federal judge

WASHINGTON — 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 organizations 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, contesting 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 saying 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,” the statement 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 Homeland Security 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 for staff reductions in the federal government 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 that 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.”

Santana writes for the Associated Press.

WASHINGTON: 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 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.

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

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.”

Sept. 3, 2026 9 AM PT

BOSTON — A federal judge in Boston said Thursday the U.S. Postal Service has told her nothing about how it would implement a plan to regulate mail ballots for the midterms as she considers whether to let the plan proceed in the weeks before Election Day.

U.S. District Court Judge Indira Talwani is deciding whether to extend her prohibition on the proposed regulation of mail ballots, an effort undertaken as part of an executive order by President Trump. The hearing in the closely watched case came a day before the first state begins sending mail ballots to voters.

“We are 70 days from the election and I have nothing from the USPS about how this will happen,” Talwani told Michael Velchik, the Justice Department lawyer representing the Postal Service.

Last week, Talwani imposed a 14-day temporary restraining order to keep it from being used. That order expires next week as more states begin sending out mail ballots. Velchik said the administration will most likely go to the Supreme Court by the end of the week to seek permission to resume implementing the plan.

Talwani has been here before. In June, she prohibited the administration from implementing Trump’s order for the November election, ruling the changes came too close to voting for the federal government to embark on such a project.

But the Supreme Court late last month ruled that Talwani’s order was premature because the Postal Service had not yet published regulations governing how it would apply Trump’s order. The agency did so just before the high court ruling came down, prompting Democrats and voting rights groups to swiftly re-file their lawsuits.

They counter that the president has no authority to set election rules, which is a power designated in the Constitution to the states and in some cases Congress.

They won an initial victory with Talwani’s restraining order, which has already been appealed by the administration.

Trump has long opposed mail voting and falsely blamed it for his 2020 election loss to Democrat Joe Biden, even though he often uses that method to cast his own ballot.

Election officials say there’s simply no way they can comply with the Postal Service directives, which could require a complete overhaul of their operations. Before it delivers mail ballots for any state, the Postal Service would have to approve the design of the envelopes that contain them and have the state upload a list of voters receiving them to an online portal.

Some ballots have already gone out. A few municipalities in Wisconsin opted to send mail ballots to voters earlier this week, but Friday marks the full kickoff of voting as North Carolina starts shipping its mail ballots to all voters who requested them.

The administration has contended the changes are relatively minor and legal. But the portal was still not active this week, and most election offices have already printed their envelopes and ballots.

Velchik told Talwani that the federal government is offering states the choice to opt into the system. But the Postal Service has yet to identify a single state that has done so.

A whistleblower report made public this week warns that the postal system’s requirements could lead to millions of mail ballots never being sent. The new rule requires all ballots to be physically brought to post offices before being mailed to voters, but if a single one’s bar code registers an error, the whole batch gets thrown out, even if it contains tens of thousands of legitimate ballots.

Riccardi and Casey write for the Associated Press. Riccardi reported from Denver.