Administration’s Move to Gut FEMA Staffing Violates Agency’s Independence and Mission, New Lawsuit Asserts
Coalition of Unions, Non-Profits, and Local Governments File Challenge to DHS’ Attempts to Decimate FEMA’s Workforce
SAN FRANCISCO – The American Federation of Government Employees (AFGE), American Federation of State, County and Municipal Employees (AFSCME), Service Employees International Union (SEIU), and a broad coalition of labor organizations, nonprofit groups, and local governments filed a supplemental complaint Tuesday challenging the unlawful and drastic reduction of staff at the Federal Emergency Management Agency (FEMA). The coalition is represented by Altshuler Berzon LLP, Democracy Forward, Democracy Defenders Fund, Protect Democracy, and the Public Rights Project.
Plaintiffs in the case include AFGE, AFSCME, SEIU, the City and County of San Francisco, California; Santa Clara County, California; the City of Chicago, Illinois; the City of Baltimore, Maryland; Harris County, Texas; and King County, Washington.
The supplemental complaint alleges that the Department of Homeland Security’s (DHS) December 2025 decision to severely reduce FEMA’s staffing levels beginning January 1, 2026 violates congressional protections designed to preserve FEMA’s independence and ensure it can carry out its statutory mission. The complaint further alleges that, if allowed to proceed, DHS’s actions will leave FEMA unable to adequately prepare for or respond to natural disasters and other emergencies, placing lives and property at risk and undermining the very purpose for which Congress created the agency.
The complaint is a supplement to a lawsuit filed in April 2025 by AFGE and a large coalition of groups challenging the Trump administration’s unlawful reorganization and downsizing of the federal government without congressional authority.
“Secretary Noem’s attempts to dismantle FEMA are among the most egregious actions taken by this administration,” said AFGE National President Everett Kelley. “All Americans rely on the dedicated FEMA workforce, who devote their careers to helping people in their most desperate moments. The unlawful actions described in our lawsuit underscore Secretary Noem’s disregard for human life and further support AFGE’s call for her resignation. AFGE is proud to stand up for our members at FEMA and for the American public’s right to a government that is ready and able to respond when disaster strikes.”
“The administration’s attacks on the workers who provide life-saving services during disasters are shameful and put lives across the country at risk,” said AFSCME President Lee Saunders. “When homes flood, hurricanes and tornadoes devastate communities, or wildfires burn through neighborhoods, FEMA employees show up to help families through the worst days of their lives. Dismantling this workforce will lead to slower response times and preventable loss of life, and further strain emergency response as state and local workers, including AFSCME members, lose this critical support. We will not stand by while the administration recklessly dismantles this essential workforce.”
“FEMA was created by Congress to operate with independence so it can prepare for disasters and respond quickly when communities are in crisis. The Trump-Vance administration’s attempt to drastically reduce FEMA’s workforce ignores those congressional protections and appropriations laws, and threatens the agency’s ability to carry out its mission,” said Skye Perryman, President and CEO of Democracy Forward. “Gutting the staff responsible for disaster preparedness and response does not make the country safer; it leaves families, local governments, and first responders without the support they rely on when emergencies strike. The law does not permit the executive branch to dismantle FEMA in this way, and this lawsuit seeks to ensure the agency can do the job Congress created it to do.”
“When disasters strike, FEMA provides essential support and works to rebuild communities. It is outrageous that this administration is trying to dismantle that capacity on purpose,” said Amb. Norm Eisen (ret.), executive chair of Democracy Defenders Fund. “We're going to court because slashing FEMA staffing means slower response, more confusion, and more families left to fend for themselves.”
“Congress has been very clear that the federal government will not abandon communities facing disasters, and that DHS needs to keep its hands off of FEMA,” said Danielle Leonard, Altshuler Berzon LLP. “DHS Secretary Kristi Noem is ignoring the law to further this Administration’s political agenda, and is doing so at the expense of FEMA, its dedicated employees, and everyone who relies on them.”
Plaintiffs in the case include AFGE, AFSCME, SEIU, the City and County of San Francisco, California; Santa Clara County, California; the City of Chicago, Illinois; the City of Baltimore, Maryland; Harris County, Texas; and King County, Washington.
The supplemental complaint alleges that the Department of Homeland Security’s (DHS) December 2025 decision to severely reduce FEMA’s staffing levels beginning January 1, 2026 violates congressional protections designed to preserve FEMA’s independence and ensure it can carry out its statutory mission. The complaint further alleges that, if allowed to proceed, DHS’s actions will leave FEMA unable to adequately prepare for or respond to natural disasters and other emergencies, placing lives and property at risk and undermining the very purpose for which Congress created the agency.
The complaint is a supplement to a lawsuit filed in April 2025 by AFGE and a large coalition of groups challenging the Trump administration’s unlawful reorganization and downsizing of the federal government without congressional authority.
“Secretary Noem’s attempts to dismantle FEMA are among the most egregious actions taken by this administration,” said AFGE National President Everett Kelley. “All Americans rely on the dedicated FEMA workforce, who devote their careers to helping people in their most desperate moments. The unlawful actions described in our lawsuit underscore Secretary Noem’s disregard for human life and further support AFGE’s call for her resignation. AFGE is proud to stand up for our members at FEMA and for the American public’s right to a government that is ready and able to respond when disaster strikes.”
“The administration’s attacks on the workers who provide life-saving services during disasters are shameful and put lives across the country at risk,” said AFSCME President Lee Saunders. “When homes flood, hurricanes and tornadoes devastate communities, or wildfires burn through neighborhoods, FEMA employees show up to help families through the worst days of their lives. Dismantling this workforce will lead to slower response times and preventable loss of life, and further strain emergency response as state and local workers, including AFSCME members, lose this critical support. We will not stand by while the administration recklessly dismantles this essential workforce.”
“FEMA was created by Congress to operate with independence so it can prepare for disasters and respond quickly when communities are in crisis. The Trump-Vance administration’s attempt to drastically reduce FEMA’s workforce ignores those congressional protections and appropriations laws, and threatens the agency’s ability to carry out its mission,” said Skye Perryman, President and CEO of Democracy Forward. “Gutting the staff responsible for disaster preparedness and response does not make the country safer; it leaves families, local governments, and first responders without the support they rely on when emergencies strike. The law does not permit the executive branch to dismantle FEMA in this way, and this lawsuit seeks to ensure the agency can do the job Congress created it to do.”
“When disasters strike, FEMA provides essential support and works to rebuild communities. It is outrageous that this administration is trying to dismantle that capacity on purpose,” said Amb. Norm Eisen (ret.), executive chair of Democracy Defenders Fund. “We're going to court because slashing FEMA staffing means slower response, more confusion, and more families left to fend for themselves.”
“Congress has been very clear that the federal government will not abandon communities facing disasters, and that DHS needs to keep its hands off of FEMA,” said Danielle Leonard, Altshuler Berzon LLP. “DHS Secretary Kristi Noem is ignoring the law to further this Administration’s political agenda, and is doing so at the expense of FEMA, its dedicated employees, and everyone who relies on them.”
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The American Federation of Government Employees (AFGE) is the largest federal employee union, representing more than 820,000 workers in the federal government and the government of the District of Columbia. For the latest AFGE news and information, visit the AFGE Media Center.
AFSCME's 1.4 million members provide the vital services that make America happen. With members in communities across the nation, serving in hundreds of different occupations — from nurses to corrections officers, child care providers to sanitation workers — AFSCME advocates for fairness in the workplace, excellence in public services and freedom and opportunity for all working families.
SEIU unites 2 million diverse members in the United States, Canada and Puerto Rico. SEIU members working in the healthcare industry, public sector and property services believe in the power of joining together on the job to win higher wages and benefits and to create better communities while fighting for a more just society and an economy that works for all of us, not just corporations and the wealthy. Learn more at www.seiu.org
Altshuler Berzon LLP is a law firm dedicated to providing the highest quality representation in the service of economic justice and the public interest. Altshuler Berzon specializes in labor and employment, constitutional, environmental, civil rights, class action, campaign and election, and impact litigation at both the trial and appellate levels.
Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org
Democracy Defenders Fund brings together a nonpartisan team to work with national, state and local allies across the country to defend in real-time the foundations of our democracy.