supporting national security priorities rather than conceding on broader shutdown issues.
The administration would need to identify available funds within DHS budgets or utilize emergency authorities to redirect money from other accounts. This could involve using fees collected by DHS components, reprogramming existing funds, or invoking national security emergency provisions. The specific mechanism would determine both the legality and sustainability of the payments.
Not necessarily. This move represents a unilateral action by the executive branch rather than a negotiated solution with Congress. The shutdown continues for other affected agencies, and fundamental disagreements about border wall funding remain unresolved. However, it could change negotiation dynamics by reducing immediate pressure on DHS operations.
It's uncertain but creates pressure for expansion. Other agencies and their employees will likely demand equal treatment, arguing that if DHS workers can be paid, so should Transportation Security Administration employees, FBI agents, and other 'essential' workers. The administration may resist broadening payments to maintain negotiating leverage or due to budget constraints.