A United States federal judge has ruled that the Trump administration violated federal law by directing the Federal Emergency Management Agency to cut its workforce roughly in half.
US District Judge Susan Illston held that the Department of Homeland Security unlawfully intruded into FEMA’s authority over its own personnel. Federal legislation adopted after Hurricane Katrina restricts DHS from substantially reducing FEMA’s responsibilities, authorities or functions.
The dispute arose in part from moves to discontinue temporary contracts for thousands of disaster-response reservists. Unions challenging the policy argued that the reductions would undermine FEMA’s ability to respond effectively to emergencies.
The court has not yet determined the final remedy, with further proceedings expected on the relief to be granted.
Illston also criticised FEMA and DHS officials for communicating about staffing changes through Signal on personal phones and deleting messages relevant to the litigation. The judge indicated that the missing communications could be treated adversely against the government in the proceedings.
The judgment is significant for administrative law because it reinforces the proposition that executive control over agencies remains constrained where Congress has expressly protected an agency’s statutory functions.
Source: Reuters
