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Trump threatens mass layoffs as shutdown begins. Can he do that?

With more than half a million federal workers now furloughed, President Donald Trump is pledging to make this government shutdown even more impactful 鈥� by enacting deep, permanent cuts to the federal workforce. But he鈥檚 already facing legal challenges and questions of whether he鈥檚 even allowed to fire workers during a shutdown.

鈥淲e can do things during the shutdown that are irreversible, that are bad for [Democrats] and irreversible by them, like cutting vast numbers of people out, cutting things that they like, cutting programs that they like,鈥� President Trump said Tuesday, hours before the shutdown began. 鈥淭hey鈥檙e taking a risk by having a shutdown.鈥�

The shutdown comes amid an already-massive reduction in the federal workforce by the Trump administration. The Office of Personnel Management that more than 300,000 federal employees will be gone by the end of the year 鈥� roughly one-eighth of the total federal workforce, which sat at 2.4 million when Mr. Trump returned to the White House. That includes 100,000 workers who responded to the offer and chose early retirement or deferred resignation. Most of those workers had remained on the government payroll while not actually working, with their employment officially ending Sept. 30, the end of the fiscal year.

In previous government shutdowns, wide swaths of federal workers have been put on furlough. But they鈥檝e always come back to work as soon as Congress and the president agreed on a funding deal, and received back pay (mandated by law in 2019 after the last shutdown).

Government departments furloughing majorities of their employees this time include the , the , and what鈥檚 left of the , nearly half of whose employees had by the Trump administration earlier this year.

The EPA in particular could be targeted for further layoffs from the Trump administration.

The Office of Management and Budget (OMB) issued guidance to government agencies last week to plan for permanent layoffs in the case of a shutdown, while the Office of Personnel Management on Sunday to say agencies 鈥渁re authorized to direct employees to perform work necessary to administer the RIF [reduction in force] process during the lapse in appropriations as excepted activities.鈥�

The act of laying off employees requires administrative work by government officials who would normally be placed on furlough during a shutdown. The only people legally authorized to be exempted from furloughs are those whose work is deemed necessary to protect imminent threats to life or property or to support a fully funded government function.

The OMB鈥檚 view that the workers involved in firing employees can continue to do that job in a shutdown is novel 鈥� and legally untested. And it鈥檚 about to face court scrutiny.

On Tuesday afternoon, hours before the shutdown began, the American Federation of Government Employees; American Federation of State, County and Municipal Employees; and other unions to block any mass firings during the shutdown, arguing that they would be an illegal abuse of power.

鈥淭he Trump administration has made unlawful threats to dismantle essential federal services and functions provided by federal personnel, deviating from historic practice and violating applicable laws, if a shutdown occurs,鈥� the lawsuit reads, arguing that effectuating layoffs is 鈥減lainly not a permitted (or 鈥榚xcepted鈥�) function that can lawfully continue during a shutdown.鈥�

Sam Berger, a former senior OMB official during the Obama administration who was involved in navigating the 2013 government shutdown, says the OMB hasn鈥檛 offered 鈥渁ny legal justification鈥� for its argument that employees implementing layoffs can keep working during a shutdown.

鈥淭he shutdown itself does not give them the authority to engage in these widespread firings,鈥� he says. 鈥淭heir HR departments, in most cases, don鈥檛 have funding, and so they should not be able to work on RIFs during a shutdown.鈥�

This appears to be the latest in a series of calculated efforts from OMB Director Russell Vought and the Trump administration to test long-assumed restrictions on executive power in an attempt to expand the power of the presidency.

鈥淭hey are attempting to shape how executive branch power is used in the law, as opposed to a set of norms,鈥� says a senior OMB official from Mr. Trump鈥檚 first term in office who spoke on background. 鈥淎 lot of what this administration is doing is really pushing to get clarified in written law, particularly, what those bounds of executive power are鈥嬧��.鈥�

This official was involved in navigating furloughs the last time government funding lapsed, in late 2018 and early 2019. That 35-day shutdown, the longest in U.S. history, occurred because Mr. Trump was trying to force Democrats to give him funding for a wall along the U.S.-Mexico border.

The Trump administration鈥檚 goal then was to minimize the amount of disruption felt by the American public. But now, Democrats are the ones forcing the shutdown, to try to get Republicans to continue funding 鈥淥bamacare鈥� subsidies so millions of people don鈥檛 see steep jumps in health care premiums. That means the shoe is on the other foot 鈥� and Mr. Trump is looking to exert maximal pressure.

鈥淲e鈥檇 be laying off a lot of people,鈥� the president said Tuesday afternoon. 鈥淎 lot of good can come from shutdowns. We get rid of a lot of things that we didn鈥檛 want. And they鈥檇 be Democrat things.鈥�

Democrats responded that Mr. Trump had shown his true colors with that statement.

鈥淲ell, there it is. Trump admitted himself that he is using Americans as political pawns,鈥� Senate Minority Leader Chuck Schumer said Tuesday afternoon in response to Mr. Trump鈥檚 layoff threats.

When asked if he were worried that the shutdown would lead to more layoffs, Mr. Schumer said, 鈥淗e鈥檚 doing it anyway. They鈥檝e already cut 300,000 people. ... It will fall on him. He鈥檚 the one doing the firings, not Democrats.鈥�

The courts will likely decide if they鈥檙e allowed to go through.