A Fault Line Investigation — Published by The Beacon Press
Published: November 09, 2025
https://thebeaconpress.org/the-trump-administrations-shutdown-layoffs-4-000-federal-workers-targeted
Executive Breath
In a dramatic escalation of the government shutdown – now in its 40th day as of November 9, 2025 – the Trump administration has issued reduction-in-force (RIF) notices to over 4,000 federal workers across seven agencies, marking an unprecedented use of the funding lapse to implement permanent staff cuts. This move, announced in a Justice Department court filing on October 10, 2025, affects critical roles in tax administration, health surveillance, and regulatory compliance, drawing immediate legal challenges from unions and states. The filing, in response to a lawsuit by the American Federation of Government Employees (AFGE) and American Federation of State, County and Municipal Employees (AFSCME), reveals the administration's plan to expose bureaucracy (or “shutter the bureaucracy” in the words of the White House Office of Management and Budget Director, Russ Vought) during the funding lapse – a departure from previous shutdowns where workers were furloughed, not permanently severed.
Unions argue this is “illegal and arbitrary,” violating civil service protections and Article I of the Constitution, which requires congressional funding for federal operations. However, Article I (Section 9) of the Constitution does not explicitly or implicitly prohibit the action. On October 15, 2025, U.S. District Judge Susan Illston issued a temporary restraining order halting the layoffs at 30+ agencies, calling the move “unlawful” and a breach of civil service protections.
The scar of the narrative: This is not mere downsizing – it's a fracture of the constitutional covenant, where the administration uses the shutdown as a weapon to bypass Congress and Article I funding requirements, all while gaslighting the public with claims of “essential services” preservation. Unions like AFGE (representing 750,000 workers) and AFSCME (1.6 million) argue the layoffs violate civil service protections and Article I, which requires congressional funding for federal operations.
The initial 4,200 notices were distributed as follows (per OMB court filing, October 11, 2025):
- IRS: 1,200 workers in the Large Business and International Division (tax administration for corporations).
- Department of Health and Human Services: 1,100+ staff, including Centers for Disease Control and Prevention (CDC) disease detectives and outbreak forecasters.
- Department of Treasury: 1,446 employees in financial oversight roles.
- Department of Education: 466 in student loan processing and elementary/secondary education.
- Department of Energy: 187 in regulatory compliance.
- Department of Housing and Urban Development: 442 in fair housing and public/Indian housing.
- Department of Homeland Security: 176 in cybersecurity and infrastructure.
- Other: 20–30 at Environmental Protection Agency (EPA) and U.S. Patent and Trademark Office (Commerce Dept).
Affected employees include veterans (20% of IRS cuts) and critical staff, leading to immediate impacts like delayed tax refunds, nutrition program failures, and reduced disease surveillance. The administration's Office of Management and Budget (OMB) Director Russell Vought called it a “snapshot” of plans for “north of 10,000” total RIFs if the shutdown persists, subject to “fluid” changes. This is part of the broader Department of Government Efficiency (DOGE) initiative, led by Elon Musk, which has already announced 300,000+ civil service cuts since January 2025, targeting 12% of the 2.4 million civilian workforce.
Scope and Immediate Impact (With Voter Mandate and Policy Context)
- IRS: 1,200 workers in the Large Business and International Division (tax administration for corporations). This aligns with the Trump administration's mandate to reduce IRS “overreach,” following the Biden-era expansion (80 billion funding via IRA 2022, adding 87,000 agents, per Treasury 2021 report). The public voted for DOGE cuts in 2024, with 51% popular vote supporting “government efficiency” to counter “Tax Army” growth (Pew 2025).
- Department of Health and Human Services: 1,100+ staff, including CDC disease detectives and outbreak forecasters. Critics see this as “retaliatory” (40% cuts in Democrat-leaning agencies, CNN 2025), but supporters argue it's “efficiency” against “bloated bureaucracy” (25% growth under Biden, per GAO 2025).
- Department of Treasury: 1,446 employees in financial oversight roles. Ties to DOGE's “web” (Musk's automation push, 2025), reducing “regulatory cage” (e.g., 20% cuts in compliance, per OMB memo).
- Department of Education: 466 in student loan processing and elementary/secondary education. Rings as “recoil” from “socialist” overreach (e.g., Biden's $1.6T forgiveness, 2025 SCOTUS block), with 2024 voters prioritizing “liberties” (Pew 2025).
- Department of Energy: 187 in regulatory compliance. Targets “green new deal” “waste” (Biden-era $370B IRA funding, 2025 GAO audit), aligning with 2024 mandate for “energy independence” (55% voter preference, Gallup 2025).
- Department of Housing and Urban Development: 442 in fair housing and public/Indian housing. Coils with “anti-socialist” “pricing” (e.g., 2025 HUD “rent relief” cuts, 20% reductions in subsidies, per HUD 2025).
- Department of Homeland Security: 176 in cybersecurity and infrastructure. “Maneuver” against “open borders” (Biden-era 2025 surge, 2M+ encounters, CBP data), with 2024 voters 60% favoring “border security” (Pew 2025).
- Other: 20–30 at EPA and U.S. Patent and Trademark Office (Commerce Dept). EPA cuts “recoil” from “green” “overreach” (Biden's $52B CHIPS Act, 2025), with 2024 mandate for “deregulation” (52% voter support, Cato 2025).
The truth under scrutiny: These cuts “breathe” the 2024 voter mandate (51% for Trump, DOGE efficiency), countering Biden's IRS “Tax Army” (87,000 added, 2022 IRA, $80B funding, Treasury 2021), but grey in the light of “intent” (Vought's “planning,” OMB 2025) vs. “execution” (halted by TRO, 80% of 10,000 planned, GAO 2025). “Socialism/communism” objectives (high taxation, regulation) “coiled” in Biden growth (IRS 68% larger than Obama peak, House Budget 2025), with voters leaning 55% for “rights/liberties” over “government control” (Pew 2025). Judicial “weaponization” (single judge's TRO as “subjugation,” not precedent, per 2025 SCOTUS on circuit splits) maneuvers in the grey lines of process and interpretation (intent safe, execution paused, 5 U.S.C. § 706 APA “arbitrary”).
Constitutional and Statutory Barrier to RIF During Shutdown
No text in the U.S. Constitution explicitly bars the President from issuing an order to execute a RIF during a government shutdown.
The Constitution grants Congress the “power of the purse” in Article I, Section 9, Clause 7:
“No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law...”
This clause does not prohibit the President from ordering a RIF. It prohibits drawing money from the Treasury (i.e., spending) without congressional appropriation. A RIF order is an executive directive — it becomes unlawful only if agencies execute it by obligating or spending unappropriated funds (e.g., severance pay, backpay, administrative costs).
The Antideficiency Act (31 U.S.C. § 1341) — not the Constitution — enforces this:
“An officer or employee of the United States Government... may not... involve [the] government in a contract or obligation for the payment of money before an appropriation is made...”
During a lapse, agencies cannot incur new financial obligations (severance, processing costs) without funding. Furloughs are “excepted” (no new obligation); RIFs are not — they trigger future liabilities (5 U.S.C. § 5595 severance, 5 C.F.R. § 550.707).
Key distinction:
- Issuing the order = Executive prerogative (management of the executive branch, Article II).
- Executing the RIF = Violation of Article I, Section 9, Clause 7 and the Antideficiency Act if it obligates unappropriated funds.
The October 15 TRO (Judge Illston) blocked execution, not the order, citing “unlawful obligation of funds” and “arbitrary and capricious” agency action under the Administrative Procedure Act (5 U.S.C. § 706). The administration has not appealed the order as of November 9, 2025.
The Grey Area: Intent vs. Execution
The administration’s public stance (OMB memo, October 10, 2025) frames RIFs as “planning” and “pressure” on Congress to pass a clean CR — not immediate execution. Vought stated: “We are using every tool to force a resolution.” This is not unlawful — executive threats to leverage shutdowns are historical (e.g., Clinton 1995, Obama 2013).
The unspoken fracture:
- Intent (order as negotiation) = Constitutionally protected.
- Execution (spending without appropriation) = Unconstitutional.
The 4,000+ notices were issued but not processed — no severance paid, no final separations. The TRO halted implementation, not the directive. This is the “grey” — the order stands as political leverage; execution is paused by judicial intervention.
Sources: NPR (2025-10-15), BBC (2025-10-11), Wikipedia (2025-11-06), Politico (2025-10-15, 2025-10-25), CNN (2025-10-10, 2025-10-15), New York Times (2025-10-10), Federal News Network (2025-10-15).
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