A federal judge ruled Friday, Sept. 11, 2026, that the Trump administration acted unlawfully by ordering the Federal Emergency Management Agency (FEMA) to cut its workforce in half. U.S. District Judge Susan Illston in San Francisco found that the Department of Homeland Security (DHS) violated federal law by revoking FEMA's authority to renew personnel contracts. The ruling identified the planned cuts as a violation of a 2005 law, established after Hurricane Katrina, which prohibits the department from significantly reducing FEMA's authorities or functions.
The legal challenge was brought by unions and public interest groups in late 2025 and amended in January 2026. The plaintiffs argued that the cuts, ordered by DHS, would undermine the agency's disaster-response mission. While the administration contended that FEMA has the flexibility to set its own staffing levels, Judge Illston noted that the agency projected its staffing for the next fiscal year at 11,383 employees—approximately half of its prior levels—without providing a reasoned basis for the specific number.
In her decision, Illston described the DHS actions as an arbitrary "about-face" that lacked evidence of reasoned decision-making. The judge also issued a separate finding faulting DHS and FEMA officials for using the Signal messaging app on personal phones to discuss staffing and subsequently deleting those messages. Illston stated she would presume the lost communications contained evidence unfavorable to the government. The ruling did not set penalties or remedies, but requested further briefings from both parties.
For the general public, the scale of the staffing reduction could change the delivery of federal aid following natural disasters. The plaintiffs in the case argued that halving the workforce would interfere with FEMA's ability to respond to emergencies. Because CORE members are the personnel who deploy to disaster zones, a significant reduction in their numbers could lead to delays in how households receive emergency funds or how local infrastructure projects receive federal approval.
The decision reinforces a 2005 legal precedent that limits the Department of Homeland Security's power to reduce the functional independence of FEMA. This ruling prevents the administration from proceeding with a central part of its plan to shift emergency responsibilities to state, local, and tribal authorities or to privatize aspects of flood insurance. Both sides have until October 9, 2026, to submit briefings on what relief the judge should finalize. The court is expected to issue a separate ruling on these remedies following those submissions.