Presidential memorandum

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.