The seven-week shutdown of the Department of Homeland Security has entered a new phase as President Donald Trump issued a memorandum to bypass the ongoing congressional stalemate.
Citing an “emergency situation compromising the Nation’s security,” the White House has directed the Secretary of Homeland Security and the Office of Management and Budget to find a way to pay the department’s 35,000 employees immediately.
For nearly two months, a broad swath of the federal workforce—including Coast Guard civilians, FEMA disaster response teams, and cybersecurity experts at CISA—has been working without pay. The President’s directive instructs officials to utilize existing funds that have a “reasonable and logical nexus” to the department’s functions to cover the back pay and benefits of these workers.
In the memorandum, President Trump placed the responsibility for the funding lapse on congressional Democrats, characterizing the situation as a “Democrat-caused shutdown” intended to hinder immigration enforcement.
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“This callous treatment of DHS employees must end in order to ensure that America is not susceptible to security threats and maintains readiness to respond to emergencies,” the President stated.
The order specifically targets the financial strain on employees at U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP). While these agents have remained on duty to secure the borders and enforce federal laws, they have gone without compensation since the shutdown began.
The President’s move relies on 31 U.S.C. 1301(a), a section of the U.S. Code governing the use of appropriations.
The memorandum stipulates that once regular funding is eventually restored by Congress, the department will make every effort to “adjust applicable funding accounts” to ensure operations align with original spending plans.
While the executive action aims to provide immediate financial relief to thousands of struggling families, the memorandum notes that the order does not create any new legal rights or benefits enforceable in court. It remains to be seen how quickly the Department of Homeland Security can shift these funds to get checks into the hands of its workforce.
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