DHS Forces Staff to Return to Work Without Pay As Shutdown Continues

The Department of Homeland Security (DHS) has shattered traditional shutdown protocols by ordering thousands of furloughed staff back to their posts without permanent funding.

In an unprecedented move that shifts the legal ground for federal employment, internal directives obtained by CBS News reveal that workers across the Federal Emergency Management Agency (FEMA) and the Cybersecurity and Infrastructure Security Agency (CISA) must resume duty immediately. This DHS staff return-to-work order, issued by Chief Human Capital Officer La'Toya Prieur on 10 April 2026, effectively erases the distinction between 'essential' and 'non-essential' personnel.

'All DHS employees ... are being returned to a work and paid status,' Chief Human Capital Officer La' Toya Prieur wrote. Another message to FEMA staff dispensed with nuance. 'All FEMA employees will be placed in exempt status and are expected to report in person to their normal duty station.'

For a workforce that has been sidelined since the Homeland Security shutdown 2026 began on 14 February, the recall brings a mix of professional relief and profound financial anxiety.

Newly confirmed DHS Secretary Markwayne Mullin has indicated that, while back pay was secured for 35,000 employees last week, the department is currently drawing from a 'finite pool' of funds. This federal employee pay update serves as a temporary reprieve, but the department has been blunt: if Congress doesn't act, the money will run out, leaving thousands to work for IOUs.

Traditionally, only 'excepted' employees remain on the job during a shutdown, typically without pay, while others are formally barred from working. The department's new approach stretches that distinction to breaking point. By asserting that a broad range of roles now 'advance the purpose of available appropriations,' DHS has effectively redrawn who counts as essential.

Pay Restored, For Now

The recall follows a presidential memorandum issued on 3 April, directing the department to secure back pay for staff affected by the shutdown. It was the first time in weeks that salaries had been deposited into the accounts of over 35,000 employees.

Mullin signalled that most workers would see compensation for missed periods by early this week. 'The majority of everybody will be paid by then,' he told CBS News during a visit to Chimney Rock, North Carolina.

Mullin also acknowledged the limits of what the department can sustain without congressional funding. 'Going forward, we've got to wait on Congress. This was kind of a rifle shot,' he said, pointing to the scale of payroll costs every two weeks.

Employees have been warned that future pay is far from guaranteed. The department's notice makes clear that current salaries are being drawn from 'available funds', a finite pool that could be exhausted quickly.

Capitol Hill Gridlock Persists

The impasse that triggered the shutdown remains unresolved. The Senate previously agreed on a funding framework for DHS that excluded Immigration and Customs Enforcement and Customs and Border Protection. That compromise failed to gain immediate traction in the House, where Republican divisions stalled progress.

Since then, party leaders and the White House have shifted towards a two-track approach, aiming to fund DHS through the standard appropriations process while addressing ICE and CBP through budget reconciliation, a route that bypasses the need for Democratic votes. Some House Republicans have resisted even that, insisting on movement on the reconciliation package before backing broader funding.

President Donald Trump has said he wants a reconciliation bill on his desk by June 1. That deadline hangs over a workforce now back on duty but still tethered to political negotiations that show little sign of quick resolution.

Legal Boundaries Under Pressure

Bringing furloughed employees back raises immediate legal concerns, particularly under the Antideficiency Act, which prohibits federal agencies from incurring obligations or expenditures that Congress has not appropriated. The administration appears to be leaning on emergency authorities or expanding its reading of what qualifies as 'excepted' work.

Critics argue that such a move risks undermining the legal framework designed to prevent precisely this kind of spending.

DHS has framed the decision in operational terms, citing national security and disaster preparedness. Emails reference the president's order 'directing the immediate payment and recall of all furloughed Department of Homeland Security employees'.

Disaster Preparedness In Focus

For FEMA, the immediate effect is practical as hurricane season approaches and flooding already affecting parts of the country, restoring the full workforce allows planning and coordination to resume at a level that a shutdown would otherwise constrain.

Still, the limits remain as recalled staff cannot work overtime, a critical component of disaster response. Their duties are restricted to functions deemed 'excepted', even as the definition of that term shifts. Meanwhile, the Disaster Relief Fund continues to dwindle, with more than $26 billion in additional funding tied up in the stalled appropriations bill.

For employees, returning to work comes with its own pressure. The department has warned that failure to report could result in disciplinary action. Workers are required to show up, expected to perform, and only conditionally assured of pay.