Congressional Democrats call federal employee layoffs ‘unlawful,’ vow legal action

Congressional Democrats in Maryland and Virginia warned Tuesday that they would sue over the administration’s planned layoffs and threats of no back pay for unemployed workers.

Both were used as pressure points by the White House to get Senate Democrats to come out of their entrenched position and vote to reopen the government, but until late last week no direct action had been taken.

Late last month, the OMB circulated a memo that there would be reductions in force (RIF) beyond the usual furloughs during a government shutdown. That threat remained until last week, when OMB Director Russ Vought announced on X, the 10th day of the shutdown: “RIFs have begun.”

WHITE HOUSE INCREASES CONSEQUENCES OF SHUTDOWN AS DEMOCRATS SHOW NO SIGNS OF MOVEMENT: “KAMIKAZE ATTACK”

Senator Chris Van Hollen, Democrat of Maryland, and members of the Maryland and Virginia Democratic delegations in Congress denounced the Trump administration’s layoffs of federal employees during the shutdown and threatened legal action in response. (Celal Gunes/Anadolu via Getty Images)

Fast forward to Day 14, and Democratic senators from Maryland and Virginia, states home to tens of thousands of federal employees, have shown no signs of abandoning their shutdown stance despite the layoffs.

“When they tell you the shutdown requires them to lay off these federal employees, don’t believe it for a moment,” said Sen. Chris Van Hollen, Democrat of Maryland. “It’s a big lie. It’s a big lie. It’s also illegal. And we will see them in court.”

Lawmakers also denounced threats that furloughed federal workers would not receive back pay. The Congressional Budget Office (CBO) has estimated that approximately 750,000 non-essential federal employees could be furloughed and their back pay could cost up to $400 million per day.

The threat goes against a law signed by President Donald Trump in 2019 that required unemployed workers to receive back pay during future shutdowns.

“The idea that he doesn’t understand that everyone needs to be reimbursed perhaps shows how short his memory is, or how (he) arbitrarily wants to choose,” said Sen. Mark Warner, D-Va.

SENATE SCHEDULED FOR ANOTHER VOTE TO END THE SHUTDOWN, BUT OBAMACARE Grant Impasse REMAINS

Russell Vought, director of the Office of Management and Budget, announced on X, the 10th day of the shutdown: “RIFs have begun.” (Anna Moneymaker/Getty Images)

As lawmakers threatened to take legal action in court, Rob Shriver, who previously served as acting director of the Office of Personnel Management during the Biden administration before taking a position at the nonprofit Legal Services and public policy research organization Democracy Forward, said a lawsuit was already underway.

“As soon as Russ Vought tweeted Friday, we were on our way back to court to file an emergency motion to stop these illegal RIFs in their tracks,” Shriver said. “A hearing on this motion will be held tomorrow, and whatever happens, we will continue to fight against these illegal RIFs.”

Yet despite the administration’s threats, little progress has been made toward reopening the government. The Senate will vote again Tuesday evening on House Republicans’ continuing resolution (CR), which has so far failed seven times. Both camps are firmly entrenched in their positions.

Trump says government shutdown layoffs ‘up to par’ with Dems as standoff continues

Senate Minority Leader Chuck Schumer, D-N.Y., attends a news conference following a weekly Democratic policy luncheon at the Capitol in Washington, Oct. 7, 2025. (Andrew Harnik/Getty Images)

Senate Democrats, led by Senate Minority Leader Chuck Schumer, D-N.Y., want a firm deal in place to extend expiring Obamacare subsidies before open enrollment begins Nov. 1, while Senate Republicans say they are willing to negotiate a deal only after the government reopens.

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And the Trump administration’s actions and threats appear to have only strengthened Democrats’ resolve on this issue.

“The message we have today is very simple, very simple,” Van Hollen said. “Donald Trump and Russ Vought: Stop attacking federal employees. Stop attacking the American people and start negotiating to reopen the federal government and address the looming health care crisis that threatens us.”