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Trump signs executive action to pay TSA employees after Congress fails to agree on DHS funding

(Reuters/Antranik Tavitian, Reuters/Antranik Tavitian)

WASHINGTON โ€“ President Donald Trump on Friday signed a promised executive action that will pay Transportation Security Administration employees, after a deal that sought to do the same stalled in Congress.

Trump signed the action with an eye toward easing long security lines at many of the nationโ€™s top airports.

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โ€œAmericaโ€™s air travel system has reached its breaking point,โ€ Trump said in the memo authorizing the payments. He added, โ€œI have determined that these circumstances constitute an emergency situation compromising the Nationโ€™s security.โ€

Trump said his administration would use โ€œfunds that have a reasonable and logical nexus to TSA operationsโ€ for the payments.

In a statement Friday, Homeland Security Secretary Markwayne Mullin said TSA workers โ€œshould begin seeing paychecks as early as Monday.โ€

On Thursday night, as lawmakers grappled with the issue, a senior administration official said the money would come from the tax bill Trump signed last year. The official spoke on condition of anonymity because they werenโ€™t authorized to discuss it publicly. They compared the move to actions Trump took during a past shutdown to pay troops.

Trumpโ€™s action came after House Republicans rejected a Senate-passed bill to fund most of the Department of Homeland Security, a revolt that risks delaying a resolution to the funding impasse now in its 42nd day that has created long lines at many of the nationโ€™s airports.

โ€œThis gambit that was done last night is a joke,โ€ House Speaker Mike Johnson said Friday.

Johnson said that instead House Republicans would seek to pass a bill that would fund the entire department at current levels until May 22. He also said he had spoken with Trump about the House Republican plan and the president โ€œsupports it.โ€

House Republicans are angry that the bill passed early Friday by the Senate does not fund Immigration and Customs Enforcement and Border Patrol. Democrats refused to fund those departments without changes to immigration enforcement practices.

โ€œWeโ€™re going to do something different,โ€ Johnson said, challenging the Senate to take up the Houseโ€™s continuing resolution on Monday, assuming it does pass the House, which is uncertain.

Senators have already left town after acting in the early morning hours to end the partial shutdown, so it would take time for them to return if the House ends up passing a different measure. And Senate Democratic leader Chuck Schumer said in a social media post that the 60-day stopgap measure being considered in the House would be โ€œdead on arrival in the Senate, and Republicans know it.โ€

That would mean the DHS shutdown that has jammed airports and imposed financial hardship on thousands of federal workers would continue for the foreseeable future.

With pressure mounting this week to resolve the stalemate, the endgame appeared to emerge just before TSA workers were set to miss another paycheck. Trump said Thursday he would sign an order to immediately pay the TSA agents, saying he wanted to quickly stop the โ€œChaos at the Airports.โ€

A deal was subsequently reached hours later by senators.

โ€œWe can get at least a lot of the government opened up again, and then weโ€™ll go from there,โ€ said Senate Majority Leader John Thune, R-S.D. โ€œObviously, weโ€™ll still have some work ahead of us.โ€

Schumer of New York said the outcome could have been reached weeks ago, and he vowed that his party would continue fighting to ensure Trumpโ€™s โ€œrogueโ€ immigration operation โ€œdoes not get more funding without serious reform.โ€

Senators worked through the night on the deal that would fund much of the rest of the department, including the Federal Emergency Management Agency, the Coast Guard and TSA. While Democrats were successful in blocking more funding for ICE and the Border Patrol, they did not get the new limits on immigration enforcement they were demanding.

Immigration enforcement has remained largely uninterrupted by the shutdown because the GOPโ€™s big tax cuts bill that Trump signed into law last year funneled billions of dollars in extra funds to DHS, including $75 billion for ICE operations.

Conservative Republicans have panned their own partyโ€™s proposals, demanding full funding for immigration operations. Many have vowed to ensure ICE has the resources it needs in the next budget package to carry out Trumpโ€™s agenda.

โ€œWe will fully fund ICE. That is what this fight is about,โ€ Sen. Eric Schmitt, R-Mo., said. โ€œThe border is closing. The next task is deportation.โ€

Earlier Thursday, Thune announced he had given a โ€œlast and finalโ€ offer to the Democrats. But as the day dragged on, action stalled out.

Democrats argued the GOP proposals have not gone far enough at putting guardrails on officers from ICE, Customs and Border Protection, and other federal agencies that are engaged in the immigration sweeps, particularly after the deaths of two Americans protesting the actions in Minneapolis.

They want federal agents to wear identification, remove their face masks and refrain from conducting raids around schools, churches or other sensitive places. Democrats have also pushed for an end of administrative warrants, insisting that judges sign off before agents search peopleโ€™s homes or private spaces - something new Homeland Security Secretary Markwayne Mullin has said he is open to considering.

Trump had largely left the issue to Congress but warned he was ready to take action, threatening to send the National Guard to airports in addition to his deployment of ICE agents, who are now checking travelersโ€™ IDs.

The White House had floated the extraordinary move of invoking a national emergency to pay the TSA agents, a politically and legally fraught approach. Instead, Trumpโ€™s order would pay TSA agents using money from his 2025 tax bill, according to a senior administration official who wasnโ€™t authorized to discuss it publicly and spoke on the condition of anonymity.

If the Senate package is approved by the House and signed into law, the action Trump announced to pay TSA agents may be temporary or unneeded.

The funding shutdown has resulted in travel delays and even warnings of airport closures as TSA workers missing paychecks stop going to work. Those workers had already endured the nationโ€™s longest government shutdown last fall.

Multiple airports are experiencing greater than 40% callout rates of TSA workers, and nearly 500 of the agencyโ€™s nearly 50,000 transportation security officers have quit during the shutdown. Nationwide on Wednesday, more than 11% of the TSA employees on the schedule missed work, according to DHS. That is more than 3,120 callouts.

Everett Kelley, the president of the American Federation of Government Employees, said the union is grateful the TSA workers will be paid but added Congress must stay in session to pass a deal โ€œthat funds DHS, pays all DHS workers, and keeps these vital agencies running.โ€

At George Bush Intercontinental Airport in Houston, Melissa Gates said she would not make her flight to Baton Rouge, Louisiana, after waiting more than 2ยฝ hours and still not reaching the security checkpoint. She said no other flights were available until Friday.

โ€œI should have just driven, right?โ€ Gates said. โ€œFive hours would have been hilarious next to this.โ€