WASHINGTON – President Trump is considering executive action to ensure Transportation Security Administration (TSA) officers continue to report for duty during the ongoing partial government shutdown, a move that would circumvent Congress and attempt to mitigate the growing disruptions to air travel. The potential step, first reported by The Washington Post, comes as lines at airports lengthen and TSA call-outs increase, raising concerns about flight delays and security vulnerabilities.
The White House is reportedly exploring whether the President has the authority to direct the Department of Homeland Security (DHS) to pay TSA employees despite the lapse in congressional funding. This would be a significant escalation in the standoff between the President and Congress over funding for a wall along the U.S.-Mexico border, the primary cause of the shutdown now entering its third week. The President confirmed his intentions in a statement to reporters, saying he would sign an order to pay TSA agents.
The core of the dispute remains the $5.7 billion President Trump is demanding for the border wall, a request Democrats have consistently rejected. Negotiations between the White House and congressional leaders have stalled, with both sides blaming the other for the impasse. The shutdown has already impacted hundreds of thousands of federal employees, many of whom are furloughed or working without pay. The TSA, however, is considered essential personnel, meaning its officers are required to work, but are currently facing financial hardship as they have not received their most recent paychecks.
TSA Absenteeism and Airport Disruptions
The impact of the shutdown on the TSA is becoming increasingly visible. Whereas the agency has maintained that security standards have not been compromised, reports of increased call-outs and longer wait times are mounting. Nextgov/FCW reports that TSA Administrator David Pekoske warned lawmakers last week that the shutdown was impacting TSA’s ability to maintain effective security screening. The agency has been relying on officers working overtime and reassigning personnel from less-busy airports to alleviate the strain.
Several airports across the country have reported significant delays, particularly during peak travel times. Miami International Airport, for example, experienced lengthy security lines on Sunday, with wait times exceeding two hours in some cases. Similar reports have come from airports in Atlanta, Dallas, and other major cities. The potential for more widespread disruptions is growing as the shutdown continues and TSA officers face increasing financial pressure.
The National Air Traffic Controllers Association (NATCA) has also expressed concerns about the impact of the shutdown on air safety, noting that air traffic controllers are also working without pay and facing similar hardships. NATCA President Paul Rinaldi has warned that the situation is unsustainable and could lead to safety issues.
Legal Questions and Presidential Authority
The legality of President Trump’s potential executive action is being questioned by legal experts. The Constitution grants Congress the power of the purse, and some argue that the President cannot unilaterally authorize spending that has not been approved by lawmakers. However, the White House is reportedly exploring legal arguments that would allow the President to act, potentially citing emergency powers or the necessitate to ensure national security. CNN reports that the President has ordered the DHS Secretary to find a way to pay TSA agents.
“There’s a real question of whether the President can simply declare an emergency and start spending money that Congress hasn’t appropriated,” said Carol Lee, a legal scholar at Georgetown University Law Center. “It’s a very delicate balance between executive authority and congressional power.” The issue could ultimately be decided by the courts if Congress were to challenge the President’s action.
The move also raises questions about the broader implications for the separation of powers. Critics argue that if the President can bypass Congress to fund agencies during a shutdown, it could set a dangerous precedent and undermine the legislative branch’s authority.
Impact on Federal Workers and the Broader Economy
Beyond the TSA, the shutdown is affecting hundreds of thousands of federal employees across a wide range of agencies. Furloughed employees are temporarily out of work, while those deemed essential are working without pay. The impact on these workers and their families is significant, with many struggling to make ends meet. The shutdown is also having a ripple effect on the broader economy, as federal contractors and businesses that rely on federal spending are also feeling the pinch. Reuters notes that the longer the shutdown lasts, the more severe the economic consequences are likely to be.
The American Federation of Government Employees (AFGE), the largest federal employee union, has criticized the President’s handling of the shutdown and called for a swift resolution. “Federal employees are dedicated public servants who are essential to the functioning of our government,” said AFGE President J. David Cox. “They should not be used as pawns in a political game.”
What’s Next
The President’s decision to explore executive action to pay TSA officers signals a willingness to escalate the standoff with Congress. The next key development will be whether the President actually issues an executive order and, if so, how Congress responds. Lawmakers could attempt to block the order through legislation or challenge it in court. Negotiations between the White House and congressional leaders remain stalled, but there is still a possibility that a compromise could be reached. The Senate is scheduled to vote on competing proposals to end the shutdown later this week, but their prospects for passage are uncertain. The immediate future of air travel security, and the fate of hundreds of thousands of federal employees, hangs in the balance.
This is a developing story. For the latest updates, please check back with time.news. If you are a federal employee affected by the shutdown, resources and assistance are available through the USA.gov shutdown information page.
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