A federal judge has ruled that the Trump administration violated federal law by attempting to slash FEMA’s disaster-response workforce by half, finding that the Department of Homeland Security unlawfully seized control of personnel decisions that belong to the emergency management agency.
Court Finds Administration Violated Post-Katrina Protections
U.S. District Judge Susan Illston issued her ruling Friday, determining that DHS overstepped its authority when it blocked FEMA from renewing thousands of temporary contracts for on-call reservists who respond to natural disasters. The judge cited a 2005 federal law enacted after Hurricane Katrina that explicitly prohibits DHS from substantially reducing FEMA’s authorities, responsibilities, or functions. Judge Illston found no evidence of reasoned decision-making behind the administration’s abrupt reversal on workforce policy.
The ruling comes after unions representing FEMA workers filed suit challenging workforce reductions ordered by then-Homeland Security Secretary Kristi Noem rather than FEMA officials themselves. Judge Illston noted that FEMA projected staffing levels for the upcoming fiscal year at just 11,383 employees, approximately half of previous levels, without providing justification for that specific figure.
Deleted Messages Raise Additional Concerns
In a separate component of her ruling, Judge Illston criticized FEMA and DHS officials for using the Signal messaging app on personal cellphones to discuss staffing cuts and subsequently deleting those messages. The judge said the communications would have been relevant to the lawsuit and stated she would presume the deleted Signal messages would have contained evidence unfavorable to the defendants, serving as further proof of unlawful conduct. The court did not immediately impose remedies or penalties, scheduling those decisions for next month after both parties submit briefings by October 9.
Administration Defends Disaster Preparedness
The Trump administration has maintained that FEMA possesses sufficient flexibility to determine appropriate staffing levels independently. President Trump has previously suggested eliminating FEMA entirely and transferring emergency preparedness responsibilities to individual states. A FEMA spokesperson told reporters that under President Trump and DHS Secretary Markwayne Mullin’s leadership, the agency remains prepared for the 2026 hurricane season with experienced leadership across headquarters and regional offices. Judge Illston had declined to immediately block the job cuts in June, ruling that FEMA had temporarily abandoned its planned layoffs, though her Friday opinion indicated the agency appeared to be proceeding with reductions despite the earlier pause.