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A federal judge has ruled that the Trump administration acted unlawfully when it directed the Federal Emergency Management Agency to prepare for a 50% reduction in its workforce, finding that the Department of Homeland Security overstepped legal protections governing the disaster agency.
U.S. District Judge Susan Illston’s ruling Friday marked a victory for the American Federation of Government Employees and other labor groups that challenged the administration’s efforts to reduce the federal workforce. The unions argued that DHS violated congressional protections intended to preserve FEMA’s independence in determining the staffing needed to carry out its mission.
The dispute was part of a broader lawsuit challenging workforce reductions across the federal government.
Illston found that senior DHS officials had directed FEMA leadership to develop a staffing plan calling for a 50% reduction, despite objections from FEMA supervisors. The judge questioned the basis for the target, writing that the number appeared to have been chosen without a documented analysis.
The ruling also concluded that the government violated provisions enacted after Hurricane Katrina that placed decisions about FEMA staffing with the agency and restricted DHS from substantially reducing FEMA’s functions.
The 50% reduction was ultimately not implemented. FEMA has nevertheless undergone substantial workforce changes since the Trump administration took office, including employee departures, terminations and changes to contracts and hiring. Some employees who were previously dismissed have been rehired following leadership changes at FEMA and DHS.
FEMA said Saturday that it does not comment on personnel matters or ongoing litigation but said the agency is prepared for the 2026 hurricane season.
“DHS and FEMA are ready for the 2026 hurricane season,” the agency said, adding that it was working to maintain a stable and deployable workforce while focusing on support for state, local, tribal and territorial partners before, during and after disasters.
Illston did not immediately impose a specific remedy. Instead, she directed the parties to meet and determine what steps should be taken in response to the ruling.
The case comes as FEMA continues to deal with the effects of workforce reductions implemented during the administration’s broader effort to shrink the federal government.
A Government Accountability Office report released in August found that more than 4,300 FEMA employees — about 17% of the agency’s workforce — separated during fiscal year 2025. The number of departures was 55% higher than in fiscal 2024. FEMA averaged about 25,134 employees during fiscal 2025.
The GAO said the departures resulted in a loss of institutional knowledge and experienced personnel and worsened longstanding staffing challenges at FEMA. The watchdog also found that the agency had reduced its workforce without using strategic workforce planning to determine whether it retained enough personnel to meet its mission.
As of April 2026, FEMA reported approximately 20,968 employees, according to the GAO. The agency also told investigators that its pool of employees available for surge support during the 2026 hurricane season was expected to be about 240, down from roughly 600 the previous year.
The GAO recommended that Congress consider requiring FEMA to base significant workforce decisions on the results of strategic workforce planning. The agency said without adequate planning, FEMA could face difficulties determining whether it has the personnel and skills needed to respond effectively to disasters.
The administration established a FEMA Review Council to examine the agency’s role in disaster response and recommend changes. A draft report reviewed by The Associated Press in December 2025 had called for a 50% reduction in FEMA’s workforce, but the council’s final report in May backed away from that specific target and instead recommended a strategic review to determine appropriate staffing levels.
The latest court ruling does not resolve the broader debate over FEMA’s size or structure. It instead addresses how decisions about the agency’s workforce must be made under existing law.
The parties are expected to return to court after meeting over a potential remedy.
