The Department of Homeland Security ordered thousands of furloughed employees back to work despite the ongoing government shutdown, raising constitutional questions about spending federal money without congressional appropriation.

Shutdown Protocols Abandoned

DHS Chief Human Capital Officer La’Toya Prieur issued an April 10 directive requiring all department employees to return to work immediately, effectively eliminating the traditional distinction between essential and non-essential personnel during funding lapses. The notice stated all workers would receive paid status and must report on their next scheduled duty day. A separate message to Federal Emergency Management Agency staff made the requirement explicit, ordering all employees to report in person to their normal duty stations.

The move follows a February 14 shutdown that left workers without paychecks for weeks. More than 35,000 DHS employees received their first payments last Friday after a presidential memorandum directed the department to provide back pay. Secretary Markwayne Mullin confirmed most employees would see missed payments by Monday, but warned future paychecks depend entirely on congressional action.

Legal Questions on Spending Authority

The recall order raises immediate concerns about the Antideficiency Act, which prohibits federal agencies from spending money Congress has not appropriated. DHS acknowledged using limited available funds but provided no timeline for when those resources might run out. The department warned employees they would receive new status notifications if current funding is exhausted. Some House Republicans have refused to support DHS funding until progress is made on a broader reconciliation package, which President Trump wants on his desk by June 1.

What This Means

The Trump administration appears to be expanding the definition of excepted work to cover broad homeland security operations, justifying the action as necessary for national security and disaster preparedness. Internal emails referenced a presidential order directing immediate payment and recall of all furloughed DHS employees. Workers were warned that failure to report could result in disciplinary action. The department cautioned that employees should not expect additional paychecks until Congress resolves the funding impasse, creating uncertainty for thousands of federal workers.