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Presidential Memorandum on DHS Employee Compensation During Funding Lapse

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Published April 3rd, 2026
Detected April 3rd, 2026
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Summary

The White House issued a Presidential Memorandum directing the Department of Homeland Security to use available funds to compensate approximately 35,000 employees who have not received pay during a funding lapse. The memorandum invokes emergency authority and directs coordination with the Office of Management and Budget to ensure DHS employees, including those at CBP, ICE, Coast Guard, FEMA, and CISA, receive compensation and benefits.

What changed

President Trump issued a memorandum on April 3, 2026, declaring an emergency situation compromising national security and directing DHS to pay approximately 35,000 employees who have been without pay for nearly 7 weeks. The memorandum directs DHS, in coordination with OMB, to use funds with a reasonable nexus to DHS functions to provide compensation and benefits that would have accrued but for the funding lapse, consistent with 31 U.S.C. 1301(a). The action covers DHS civilians, Coast Guard civilians, FEMA employees, and CISA cybersecurity professionals.

DHS and OMB must immediately coordinate to implement employee compensation under this memorandum. Once regular appropriations are restored, DHS should adjust funding accounts to ensure continuation of operations consistent with prior planned expenditures. This memorandum does not create any new enforceable rights and is subject to available appropriations and applicable law.

What to do next

  1. Coordinate with OMB to identify and reallocate available funds with nexus to DHS functions
  2. Issue compensation and benefits to all affected DHS employees retroactive to the funding lapse
  3. Prepare to adjust funding accounts upon restoration of regular DHS appropriations

Source document (simplified)

Presidential Actions

Liberating the Department of Homeland Security From the Democrat-Caused Shutdown

Presidential Memoranda

April 3, 2026

MEMORANDUM FOR THE SECRETARY OF HOMELAND SECURITY

THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET

SUBJECT:       Liberating the Department of Homeland Security From the Democrat-Caused Shutdown

Nearly 7 weeks have elapsed since Democrats shut down the Department of Homeland Security (DHS) to prevent the brave men and women who work for U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection from performing their duties to secure our country’s borders and enforce our immigration laws.  More than 35,000 employees, including Coast Guard civilians, Federal Emergency Management Agency employees helping to prepare the Nation for disaster response, and cybersecurity professionals at the Cybersecurity and Infrastructure Security Agency, have gone without a paycheck for nearly 2 months because of congressional Democrats.  As a result, thousands of DHS employees who are performing their critical public safety responsibilities are struggling to make ends meet and provide for their families.  This callous treatment of DHS employees must end in order to ensure that America is not susceptible to security threats and maintains readiness to respond to emergencies.

As President of the United States, I have determined that these circumstances constitute an emergency situation compromising the Nation’s security.  Accordingly, I hereby direct the Secretary of Homeland Security, in coordination with the Director of the Office of Management and Budget, to use funds that have a reasonable and logical nexus to the functions of DHS to provide each and every employee of DHS with the compensation and benefits that would have accrued to them if not for the Democrat-led DHS shutdown, consistent with applicable law, including 31 U.S.C. 1301(a).

Once regular funding for DHS has been restored, every effort should be made, as authorized by law, to adjust applicable funding accounts within DHS to ensure the continuation of DHS operations and activities consistent with planned expenditures prior to the lapse.

Nothing in this memorandum shall be construed to impair or otherwise affect the authority granted by law to an executive department or agency, or the head thereof; or the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.  This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.  This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP

Named provisions

Emergency Declaration DHS Employee Compensation Directive Funding Restoration Procedures

Source

Analysis generated by AI. Source diff and links are from the original.

Classification

Agency
EOP
Published
April 3rd, 2026
Instrument
Rule
Legal weight
Binding
Stage
Final
Change scope
Substantive

Who this affects

Applies to
Government agencies Employers
Industry sector
9211 Government & Public Administration
Activity scope
Government Employee Compensation Emergency Funding Allocation
Geographic scope
United States US

Taxonomy

Primary area
Government & Public Administration
Operational domain
Legal
Topics
Emergency Management Immigration Enforcement National Security

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