No Back Pay For Furloughed Feds Threatened By Trump: MD Reaction

WASHINGTON, DC — Maryland members of Congress have condemned a memo circulated by the Trump White House on Tuesday that said there is no guaranteed back pay for federal workers during the government shutdown, reversing what has been a longstanding policy for about 750,000 furloughed employees.

U.S. Sen. Chris Van Hollen released a statement on X, calling the memo "more fear mongering from a president who wants a blank check for lawlessness."

"Let me be clear: back pay for these workers is required under a federal law I wrote with former Sen. (Ben) Cardin — which Trump signed — during the last Trump shutdown," the Democratic senator said.

U.S. Rep. Sarah Elfreth, a Democrat, also pointed out the bill passed by Congress and signed by Trump in 2019.

"This government shutdown gives the President NO new authority to fire, withhold pay or otherwise attack federal workers," she said. "Since day one of this Administration, I have stood with our hardworking civil servants – that won’t change during this shutdown."

The legislation signed into law after the longest government shutdown in 2019 ensures that federal workers receive back pay during any federal funding lapse. But in the new memo, Trump's Office of Management and Budget says back pay must be provided by Congress, if it chooses to do so, as part of any bill to fund 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 during an event at the White House.

He said back pay “depends on who we're talking about.”

On Tuesday afternoon, Sen. Angela Alsobrooks shared a statement saying the law is "unequivocal."

"All furloughed and essential federal workers must receive back pay in the event of a government shutdown," she said. "It is a sick thing for Republicans to shut down the government and then stiff the people who work hard for the American people."

Refusing retroactive pay to the workers, some of whom must remain on the job as essential employees, would be a stark departure from norms and practices and almost certainly would be met with legal action.

While federal workers — as well as service members of the military — have often missed paychecks during past shutdowns, they are most always reimbursed once the government reopens.

“That should turn up the urgency and the necessity of the Democrats doing the right thing here,” said House Speaker Mike Johnson at a press conference at the Capitol.

Johnson, a lawyer, said he hadn’t fully read the memo, but “there are some legal analysts who are saying that it may not be necessary or appropriate to repay the federal workers."

On Monday, Rep. Johnny Olszewski, a Democrat, said on X that he will not accept pay during the shutdown.

"Members of Congress should be treated exactly the same as we’re asking employees of this government to be treated," Olszewski said. "I'm withholding my congressional pay for the duration of the federal government shutdown, and I call on my colleagues in both the House and Senate to do the same."

Rep. Kweisi Mfume, a Baltimore Democrat, had similar thoughts.

"Last week, I requested to have my federal pay be withheld until after the government shutdown has ended. I continue to stand with the thousands of federal government employees who are being forced to work without pay," Mfume said on X.

In a single-page memo from Trump’s Office of Management and Budget under Russ Vought, first reported by Axios, the office's general counsel seeks to lay out a legal rationale for no back pay for federal workers.

The memo explains that while the Government Employee Fair Treatment Act of 2019 says workers shall be paid after federal funding is restored, it argues the action is not self-executing. Instead, the memo says, repaying the federal workers would have to be part of legislation to reopen the government.

The OMB analysis draws on language familiar to budget experts by suggesting that the 2019 bill created an authorization to pay the federal workers, but not the actual appropriation.

Congress, it says, can decide whether it wants to pay the workers or not.

For now, Congress remains at a standstill, with neither side nor the White House appearing willing to budge. Democrats are fighting for health care funds to prevent a lapse in federal subsidies that threaten to send insurance rates skyrocketing. Republicans say the issue can be dealt with later.

In a post on X, Maryland U.S. Rep. April McClain Delaney said she will be hosting a telephone town hall at 5:30 p.m. on Tuesday. Van Hollen, Sen. Angela Alsobrooks and House Democratic Caucus Chair Pete Aguilar (CA-33) will also participate.

"Americans deserve better than a shutdown," McClain Delaney said. "Our country and its people deserve a government that works — and I’m doing everything I can to make that happen."

The Associated Press contributed to the reporting of this story.