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

Legal Compliance

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.

Related listings

  • Supreme Court rejects Trump mail ballot restrictions ahead of midterms

    Supreme Court rejects Trump mail ballot restrictions ahead of midterms

    Legal Compliance 09/15/2026

    The Supreme Court on Monday rejected President Donald Trump's bid to restrict mail ballots for the midterm elections, capping a flurry of last-minute legal action with voting already underway.The decision allows states to continue sending out mail ba...

  • Judge refuses to block Trump administration from building border wall

    Judge refuses to block Trump administration from building border wall

    Legal Compliance 08/15/2026

    A federal judge refused on Friday to block the Trump administration from taking steps to build 62 miles of international border wall along part of a Native American tribe’s reservation without its consent.U.S. District Judge Richard Leon in Was...

  • Court strikes down Hawaii law requiring permission to carry guns

    Court strikes down Hawaii law requiring permission to carry guns

    Legal Compliance 06/25/2026

    The Supreme Court struck down a Hawaii law requiring people to get permission to carry guns into stores and hotels on Thursday, in its latest opinion backing Second Amendment rights.The high court's 6-3 decision means people can carry guns onto priva...

USCIS Adjusting Premium Processing Fee

U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.

The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”

Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.