WASHINGTON — The Department of Homeland Security on April 10 directed thousands of furloughed employees at the Federal Emergency Management Agency and the Cybersecurity and Infrastructure Security Agency to return to work in a paid status. DHS Chief Human Capital Officer La' Toya Prieur issued a notice instructing all DHS employees to report on their next regularly scheduled duty day, even as most of the department remains shut down and unfunded by Congress.

A separate internal message directed that all FEMA employees be placed in exempt status and report in person to their normal duty stations. The administration said the recall was necessary to maintain national security and disaster readiness, with hurricane season approaching and spring flooding underway. Recalled FEMA employees are barred from working overtime and must limit their duties to excepted functions.

DHS determined that employees' roles advance the purpose of available appropriations, allowing them to resume normal duties despite the funding gap. The department is using available funds to ensure employees are paid. The recall notice stated that if those funds are exhausted, employees will receive a new notification of their work status. Employees were warned that failure to report for duty as directed may result in administrative or disciplinary action.

Historically, during federal funding lapses, only excepted employees — those deemed necessary for the protection of life and property — continue working, usually without pay, while non-excepted workers are furloughed and barred from performing their duties. The Antideficiency Act restricts federal agencies from obligating funds that are not appropriated by Congress. Internal emails referenced the president's order directing the immediate payment and recall of all furloughed DHS employees.

A presidential memorandum issued on April 3 directed the department to find a way to provide back pay for DHS workers since the shutdown began on Feb. 14. More than 35,000 DHS employees began receiving paychecks last Friday, the first time they had been paid in weeks. Secretary Markwayne Mullin said most department employees would see money covering recently missed pay periods in their accounts by Monday.

Mullin said future paychecks for DHS employees outside of law enforcement would depend entirely on Congress. DHS had informed employees that they would not be paid again until Congress resolves funding for the agency. Money within the Disaster Relief Fund is running low as the shutdown continues, and a stalled DHS appropriations bill would replenish the fund with more than $26 billion.

Last month, the Senate reached a deal to fund DHS except for Immigration and Customs Enforcement and Customs and Border Protection. House Republicans initially opposed the Senate plan, but GOP leaders and the president later supported funding the department through the normal appropriations process and ICE and CBP through budget reconciliation without Democratic votes. Some House Republicans said they would not support a broader DHS funding bill until progress is made on the reconciliation package. President Trump said he wants a reconciliation bill on his desk by June 1.