Liberating the Department of Homeland Security From the Democrat-Caused Shutdown
This Presidential Memorandum, issued to the Secretary of Homeland Security and the Director of the Office of Management and Budget, declares a national security emergency due to the failure of congressional Democrats to fund the Department of Homeland Security (DHS), resulting in unpaid employees.
The President directs the Secretary of Homeland Security to use available DHS-related funds to immediately compensate all DHS employees for the pay and benefits they missed during the shutdown, ensuring that critical operations like border security and disaster response (FEMA) remain staffed and capable until Congress reinstates regular funding.
Arguments For
Ensures the financial well-being of over 35,000 Department of Homeland Security (DHS) employees, including those in critical operations like border security and emergency response, who have gone without pay for nearly two months.
Addresses a perceived national security emergency caused by the lapse of DHS funding, ensuring that essential functions performed by Customs and Border Protection, Immigration and Customs Enforcement, FEMA, and CISA are not compromised by operational disruptions due to unpaid staff.
Utilizes an identified emergency authority to provide immediate financial relief to federal employees performing essential duties during a funding gap, maintaining agency readiness for disaster response and security threats.
Provides a mechanism (using funds with a 'reasonable and logical nexus' to DHS functions) to bridge the gap until Congress restores regular funding, allowing for subsequent funding adjustments to cover these expenses.
Arguments Against
Bypassing the standard appropriations process by using existing funds to cover salaries that Congress failed to authorize raises concerns about separation of powers and the constitutional authority of the executive branch regarding spending.
The memorandum relies on classifying the issue as an 'emergency situation compromising the Nation's security,' which opponents might argue is an overreach of executive classification, especially when a legislative solution (funding bill) is the traditional remedy.
Creates potential accounting complications later, as indicated by the need to "adjust applicable funding accounts within DHS" once regular funding resumes, which might violate budgetary laws like 31 U.S.C. 1301(a) which the order purports to follow.
Contains standard legal disclaimers stating it does not create enforceable rights, potentially leaving employees legally vulnerable if the promised adjustments or 'back pay' are not executed as intended by the administration once funding is restored.
Presidential Actions
MEMORANDUM FOR THE SECRETARY OF HOMELAND SECURITY
THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET
SUBJECT: Liberating the Department of Homeland Security From the Democrat-Caused Shutdown
Nearly 7 weeks have elapsed since Democrats shut down the Department of Homeland Security (DHS) to prevent the brave men and women who work for U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection from performing their duties to secure our country’s borders and enforce our immigration laws. More than 35,000 employees, including Coast Guard civilians, Federal Emergency Management Agency employees helping to prepare the Nation for disaster response, and cybersecurity professionals at the Cybersecurity and Infrastructure Security Agency, have gone without a paycheck for nearly 2 months because of congressional Democrats. As a result, thousands of DHS employees who are performing their critical public safety responsibilities are struggling to make ends meet and provide for their families. 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.
As President of the United States, I have determined that these circumstances constitute an emergency situation compromising the Nation’s security. Accordingly, I hereby direct the Secretary of Homeland Security, in coordination with the Director of the Office of Management and Budget, to use funds that have a reasonable and logical nexus to the functions of DHS to provide each and every employee of DHS with the compensation and benefits that would have accrued to them if not for the Democrat-led DHS shutdown, consistent with applicable law, including 31 U.S.C. 1301(a).
Once regular funding for DHS has been restored, every effort should be made, as authorized by law, to adjust applicable funding accounts within DHS to ensure the continuation of DHS operations and activities consistent with planned expenditures prior to the lapse.
Nothing in this memorandum shall be construed to impair or otherwise affect the authority granted by law to an executive department or agency, or the head thereof; or the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
The post Liberating the Department of Homeland Security From the Democrat-Caused Shutdown appeared first on The White House.
The opening section presents the title, navigation structure of the White House website, and identifies the recipients of the memorandum: the Secretary of Homeland Security and the Director of the Office of Management and Budget (OMB).
The subject line frames the action as necessary to free the Department of Homeland Security (DHS) from a shutdown attributed to congressional Democrats.
This section frames the context by stating that the DHS shutdown has lasted nearly seven weeks, preventing personnel at U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) from securing the border.
It emphasizes that over 35,000 employees, including those at FEMA and the Cybersecurity and Infrastructure Security Agency (CISA), have gone without pay, causing financial hardship while they perform critical public safety roles.
The administration asserts that this situation compromises the nation's security and emergency readiness.
As President of the United States, I have determined that these circumstances constitute an emergency situation compromising the Nation’s security. Accordingly, I hereby direct the Secretary of Homeland Security, in coordination with the Director of the Office of Management and Budget, to use funds that have a reasonable and logical nexus to the functions of DHS to provide each and every employee of DHS with the compensation and benefits that would have accrued to them if not for the Democrat-led DHS shutdown, consistent with applicable law, including 31 U.S.C. 1301(a).
The President invokes authority based on determining that the circumstances create an emergency that compromises national security.
The directive instructs the Secretary of Homeland Security, working with the OMB Director, to use existing DHS funds that are logically connected to DHS operations.
This action aims to provide all DHS employees with the full compensation and benefits they would have received had the shutdown not occurred.
This is explicitly stated to be done consistent with applicable law, referencing 31 U.S.C. 1301(a), which generally pertains to the necessity of appropriations for government expenditures.
Once regular funding for DHS has been restored, every effort should be made, as authorized by law, to adjust applicable funding accounts within DHS to ensure the continuation of DHS operations and activities consistent with planned expenditures prior to the lapse.
This clause addresses the process after Congress eventually restores full funding for DHS operations.
The directive requires that efforts be made, within the bounds of the law, to reconcile the agency's funding accounts.
This reconciliation seeks to ensure that DHS operations and activities continue as originally planned before the funding lapse, effectively backfilling or adjusting accounts used to cover the emergency salary payments mandated by the previous paragraph.
Nothing in this memorandum shall be construed to impair or otherwise affect the authority granted by law to an executive department or agency, or the head thereof; or the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
This concluding paragraph includes standard legal caveats to limit the legal scope of the memorandum.
It clarifies that the directive does not override existing legal authorities granted to executive departments or limit the OMB Director's roles regarding budget proposals or legislation.
Furthermore, it states that implementation must adhere to applicable law and depend on the availability of appropriations.
Crucially, the memorandum explicitly denies creating any legally enforceable right or benefit, either substantive or procedural, for any party against the United States government or its personnel.
DONALD J. TRUMP
The post Liberating the Department of Homeland Security From the Democrat-Caused Shutdown appeared first on The White House.
This final segment formally concludes the document, showing it was signed by Donald J. Trump.
The concluding text with the post link is standard website formatting indicating where this presidential action was published online.
This is the official signing block confirming the President's enactment of the memorandum's directives regarding DHS employee compensation during the shutdown.
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