Federal judge rules Trump DHS plan for 50% FEMA staffing cuts was unlawful

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WASHINGTON (AP) — A federal judge has ruled that a plan by the Trump administration to slash staffing at the federal agency tasked with responding to disasters by 50% was unlawful.

The opinion issued late Friday marked a victory for labor groups who had sued the agency. The labor organization had argued that plans by the Department of Homeland Security, which was then led by Secretary Kristi Noem, violated congressional protections that were designed to safeguard the independence of the Federal Emergency Management Agency.

The issue of the FEMA staffing was part of a much larger lawsuit filed by the American Federation of Government Employees and other labor groups, pushing back on efforts by the Trump administration to slash the federal workforce.

U.S. District Judge Susan Illston wrote in her opinion that top Homeland Security 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,” wrote Illston.

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."

“We’re ensuring workforce stability and a strong, deployable force for upcoming national events and potential disasters; making the agency leaner, faster and laser-focused on supporting state, local, tribal and territorial partners before, during and after disasters,” it said. “FEMA continues to maintain a roster of experienced leadership and support staff across headquarters and regional offices.”

The Department of Homeland Security did not immediately respond to requests for comment.

In the opinion, Illston wrote that it was clear that the government violated rules established after 2005's Hurricane Katrina that put decisions on staffing levels squarely in the hands of FEMA, not the Department of Homeland Security and that prevented DHS from “substantially” reducing the “functions” of FEMA.

Illston didn't order a specific remedy to carry out her opinion but directed the two sides to meet and decide on a course of relief.

Although FEMA has experienced terminations, the 50% staffing cuts ultimately were not carried out. In recent months, after top leadership changes at FEMA and the Department of Homeland Security, the agency has rehired some staffers who were let go.

FEMA was one of the agencies targeted in the federal government for staff reductions as part of a broad Trump administration plan to reduce the size of government. The embattled agency has been buffeted by mass staff departures, disruptions of grant programs, and delays of disaster aid.

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

The final version backed away from the recommendation to cut the FEMA workforce by 50%, which was included in a December 2025 draft reviewed by The Associated Press.

The council instead recommended the agency conduct a “strategic review” to determine “appropriate staffing levels.”

In an August report, the Government Accountability Office said it found 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 from the agency in the 2025 budget year, with over 1,500 through voluntary reductions. The agency also made about 2,900 new hires.

The GAO recently recommended to Congress that it “consider requiring” FEMA to base “significant workforce decisions” on a more strategic planning process.

Without it, the GAO found, “FEMA cannot be assured that the agency is positioned to effectively meet its mission needs.”