A leaked White House draft memo has revealed that the Trump administration is weighing a plan to block backpay for nearly 750,000 furloughed federal employees during the ongoing government shutdown. The internal discussions, reported by Axios, suggest that officials are reinterpreting a 2019 law meant to guarantee workers’ compensation. The move has triggered a sharp backlash from legal experts and Democrats, who accuse the administration of twisting the law to punish government employees.
Shutdown Impact Deepens
The ongoing government shutdown, now in its seventh day, has already forced hundreds of thousands of federal workers to stay home without pay. According to the Congressional Budget Office, as many as 750,000 employees are projected to be furloughed each day the shutdown continues. The leaked memo indicates that the administration may not compensate these workers afterward, marking a major escalation in the standoff between the White House and Congress.
Leaked Memo Reveals Plan
The confidential draft memo, obtained by Axios and confirmed by three White House insiders, outlines discussions on whether the Trump administration can legally deny backpay to furloughed workers. Despite existing legal protections, officials are reportedly exploring ways to reinterpret the law to avoid issuing payments. The revelation has drawn widespread criticism, as many see it as an unprecedented attempt to exploit a loophole in federal law.
Questioning a 2019 Law
The 2019 Government Employee Fair Treatment Act (GEFTA), signed during the historic 2018–2019 shutdown, guarantees retroactive pay to federal employees once government funding resumes. However, the leaked memo shows that Trump officials believe the law’s language leaves room for dispute. “Does this law cover all these furloughed employees automatically?” one senior White House official asked Axios. “The conventional wisdom is: yes, it does. Our view is: no, it doesn’t.”
Legal Interpretation Disputed
At the center of the controversy is a clause in GEFTA stating that backpay will be provided “subject to the enactment of appropriations Acts ending the lapse.” White House officials are reportedly using this phrase to argue that Congress must specifically allocate the funds. “If it [GEFTA] was self-executing, why did Congress do that?” said one official. “It’s precedent, [and any other interpretation is] ridiculous.” This interpretation could block automatic payments, sparking outrage among government employees.
Experts Dismiss the Claim
Legal experts say the administration’s reading of the law has no basis. “There is no legal authority to support that interpretation of the statute,” said Nekeisha Campbell, a Washington, D.C.-based labor attorney. “When the language of a statute is plain, courts must apply it except in the rare circumstance when there is a clearly expressed legislative intent to the contrary… The law here is quite clear. The caveat is, if you follow the law.” Campbell’s statement reflects growing concern that the administration is undermining workers’ rights.
White House Defends Its Position
Despite legal objections, White House officials maintain that the law remains ambiguous. Another senior administration official told Axios that Democrats were to blame for the current situation, saying, “This would not have happened if Democrats voted for the clean [continuing resolution].” The administration’s attempt to shift responsibility to Democrats underscores how the shutdown has become a political weapon in Washington’s funding battles.
Growing Backlash and Fallout
The revelation of the draft memo has sparked outrage across political and legal circles. Critics argue that denying pay to furloughed workers would further cripple families already struggling with halted incomes. The leaked plan is seen as a direct attack on the 2019 protections enacted to prevent such exploitation during shutdowns. As the deadlock continues, public pressure is mounting on the administration to clarify its stance and end the uncertainty facing hundreds of thousands of workers.