Washington— The Department of Homeland Security (DHS) has instructed thousands of furloughed employees to return to work, even though the agency is still officially shut down due to a lack of funding from Congress. Internal communications obtained by CBS News reveal this shift in approach within the DHS. This move changes the traditional handling of government shutdowns, where only essential staff typically continue working.
DHS Chief Human Capital Officer La’Toya Prieur stated that all DHS employees should report back to their duties. A separate message for FEMA employees emphasized that they are expected to return in person to work, effectively changing their status to “exempt” despite the shutdown.
Historically, during funding lapses, only those deemed “excepted” — vital for safety and security — can work, usually without pay. This policy has now been altered, allowing for a broader range of employees to resume their duties. DHS argues their roles are essential for the use of available funds, which justifies their return to work.
This shift follows a presidential memorandum aimed at ensuring back pay for DHS workers who have been going without a paycheck since the shutdown began on February 14. Over 35,000 employees received their first paycheck last week, marking a relief for many. DHS Secretary Markwayne Mullin noted that most employees would see back pay deposited into their accounts soon, but future payments depend heavily on Congress. “It’s a wait-and-see situation,” he said, stressing the uncertainty about upcoming checks.
Currently, the timeline for a funding resolution in Congress remains murky. The Senate reached an agreement to fund DHS, excluding Immigration and Customs Enforcement and Customs and Border Protection. However, disagreements in the House may delay progress, with some Republicans holding out for additional concessions.
Bringing back furloughed staff raises legal concerns, particularly pertaining to the Antideficiency Act, which restricts agencies from using funds not approved by Congress. By issuing this notice, the DHS seems to be stretching what constitutes “excepted” work to cover more ground, arguing this is necessary to maintain security and preparedness.
While the recall may bring some normalcy, uncertainly persists. The DHS highlighted that the funds being used to pay returned employees may only last for a limited time. If funds run out, employees will receive further updates regarding their status.
For FEMA, this change could provide operational advantages as disaster season approaches. With hurricanes and spring flooding on the radar, having full staff back can improve planning and coordination. However, limitations still exist; recalled employees cannot work overtime and must stick strictly to essential functions.
Funding for disaster relief remains critical, yet the budget for the Disaster Relief Fund is dwindling. Without replenishment from the stalled DHS appropriations bill, which would inject over $26 billion into the fund, the potential for future disaster response may be compromised.
As we move forward, the ongoing situation in Washington highlights a larger pattern in government funding and operations during crises. Recent data suggests that a significant portion of the American public has become increasingly frustrated with government shutdowns, viewing them as inefficiencies that hinder essential services. A survey by the Pew Research Center indicates that nearly 60% of Americans feel such shutdowns are unacceptable under any circumstances.
Overall, the complexities of government funding and emergency responses continue to evolve, and those directly affected—like DHS and FEMA employees—are left navigating a landscape marked by uncertainty and rising stakes.
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United States Department of Homeland Security
