Judge Rules DHS Plan to Cut FEMA in Half Was Unlawful: What FEMA CORE Employees Need to Know
A federal judge has ruled that the DHS plan to cut FEMA in half was unlawful, delivering a major win for FEMA employees. On Friday, September 11, 2026, Judge Susan Illston of the U.S. District Court for the Northern District of California found that the Department of Homeland Security unlawfully usurped FEMA's authority over its own workforce, and that the plan to cut the agency roughly in half was arbitrary and capricious. The 32-page decision is not the end of the case, but it changes the landscape for FEMA employees, especially CORE employees who were non-renewed in January.
The Law at the Center of the Case
The ruling turns on the Post-Katrina Act, in which Congress provided that the DHS Secretary "may not substantially or significantly reduce" FEMA's authorities, responsibilities, or functions. The court found that DHS's takeover of FEMA workforce decisions crossed that line. The judge also found that the government violated the RIF ban contained in the law that ended the government shutdown. Notably, the government never responded to that argument.
Three Findings That Stand Out
A Staffing Number "Pulled From Thin Air"
FEMA's own staffing analyses concluded the agency needed 23,000 to 25,000 people. The number sent to DHS was 11,383. The judge's assessment was blunt: "Frankly, the FEMA staffing plan number appears as if pulled from thin air."
Renewal Paperwork That Was Never Sent
FEMA's HR chief spent Christmas Day preparing renewal paperwork for 303 CORE employees whose supervisors wanted to keep them. The official running FEMA never sent it. Her New Year's Eve note, following a meeting with DHS, read: "Not going to approve the CORES." Employees received non-renewal emails with a day's notice or less and lost system access immediately.
Deleted Signal Messages
Officials discussed the cuts on Signal, on personal phones, using auto-delete timers they set themselves. The court found the deletion was intentional. As a result, the court will now presume that the deleted messages would have been unfavorable to the government.
A Winter Storm Decided Who Kept Their Jobs
One detail captures the arbitrariness the court identified. The non-renewals stopped on January 22 for a single reason: a winter storm. The judge wrote that if the storm had arrived earlier or later, different employees would have lost their jobs. That is not workforce planning. As Shaun Southworth put it, that is a coin flip with your livelihood.
What Happens Next
This decision is not final. The judge ordered both sides to negotiate a remedy. If they cannot agree, they must file with the court by October 9, 2026. Back pay and reinstatement are on the table. In the meantime, DHS still controls CORE renewals today.
What FEMA CORE Employees Should Do Now
If you are a CORE employee who was non-renewed or whose appointment was shortened, the remedy phase is where your documentation matters most. Preserve your non-renewal email, your not-to-exceed (NTE) paperwork, and your supervisor's renewal recommendation. Those records help establish who you are, what your supervisors wanted, and what the agency did instead.
Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation. You can contact Southworth PC at attorneysforfederalemployees.com.