A Controversial Move: Unpaid Federal Employees During DHS Shutdown
In a surprising turn of events, tens of thousands of federal employees are set to receive pay during the Department of Homeland Security's (DHS) shutdown, raising questions and sparking debates.
The U.S. Customs and Border Protection (CBP), a vital component of DHS, has decided to use discretionary funding from the One Big Beautiful Bill Act (OBBBA) to exempt and pay over 57,600 agency employees. This decision, outlined in an email sent by the National Treasury Employees Union, has left many wondering about the implications.
But here's where it gets controversial... While CBP plans to "exempt" and pay a large portion of its workforce, including law enforcement personnel and certain civilians, some CBP employees will still be considered "excepted" and will not receive pay until the shutdown ends. A CBP spokesperson has yet to comment on this decision.
Typically, most CBP staff are "excepted" during shutdowns, meaning they continue working without pay. However, CBP's recent move suggests a shift in strategy, leaving approximately 5,600 employees to work unpaid until the shutdown concludes.
All "excepted" and furloughed federal employees are legally entitled to back pay once funding is restored, thanks to a 2019 law. But the question remains: why are some employees being treated differently during this shutdown?
The following CBP positions are expected to receive pay:
- Economists
- Intelligence professionals
- Personnel management specialists
- Telecommunication specialists
- Agriculture specialists
- Auditors
- General attorneys
- Paralegal specialists
- International trade specialists
- Contracting officers
- Forensic scientists
- General inspection, investigation, and compliance officers
- CBP attachés
- Detection enforcement officers
- Law enforcement information system specialists
- Seized property specialists
- CBP interdiction specialists
- Import specialists
- Customs entry and liquidating specialists
- CBP officers
- Border Patrol enforcement officers
- Aircraft operators
- IT specialists
- Facility mechanics
- Animal caretakers
- Vehicle maintenance mechanics
The OBBBA funding, originally intended for DHS, was not specifically allocated for salaries or operations. However, the Trump administration made an unusual decision last fall to use a portion of this funding for certain employees' paychecks. During the 2025 shutdown, the administration kept paying 70,000 federal law enforcement officers, including CBP personnel, while many civilians worked without pay for 43 days.
The current DHS-only shutdown began on February 14, 2026, due to Congress's inability to agree on immigration enforcement reforms. Approximately 90% of the over 260,000 DHS employees are continuing to work, including those who are "excepted" and unpaid. This includes employees from the Transportation Security Administration, FEMA, the Cybersecurity and Infrastructure Security Agency, and Coast Guard civilian personnel.
And this is the part most people miss... Excepted DHS employees will soon receive a partial paycheck for the current pay period, covering hours worked before the shutdown. If the shutdown persists into March, these employees will miss their first full paycheck.
A DHS spokesperson directed all inquiries about shutdown pay to the Office of Management and Budget (OMB). An OMB spokesperson stated that law enforcement personnel and key support staff continue to receive pay based on the "same logic and rationale" as the previous shutdown.
Federal News Network has provided detailed information on the payment and work status of employees across most DHS components. This story was updated on Thursday evening to include comments from OMB.
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