On Sept. 12, Judge Susan Illston ruled DHS violated the law by proposing to cut FEMA's workforce from about 23,000 to under 12,000, calling the 50% target "pulled from thin air." The court found the plan arbitrary and in violation of the Post‑Katrina Emergency Management Reform Act and also noted DHS refused to renew hundreds of temporary first responder contracts. The ruling, brought by the American Federation of Government Employees, blocks the proposed reductions and preserves FEMA's current staffing levels.
Judge Blocks DHS Plan To Slash FEMA Workforce By Half, Calls Target "Pulled From Thin Air"
A federal judge said the Department of Homeland Security broke the law when it enacted a plan to cut the number of FEMA employees in half. File Photo by Bonnie Cash/UPI
On Sept. 12, a federal judge ruled that the Department of Homeland Security's plan to cut the Federal Emergency Management Agency's workforce from roughly 23,000 employees to fewer than 12,000 was unlawful. U.S. District Judge Susan Illston of the Northern District of California found the proposal arbitrary and in violation of federal law.
Ruling Details
Judge Illston wrote that the 50% staffing target "appears as if pulled from thin air," concluding that DHS acted in an "arbitrary and capricious" manner when it enacted the cuts and declined to renew hundreds of contracts for temporary disaster first responders. The court found the plan ran afoul of the Post-Katrina Emergency Management Reform Act, which bars DHS from substantially reducing FEMA's authorities, responsibilities, or functions.
Agency Dispute and Litigation
Court filings show FEMA supervisors and the agency's Chief Human Capital Officer at the time opposed the half‑staff proposal and flagged analyses that contradicted DHS leadership's plan. The American Federation of Government Employees sued to block the reductions; the judge's decision was a victory for the union and the affected federal employees.
What the Ruling Means
The order prevents DHS from implementing the proposed staffing scheme and preserves FEMA's existing workforce levels for now. The decision underscores judicial limits on agency actions that bypass internal expertise and statutory safeguards designed to protect disaster response capabilities.
Quote: "Frankly, the FEMA staffing plan number appears as if pulled from thin air," Judge Illston wrote in her opinion.
Next steps: The department may explore administrative or legal options in response, but the court's ruling remains binding until any appeal or further court action changes it.
Help us improve.
