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Officials Warn Shutdown Layoff Order May Be Illegal, Report Says

The White House is signaling reductions in force during the funding lapse despite internal warnings about their legality.

Overview

  • President Trump said large numbers of federal employees would be laid off if the shutdown continues, casting the move as a response to Democrats.
  • Vice President J.D. Vance said some layoffs would be necessary to keep essential services running, though he offered no specifics on how firings would aid operations.
  • The Washington Post reported that senior federal officials are privately counseling agencies that ordering mass reductions in force during a shutdown may violate law.
  • Officials cited potential conflicts with the Antideficiency Act, including concerns over severance costs, as unions filed lawsuits seeking to block threatened firings.
  • OMB has repeatedly signaled mass dismissals during a shutdown and defended RIFs as excepted activity, but no layoffs have been carried out and there is no legal requirement to fire employees during a funding lapse.