President Trump said he will bypass Congress to fund TSA employees during the 41-day DHS shutdown, saying the money will come from last year’s tax-cut law. The move relieves thousands of unpaid TSA workers but raises unresolved legal questions about the administration’s authority. Republicans applauded the decision while some senators urged continued negotiations to address broader DHS funding.
Trump Moves to Fund TSA Without Congress Amid Shutdown, Raising Legal Questions
President Donald Trump announced Thursday that the administration will directly fund Transportation Security Administration (TSA) employees while the partial Department of Homeland Security (DHS) shutdown continues — a step that bypasses Congress and immediately prompted legal and political questions.
Background
The decision comes 41 days into the DHS funding lapse. Multiple Democratic efforts to secure pay for TSA staff stalled amid a broader dispute over immigration-enforcement policy. As the shutdown stretched on, airports across the country reported growing security lines and increasingly frustrated travelers, and thousands of TSA workers have been without pay since February.
Administration Plan and Sources of Funding
A senior administration official said the funds to cover TSA pay would come from last year’s tax-cut legislation, which also allocated billions for immigration enforcement. The White House had previously signaled plans to use similar authorities to provide pay for Coast Guard personnel earlier in the shutdown.
Political Reaction and Context
Administration allies framed the move as a way to act around a stalled Congress. Senate Majority Whip John Barrasso (R-Wyo.) praised the step as decisive leadership, saying the Democratic caucus had been unable to reach an agreement to help affected workers.
“The president’s showing the leadership we would expect,” said Senate Majority Whip John Barrasso after speaking with the president. “The Democrats are completely unable to come to an agreement to help the American people.”
Other senators urged negotiations to continue. Sen. Angus King (I-Maine) said the Senate was prepared to pass legislation to pay those workers if the president had not acted and encouraged lawmakers to keep working on a broader resolution.
“We’re still talking, we’ve got three other agencies to deal with — assuming this is effective, what he’s proposing,” King told Semafor. “I’d like to stay here and get this done. There have been very active discussions back and forth.”
Legal Questions and Reporting
Officials did not specify the precise legal authority the president would invoke to fund TSA workers, leaving open questions about the legality and potential challenges to the move. Several Republicans told Semafor they had been aware the administration had this option for days, raising additional political questions about timing.
Separately, tech entrepreneur Elon Musk reportedly offered to pay TSA agents personally; the White House declined the offer, citing concerns about legal conflicts tied to his government contracts, according to CBS News.
The announcement eases immediate financial strain for thousands of TSA employees but does not resolve the broader funding impasse for DHS. Lawmakers from both parties continue to discuss options to reopen and fully fund the department.
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