Federal government shutdowns have become the new way of wielding political power by the party in Congress that is not getting what it wants. By definition, a government shutdown occurs when Congress fails to pass funding legislation, which leads to government services being suspended and federal employees being furloughed, except for those essential for national security. That includes federal law enforcement officers, the intelligence community, air traffic controllers and uniformed members of the U.S. military.
This has not always been the case. Up until the late 1970s, if Congress failed to pass a budget, agencies and their personnel would continue to operate by minimizing nonessential activities and spending, believing Congress did not intend for agencies to close shop.
Frustrated by Congress’s repeated failures to pass timely appropriations — the main job of Congress — in 1980, President Carter asked the attorney general to provide an opinion on how to interpret funding gaps in the context of the Antideficiency Act. The Antideficiency Act prohibits agencies from spending money before an appropriation is enacted or above the amount specified in law. That interpretation led to the new norm we now experience: the federal government shutdown, 15 of which have occurred since the Antideficiency Act became law.
The two exceptions allowed under the act are for spending money to close agencies and when spending is tied to an agency’s functioning and the safety of human life or the protection of property. That’s why the U.S. military, federal law enforcement and intelligence agencies continue to work without being paid.
Federal employees left waiting while Congress stalls
While personnel in those national security agencies have to work, the rest of the federal workforce sits home waiting to see when they will return to work and if they will be paid.
Those employees include not only those who process benefit checks for Americans — including with the Veterans Administration — but also employees in Health and Human Services under the Administration for Strategic Preparedness and Response, who respond to mass casualty incidents and help coordinate medical responses.
All are considered nonessential and are sitting home while Congress squabbles over the budget.
For those working — like ICE personnel rounding up criminal illegal aliens, Secret Service agents protecting President Trump, or Coast Guard personnel who just apprehended a murderer in North Carolina — working under these circumstances is both operationally and personally challenging.
Shutdown stress hits home for federal law enforcement
Having worked during many shutdowns in my career, including being on the Oval Office door during the first shutdown of the Obama administration, I know questions about the ability to pay bills and how to put food on the table become very real after the first pay date passes. Despite the hype, most federal employees, especially those in high-cost-of-living areas, live like many Americans — paycheck to paycheck. When a paycheck or two is missed, bills still need to be paid, and that becomes a personal distraction for those who are supposed to be focused on protecting America. That distraction can pose national security implications and consequences if a shutdown is prolonged.
On the operational front, these agencies are effectively working with less than half the tools and support they need to do their jobs. Many civilians in federal law enforcement, the U.S. military and intelligence agencies not only ensure pay is processed but also perform many of the support functions vital to investigations and the protection of U.S. personnel and interests.
Shutdowns weaken national security and recruitment
Many civilian personnel in those agencies are also subject matter experts. For example, in the U.S. Secret Service, the National Threat Assessment Center — which helps identify and provide investigative expertise on threats — is not staffed because it is shut down. This makes it difficult for those agencies to do their jobs and fulfill their important national security missions.
Also, at a time when law enforcement agencies — including those in the federal government — are having trouble recruiting and retaining individuals for critical national security roles, these shutdowns disincentivize prospective applicants and force those in the agencies to rethink their careers. It’s very hard to look at a family and tell them you are working for no pay.
To soften the effects of shutdowns, Congress has historically included back pay for all federal employees. It solidified this with a 2019 law, passed under the first Trump administration, called the Government Employee Fair Treatment Act of 2019 (P.L. 116-1), which guarantees that all employees of the federal government will be paid following the end of a shutdown.
What local law enforcement should plan for during shutdowns
Although shutdowns primarily affect federal personnel, their impact ripples into every layer of public safety. Local police and sheriffs’ offices depend on partnerships with federal agencies for grants, intelligence sharing and joint operations. When those systems slow or stall, local agencies often lose access to data, task force coordination and technical support. During prolonged shutdowns, training programs, grant disbursements and equipment purchases may also be delayed, leaving local leaders to fill operational gaps on their own.
For local law enforcement executives, when shutdowns are on the horizon they must be prepared to fill in gaps created by the shutdown. Local agencies should develop local contingency plans and maintain open communication with their regional federal partners, especially those on a federal task force. Preparing for those disruptions can minimize downstream effects on local investigations, community safety initiatives and emergency response.
The price of shutdown politics
While Congress bickers, defenders still have to show up for work — protecting streets, borders and communities. All shutdowns prove is that America and its communities are less safe and more vulnerable and that Congress would rather wag fingers than work. America’s frontline defenders and its citizens deserve better than to be collateral damage in another Capitol Hill standoff.
Tactical takeaway
Local law enforcement leaders should assess which federal resources, grants and partnerships their agencies rely on and develop contingency plans for potential shutdown disruptions. Preparation and communication can help sustain critical operations when federal systems slow or stall.
