US President Donald Trump’s administration on Tuesday warned that furloughed federal workers may not automatically get back pay once the government reopens — a sharp reversal from years of shutdown practice and a break from a law Trump himself signed in 2019.

A memo circulating from the White House’s Office of Management and Budget (OMB) says Congress would have to choose to grant back pay to the roughly 750,000 federal workers affected by the ongoing shutdown, now stretching into its seventh day.

That interpretation — effectively making workers’ pay dependent on lawmakers’ negotiations — has been widely seen as a pressure tactic aimed at forcing Democrats to reach a deal to reopen the government.

“There are some people that don’t deserve to be taken care of, and we’ll take care of them in a different way,” Trump said at a White House event Tuesday. Asked again about the legality of withholding pay, he added, “I follow the law, and what the law says is correct.”

The 2019 Government Employee Fair Treatment Act, signed by Trump after the nation’s longest shutdown, requires federal employees to be paid retroactively once funding is restored. But the new OMB memo says the law is not “self-executing” — meaning Congress must include back pay in any future funding bill.

The memo, drafted by OMB general counsel Mark R. Paoletta for Director Russ Vought and first reported by Axios, leans on a technical distinction between “authorization” and “appropriation.” It contends that while the 2019 law allows payment, only Congress can actually approve the funds.

LAWMAKERS DIVIDED OVER LEGALITY AND MOTIVE

The memo immediately drew fire on Capitol Hill, where Democrats accused the administration of twisting the law and using federal employees as leverage.

“Another baseless attempt to try and scare and intimidate workers by an administration run by crooks and cowards,” said Senator Patty Murray of Washington, the top Democrat on the Senate Appropriations Committee. “The letter of the law is as plain as can be — federal workers, including furloughed workers, are entitled to their backpay.”

Republicans, meanwhile, largely defended Trump’s stance — or at least avoided contradicting it.

House Speaker Mike Johnson said the memo underscores the need for Democrats “to do the right thing here” and help end the shutdown. He acknowledged he hadn’t read the document in full but noted “some legal analysts” believe repayment might not be mandatory.

Still, some in Trump’s own party sounded less certain. Senate Majority Leader John Thune said his “assumption” remains that furloughed workers will ultimately be paid.

PAYCHECKS IN LIMBO

If the administration holds its ground, it would mark the first time in decades that furloughed federal workers — including some who must remain on duty as “essential employees” — could lose pay entirely during a shutdown. Past administrations, Democratic and Republican alike, have ensured workers were made whole once operations resumed.

With negotiations deadlocked, there’s little sign of movement in Congress. Democrats are demanding renewed health care funding to prevent spikes in insurance premiums, while Republicans argue that issue can be handled later.

– Ends

(With inputs from Associated Press)

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