Judge rules Trump DHS plan to cut FEMA staff in half was unlawful

A White House review found DHS processes far too bureaucratic and that DHS had spread FEMA’s planning and coordination functions among other offices.

FEMA was created in 1979 to coordinate the federal response to natural disasters and other emergencies.

Congress created DHS in 2002 and transferred FEMA into the department the following year.

Hurricane Katrina in 2005 killed more than 1,300 people and caused nearly $100 billion in damage.

The violations also ran afoul of the Administrative Procedure Act.

The court found the agencies violated both the Post-Katrina Act and the appropriations act that ended the recent government shutdown.

The court ordered expedited discovery, and briefing on the FEMA portion of the case is complete.

Since January 22, 2026, FEMA is no longer systematically non-renewing CORE staff.

The record reflects DHS continues to usurp FEMA's authority to renew CORE terms.

The court agreed some of the relief plaintiffs seek is quite broad and no longer fits the facts as they have unfolded.

The court said defendants' intentional deletion of relevant Signal messages hamstrung the plaintiffs and the court.

COREs are currently being renewed for six months to one year rather than two- to four-year terms.

Illston said Friday the plan impeded FEMA’s ability to perform its functions.

Illston said DHS acted arbitrarily and capriciously by removing FEMA’s ability to perform those functions.

The record reflects DHS was exempt from the hiring freeze but then treated FEMA CORE term renewals as new hires.

The proposal was outlined in documents and emails shared among officials in December.

Illston said DHS was then led by Homeland Security Secretary Kristi L.

Correspondence showed plans to cut surge staffing by 85%, or nearly 6,500 roles.

The plans for additional cuts came after a wave of FEMA terminations in 2025.

After leadership changes at FEMA and DHS, the agency has rehired some staffers who were let go.

In May, a Trump-appointed FEMA Review Council submitted a final report recommending sweeping changes to how the agency supports states, tribes, and territories.

FEMA has been buffeted by mass staff departures, grant-program disruptions, and delays of disaster aid.

A December 2025 draft reviewed by AP included a recommendation to cut FEMA’s workforce by 50%.

FEMA was one of the agencies targeted for staff reductions in a broad Trump administration plan to reduce the size of government.

More than 4,300 employees, about 17% of FEMA’s workforce, left in the 2025 budget year, including over 1,500 voluntary separations.

GAO said 2025 staff departures caused a loss of institutional knowledge and experienced personnel.

The council instead recommended a strategic review to determine appropriate staffing levels.

The agency also made about 2,900 new hires.

GAO recommended Congress consider requiring FEMA to base significant workforce decisions on more strategic planning.

The ruling centres on thousands of temporary FEMA reservists called on after hurricanes, wildfires, floods, and other disasters.

The dispute comes amid a broader Trump administration effort to reduce the size of the federal workforce.