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Congress remains deadlocked, with government shutdown now on day 35

Volunteers with the Capital Area Food Bank distribute items to furloughed federal workers in partnership with No Limits Outreach Ministries in Hyattsville, Maryland, on Oct. 28, 2025. (Photo by Ashley Murray/States Newsroom)

Volunteers with the Capital Area Food Bank distribute items to furloughed federal workers in partnership with No Limits Outreach Ministries in Hyattsville, Maryland, on Oct. 28, 2025. (Photo by Ashley Murray/States Newsroom)

This report has been updated.

WASHINGTON — The U.S. Senate Tuesday failed for the 14th time to advance a stopgap spending bill to fund the government, as the ongoing shutdown hit 35 days and is now tied with the shutdown of 2018-2019 as the longest ever.

The 54-44 vote was nearly identical to the previous 13 votes, as Republicans and Democrats remained unwilling to change positions. The legislation extending funding to Nov. 21 needed at least 60 votes to advance, per the Senate’s legislative filibuster. 

Even though the upper chamber has been unable to pass a stopgap spending measure for more than a month, Senate Majority Leader John Thune, R-S.D., told reporters Tuesday that he believes senators are “making progress.” 

He floated keeping the Senate in session next week. The chamber is scheduled to be in recess for the Veterans Day holiday. 

“We’ll think through that as the week progresses, but I guess my hope would be we’ll make some progress,” he said.

Thune added that any stopgap spending bill will need to be extended past Nov. 21, “because we’re almost up against the November deadline right now.”

Duffy warns of flight ‘chaos’ due to staff shortages

Transportation Secretary Sean Duffy warned during a Tuesday press conference at the Department of Transportation that if the government shutdown continues into next week, it would lead to “chaos” and certain airspace would need to be closed due to a shortage of air traffic controllers who have continued to work amid the shutdown.

House Speaker Mike Johnson, R-La., said at a separate press conference at the Capitol that he would bring the House back to vote on a stopgap spending measure if the Senate extends the funding date.

U.S. House Speaker Mike Johnson, a Louisiana Republican, speaks at a press conference Nov. 4, 2025, at the U.S. Capitol in Washington, D.C. He was joined by, from left, House GOP Conference Chair Lisa McClain of Michigan, House Majority Whip Tom Emmer of Minnesota, Labor Secretary Lori Chavez-DeRemer, House Majority Leader Steve Scalise of Louisiana and House Education and Workforce Committee Chair Tim Walberg of Michigan. (Photo by Shauneen Miranda/States Newsroom)
U.S. House Speaker Mike Johnson, a Louisiana Republican, speaks at a press conference Nov. 4, 2025, at the U.S. Capitol in Washington, D.C. He was joined by, from left, House GOP Conference Chair Lisa McClain of Michigan, House Majority Whip Tom Emmer of Minnesota, Labor Secretary Lori Chavez-DeRemer, House Majority Leader Steve Scalise of Louisiana and House Education and Workforce Committee Chair Tim Walberg of Michigan. (Photo by Shauneen Miranda/States Newsroom)

“If the Senate passes something, of course we’ll come back,” Johnson said. “We’re running out of (the) clock.”

Johnson said he is “not a fan” of extending the bill to December and would prefer a January deadline. 

He said extending a stopgap funding bill “into January makes sense, but we got to, obviously, build consensus around that.” 

Senators at odds

On Tuesday’s Senate vote, Nevada Sen. Catherine Cortez Masto and Pennsylvania Sen. John Fetterman, both Democrats, and Maine independent Sen. Angus King voted with Republicans to advance the legislation. Kentucky GOP Sen. Rand Paul voted no.

Senate Democrats have refused to support the House-passed GOP measure over concerns about the expiration of health care tax subsidies. As open enrollment begins, people who buy their health insurance through the Affordable Care Act Marketplace are seeing a drastic spike in premium costs. 

Senate Minority Leader Chuck Schumer, D-N.Y., left, accompanied by Sen. Cory Booker, D-N.J., points to a poster depicting rising medical costs if Congress allows the Affordable Care Act tax credits to expire, at the U.S. Capitol on Oct. 15, 2025. (Photo by Andrew Harnik/Getty Images)
Senate Minority Leader Chuck Schumer, D-N.Y., left, accompanied by Sen. Cory Booker, D-N.J., points to a poster depicting rising medical costs if Congress allows the Affordable Care Act tax credits to expire, at the U.S. Capitol on Oct. 15, 2025. (Photo by Andrew Harnik/Getty Images)

Republicans have maintained that any negotiations on health care must occur after Democrats agree to fund the government. 

The Trump administration has also tried to pressure Democrats to accept the House stopgap spending measure by instructing the U.S. Department of Agriculture to not tap into its contingency fund to provide critical food assistance to 42 million Americans. 

SNAP fight

Two federal courts have found the Trump administration acted unlawfully in holding back those benefits, and on Monday USDA announced it would partially release Supplemental Nutrition Assistance Program, or SNAP, benefits. 

However, President Donald Trump Tuesday morning wrote on his social media platform that SNAP benefits would only be released when Democrats vote to reopen the government, a move that would likely violate the two court orders.

“SNAP BENEFITS, which increased by Billions and Billions of Dollars (MANY FOLD!) during Crooked Joe Biden’s disastrous term in office (Due to the fact that they were haphazardly ‘handed’ to anyone for the asking, as opposed to just those in need, which is the purpose of SNAP!), will be given only when the Radical Left Democrats open up government, which they can easily do, and not before!,” he wrote.

White House press secretary Karoline Leavitt said during a Tuesday briefing that the president’s social media post did not refer to the court order, but was referring to future SNAP payments.

“The president doesn’t want to tap into this (contingency) fund in the future and that’s what he was referring to,” she said.

‘Republican health care crisis’ 

House Minority Leader Hakeem Jeffries of New York stood firm in his party’s demands over extending health care tax credits in order to back a stopgap spending bill during a Tuesday press conference at the Capitol.

“We want to reopen the government — we want to find a bipartisan path forward toward enacting a spending agreement that actually makes life better for the American people, that lowers costs for the American people, as opposed to the Trump economy where things are getting more expensive by the day,” Jeffries said. 

“And, of course, we have to decisively address the Republican health care crisis that is crushing the American people all across the land.” 

He noted that Republicans’ refusal to extend the enhanced Affordable Care Act tax credits would result in “tens of millions of Americans experiencing dramatically increased premiums, co-pays and deductibles.” 

An analysis by KFF shows that those enrollees in the Affordable Care Act marketplace who currently receive a tax credit are likely to see their monthly premium payments more than double by about 114% on average.

Senate Minority Leader Chuck Schumer said the spike in health care premiums will cause some people to choose to forgo health care insurance.

“It’s a five-alarm health care emergency,” Schumer said. 

Johnson’s January CR rationale 

Meanwhile, Johnson said at his press conference that “a lot of people around here have PTSD about Christmas omnibus spending bills,” when speaking out against a December extension of the stopgap spending bill. 

GOP leaders have sought to do away with the practice of bundling at the end of the year the final versions of the dozen annual government funding bills into what’s known as an omnibus package. 

“We don’t want to do that. It gets too close, and we don’t want to have that risk,” Johnson said. “We’re not doing that.” 

However, it’s unclear how long the new stopgap spending bill will extend. Thune, during a Tuesday press conference, said a year-long continuing resolution, or CR, was not on the table. 

“There’s a conversation around what that next deadline would be,” Thune said, adding that there is not an agreement yet.

US Senate again rejects bill ending shutdown, as air traffic controllers miss paychecks

Travelers move through Salt Lake International Airport in Salt Lake City on Thursday, Oct. 16, 2025. (Photo by Spenser Heaps for Utah News Dispatch)

Travelers move through Salt Lake International Airport in Salt Lake City on Thursday, Oct. 16, 2025. (Photo by Spenser Heaps for Utah News Dispatch)

This report has been updated.

WASHINGTON — The U.S. Senate Tuesday failed for the 13th time to advance a stopgap spending bill that would fund the government until Nov. 21 and end the nearly one-month government shutdown.

Tuesday was also the day when air traffic controllers, who are working without pay, missed their first full paychecks. The FlightAware delays tracker reported 7,404 delays within, into or out of the United States on Monday and 161 cancellations within the U.S. A temporary ground stop was issued at Los Angeles International Airport on Sunday morning due to staffing issues.

In the nation’s capital, the 54-45 vote was nearly identical to the previous 12 votes, as Republicans and Democrats stuck to their positions. The legislation needed at least 60 votes to advance, under the Senate’s legislative filibuster. 

Nevada Sen. Catherine Cortez Masto and Pennsylvania Sen. John Fetterman, both Democrats, and Maine independent Sen. Angus King voted with Republicans to advance the legislation. Kentucky GOP Sen. Rand Paul voted no.

Vance defends SNAP cutoff

Democrats are under increasing pressure to pass the House-passed GOP stopgap measure, with 42 million Americans at risk of losing food assistance for November, many federal workers beginning to miss their paychecks and one of the largest unions representing federal workers calling for an end to the government shutdown, now at day 28. 

Amid the government shutdown, the Trump administration has moved to lay off federal workers, and a federal judge is holding a Tuesday hearing to consider a preliminary injunction to block the mass Reductions in Force, or RIFs.

As President Donald Trump continues his overseas travel throughout Asia meeting with foreign leaders, Vice President JD Vance joined Senate Republicans during their Tuesday caucus lunch meeting. 

Vance defended USDA’s decision to not tap into its contingency fund provided by Congress to continue food assistance benefits amid a funding lapse.

“We’re exploring all options,” Vance said. 

After attending a caucus lunch meeting with Senate Republicans, Vice President JD Vance briefly speaks with reporters on day 28 of the government shutdown, Oct. 28, 2025. (Photo by Ariana Figueroa/States Newsoom)
After attending a caucus lunch meeting with Senate Republicans, Vice President JD Vance briefly speaks with reporters on day 28 of the government shutdown, Oct. 28, 2025.
(Photo by Ariana Figueroa/States Newsoom)

Congress provided USDA with the multi-year contingency fund, which totals about $6 billion — short of the roughly $9 billion needed to cover a full month of SNAP benefits. USDA would have to reshuffle funds to provide November payments. 

“We are trying as much as possible to ensure that critical food benefits get paid,” Vance said. 

A coalition of Democratic state officials Tuesday sued the Trump administration and urged a federal judge to force the U.S. Department of Agriculture to release SNAP benefits for 42 million people.

Vance called on five Democrats to join Senate Republicans in approving a short-term funding bill.

“If the Democrats just opened up the government, then we wouldn’t have to play this game where … we’re trying to fit a square peg into a round hole with the budget,” Vance said. 

Democrats have continued to vote against the House’s GOP short-term spending bill to draw attention to and force negotiations on tax credits that will expire at the end of the year for people who buy their health insurance through the Affordable Care Act Marketplace. Republicans maintain the government must reopen before they begin any talks.

Votes possible on SNAP funding

Republicans are also weighing whether to pass a stand-alone bill by GOP Missouri Sen. Josh Hawley to approve funding for the Supplemental Nutrition Assistance Program, or SNAP. 

Ten Senate Republicans have joined to sponsor the bill, including Senate Appropriations Chairwoman Susan Collins of Maine. One Democratic senator also cosponsored the bill, Sen. Peter Welch of Vermont. 

Senate Majority Leader Chuck Schumer said that Democrats would also introduce their own separate bill to provide funding for not only SNAP, but for the Special Supplemental Nutrition Program for Women, Infants, and Children, or WIC.

During a Tuesday press conference, Senate Majority Leader John Thune, R-S.D., did not seem receptive to scheduling a Senate vote on a stand-alone bill to address SNAP. 

“I mean, this piecemeal approach where you do one off here, one off there, to make it seem more politically palatable to somebody…that is just a wrong way to do this,” Thune said. 

Instead, he argued that Democrats should just support the stopgap spending bill. 

Another critical deadline is approaching. Active-duty military members will miss their paychecks by Friday if the government is still in a funding lapse. The Trump administration already reprogrammed $8 billion earlier this month from multi-year research funds from the Defense Department in order to pay the troops. 

However, Vance said the Trump administration expects to be able to pay troops this Friday, although the vice president didn’t detail where those funds would come from.

Before Tuesday morning’s vote, Thune said Democrats should listen to calls for an end to the shutdown from the American Federation of Government Employees, or AFGE, labor union, which typically aligns with Democrats. 

House Speaker Mike Johnson, a Louisiana Republican, also cited the call from AFGE, telling Democrats “you have an off-ramp,” during a Tuesday press conference.

“The largest unions are saying, ‘Please do this,’” Johnson said. “You can claim that as cover and say that you had to do it.”

Last week, there were dueling bills from both parties related to paying federal workers amid the shutdown, but those efforts failed to meet the 60-vote threshold to move forward.

The end of the 2019 government shutdown, which lasted 35 days, was in part due to shortages of air traffic controllers that upended air travel across the country and forced lawmakers to strike a deal. 

Schumer critical of administration shutdown decisions

During a Tuesday press conference, Schumer slammed the Trump administration for refusing to tap into its contingency fund for SNAP.

“The money is there,” the New York Democrat said. “The hungry people, the hungry children, the hungry veterans, the hungry elderly, could be fed, but Trump’s using them as hostages.”

Of the 42 million people on SNAP, roughly 40% are children 17 and younger. 

He also criticized Trump for traveling abroad and for his administration’s priority to demolish the East Wing of the White House for a ballroom. 

“His number one priority is his ballroom,” Schumer said. “When people are suffering, what kind of president is this?” 

USDA won’t shuffle funds to extend SNAP during shutdown, in about-face from earlier plan

Produce at a Virginia grocery store in 2011. (Photo by Lance Cheung/U.S. Department of Agriculture)

Produce at a Virginia grocery store in 2011. (Photo by Lance Cheung/U.S. Department of Agriculture)

WASHINGTON — The U.S. Department of Agriculture said in a memo Friday the agency’s contingency fund cannot legally be used to provide food assistance benefits for more than 42 million people in November, as the government shutdown drags on.

The position is a reversal from the department’s earlier stance, according to a since-deleted copy of the USDA’s Sept. 30 shutdown plan that said the department would use its multi-year contingency fund to continue paying Supplemental Nutrition Assistance Program, or SNAP, benefits during the ongoing shutdown. 

SNAP has about $6 billion in the contingency fund — short of the roughly $9 billion needed to cover a full month of the program, putting November benefits in jeopardy. 

Because of a stalemate in Congress over a stopgap spending bill, the government shut down on Oct. 1 without new SNAP funding enacted.

The memo, which was first reported by Axios on Friday, said states would not be reimbursed if they use their own funds to cover the cost of the benefits.

“There is no provision or allowance under current law for States to cover the cost of benefits and be reimbursed,” the memo says, while also noting that “the best way for SNAP to continue is for the shutdown to end.”

Discrepancy with shutdown plan

The memo also says the contingency fund is meant for natural disasters and similar emergencies, not for a lack of appropriations.

But USDA’s Sept. 30 contingency plan contradicts that and appears to greenlight the use of SNAP’s contingency fund during a lapse in funding.

“Congressional intent is evident that SNAP’s operations should continue since the program has been provided with multi-year contingency funds that can be used for State Administrative Expenses to ensure that the State can also continue operations during a Federal Government shutdown,” according to the plan. “These multi-year contingency funds are also available to fund participant benefits in the event that a lapse occurs in the middle of the fiscal year.”

USDA’s contingency plan is no longer online, but is accessible through an internet archive.

After providing States Newsroom with the memo Friday afternoon, USDA did not immediately respond to a follow-up inquiry about the discrepancy between Friday’s memo and its contingency plan.

In the memo, USDA said transferring money toward SNAP from other sources “would pull away funding for school meals and infant formula.” 

The agency said it has shuffled funds to cover several nutrition programs during the shutdown, including the Special Supplemental Nutrition Program for Women, Infants, and Children, or WIC, as well as the National School Lunch Program, School Breakfast Program, and the Child and Adult Care Food Program. 

Dems call on Rollins to tap into fund

U.S. Agriculture Secretary Brooke Rollins said last week the government would run out of funds to deliver November SNAP benefits as a result of the ongoing shutdown.  

Friday morning, U.S. House Democrats, like nearly all of their Senate counterparts and the Republican chair of the Senate Appropriations Committee, urged Rollins to not only use the contingency fund, but to reprogram other money to cover a $3 billion shortfall. 

“A potential lapse in benefits would be felt by Americans of all ages and affect every corner and congressional district in the country,” according to the letter from more than 200 House Democrats.

In a separate letter, 46 Senate Democrats sent to Rollins on Wednesday, voicing concerns that USDA told states to hold off on sending in SNAP benefits to be processed for November. 

“We were deeply disturbed to hear that the USDA has instructed states to stop processing SNAP benefits for November and were surprised by your recent comments that the program will ‘run out of money in two weeks,’” according to the letter. “In fact, the USDA has several tools available which would enable SNAP benefits to be paid through or close to the end of November.” 

The chair of the Senate Appropriations Committee, Republican Susan Collins of Maine, also urged Rollins in a Thursday letter to “consider all available options in accordance with federal law to ensure that this vital nutrition assistance continues, including the use of contingency funds and looking at the viability of partial payments or any transfer authority you may have.” 

Benefits could be slow even if a deal reached

States have been told by the agency to hold off on submitting SNAP benefit requests to processing centers. Food banks and pantries are already bracing for the increased need, including in Iowa, where more than 270,000 Iowans rely on SNAP each month.

However, even if Congress immediately reached a deal to end the shutdown, the time needed to process the payments and make them available for recipients means SNAP benefits would likely be delayed. State officials have warned SNAP recipients of the possibility of delays.

In West Virginia, officials said delays are expected and told residents to seek assistance at local food pantries. Roughly 1 in 6 West Virginia residents rely on SNAP each month. 

Legal requirement cited

Sharon Parrott, a White House Office of Management and Budget official during the Obama administration who now leads a left-leaning think tank, said in a Thursday statement that USDA is legally required to use its SNAP contingency funds.

Parrott, the president of the Center on Budget and Policy Priorities, said the multi-year contingency fund is “billions of dollars that Congress provided for use when SNAP funding is inadequate that remain available during the shutdown — to fund November benefits for the 1 in 8 Americans who need SNAP to afford their grocery bill.”

Parrott said the Trump administration could use its legal transfer authority, just as it did with WIC funding, to “supplement the contingency reserves, which by themselves are not enough to fund families’ full benefits.”

Shutdown on day 22 sets record as second-longest in US history, with no sign of a deal

U.S. House Speaker Mike Johnson, R-La., talks with reporters inside the Capitol building in Washington, D.C., on Tuesday, Oct. 21, 2025. (Photo by Jennifer Shutt/States Newsroom)

U.S. House Speaker Mike Johnson, R-La., talks with reporters inside the Capitol building in Washington, D.C., on Tuesday, Oct. 21, 2025. (Photo by Jennifer Shutt/States Newsroom)

WASHINGTON — The government shutdown became the second longest in U.S. history Wednesday, though the mounting repercussions for dozens of federal programs, including food aid for some of the country’s most vulnerable residents, failed to spur any momentum in Congress. 

The Senate was unable for the 12th time to advance a stopgap spending bill that would have reopened the government and kept funding mostly on autopilot through Nov. 21. 

The 54-46 vote was nearly identical to those that have come before, a predictable outcome since neither Republicans nor Democrats are talking to each other. The legislation needed at least 60 votes to advance under the Senate’s legislative filibuster. 

Nevada Sen. Catherine Cortez Masto and Pennsylvania Sen. John Fetterman, both Democrats, and Maine independent Sen. Angus King voted with Republicans to advance the legislation. Kentucky GOP Sen. Rand Paul voted no.

The vote came shortly after Oregon Democratic Sen. Jeff Merkley held the floor for nearly 23 hours, speaking at length about his concerns and objections to President Donald Trump’s administration. 

The government staying shut down much longer will lead to a funding shortfall for the Supplemental Nutrition Assistance Program, or SNAP, which is relied on by 42 million low-income Americans, nearly 40% of them children younger than 17. 

Despite that looming deadline, congressional leaders remain in their political silos, just as they have since before the shutdown began 22 days ago. They’ve repeatedly held press conferences and meetings with their own members instead of making the types of compromises needed to keep government functioning on the most basic level. 

Republican leaders are waiting for Democrats to help advance the stopgap spending bill in the Senate and say they won’t negotiate on anything until after that happens. 

Democrats maintain they won’t support the House-passed continuing resolution until there is bipartisan agreement to extend tax credits that are set to expire at the end of the year for people who buy their health insurance through the Affordable Care Act Marketplace. 

Johnson warns funding process at risk

The stalled short-term spending bill is supposed to give lawmakers more time to work out agreement on the dozen full-year government funding bills, which Congress was supposed to pass by the Oct. 1 start of the fiscal year. 

But Speaker Mike Johnson, R-La., warned during a morning press conference that lawmakers may scrap that process for a second year in a row if Democrats don’t advance the continuing resolution soon. 

“We’re getting closer to November. It is going to be more and more difficult with each passing hour to get all the appropriations done on time,” Johnson said. “We acknowledge that, but we have to do this on a day-by-day basis.”

House Democratic leadership dismissed the notion of a longer temporary spending bill or continuing resolution, possibly for a full year, during an afternoon press conference. 

Democratic Whip Katherine Clark, of Massachusetts, said her message to Republicans is, “Why are you talking about the length of the (continuing resolution)? Come to the table and negotiate with us. End this health care crisis, help the American people.”

Minority Leader Hakeem Jeffries sidestepped specifics when asked about a longer stopgap funding bill.

House Democratic Caucus Chair Pete Aguilar, House Minority Leader Hakeem Jeffries and House Democratic Whip Katherine Clark spoke to reporters Wednesday, Oct. 22, 2025. (Photo by Ashley Murray/States Newsroom)
House Democratic Caucus Chair Pete Aguilar, House Minority Leader Hakeem Jeffries and House Democratic Whip Katherine Clark spoke to reporters Wednesday, Oct. 22, 2025. (Photo by Ashley Murray/States Newsroom)

“At this point, we need to reopen the government. We need to enact a spending bill that actually meets the needs of the American people in terms of their health, their safety and economic well-being, particularly in terms of driving down the high cost of living, while at the same time decisively addressing the Republican health care crisis that grows greatly by the day,” the New York Democrat said.

Lawmakers have been unable to approve all the annual funding bills on time since 1996 and have consistently relied on stopgap spending bills to give themselves more time to work out agreements between the House and Senate. 

The alternative to full-year government funding bills is to use a series of stopgap spending bills, or one that lasts the entire year that keeps spending mostly on autopilot. 

Either option requires bipartisanship to gain the support of at least 60 senators, since Republicans control 53 seats. That means the only solution to the shutdown is for Republican and Democratic leaders to compromise. 

But that seemed like a remote possibility Wednesday. 

Democrats criticize layoffs

House Democrats’ Steering and Policy Committee held a mock hearing where they railed against Republicans and Trump for how they’ve managed unified control of government. 

House Appropriations Committee ranking member Rosa DeLauro, D-Conn., rebuked Trump administration officials for trying to lay off federal workers by the thousands and for canceling funding to projects in regions of the country that vote for Democrats. 

“It is a corrupt abuse of power that they have chosen to carry out,” DeLauro said. 

White House budget director Russ Vought and Trump, she said, “have launched a scorched earth campaign to decimate the federal government and the programs and services the American people depend on.”

Rob Shriver, managing director of the civil service strong and good government initiatives at Democracy Forward, who worked as deputy director at the Office of Personnel Management during the Biden administration, said the layoffs could negatively affect federal operations for years. 

“The government has had historic challenges in recruiting young people and recruiting tech talent, and what this administration is doing is turning it into a workforce that doesn’t try to recruit the best and the brightest, but that tries to recruit the most loyal,” Shriver said. 

Lawsuit gains more unions

The Trump administration’s efforts to lay off thousands of workers during the shutdown have been on hold since last week, when a federal judge issued a temporary restraining order that was later expanded.  

The lawsuit was originally brought by the American Federation of Government Employees and the American Federation of State, County and Municipal Employees. It expanded last week to include the National Federation of Federal Employees, the National Association of Government Employees and the Service Employees International Union.

The updated restraining order issued by U.S. District Court for the Northern District of California Judge Susan Illston applies to any federal department or agency that includes employees represented by those unions, even if the Trump administration doesn’t recognize their contracts. 

Illston on Wednesday granted a request to add the National Treasury Employees Union, International Federation of Professional and Technical Engineers and American Federation of Teachers to the case. 

Illston wrote that she found “good cause exists to modify the existing TRO without a written response from defendants due to the emergency nature of this case.” 

Those three unions represent hundreds of thousands more federal workers, including those at the departments of Commerce, Defense, Energy, Health and Human Services, Interior, Justice and Veterans Affairs. 

Employees at the Environmental Protection Agency, Internal Revenue Service, National Aeronautics and Space Administration and Social Security Administration are also represented by the three new unions seeking to join the case. 

The next stage in the lawsuit comes on Oct. 28, when the judge has set a hearing to determine whether to issue a preliminary injunction in the case. 

‘Patently illegal’

AFGE National President Everett Kelley wrote in a statement released Wednesday that the “administration’s move to fire thousands of patriotic civil servants while the government is shut down is patently illegal, and I’m glad we are able to expand our lawsuit to protect even more federal workers from facing termination.”

“President Trump has made no secret that this is about punishing his political enemies and has nothing to do with the actual work that these employees perform,” Kelley added. “Data provided by the administration under court order illustrates how vast and unlawful these intended firings are and validates our union’s determination to challenge this illegal action.”

Ashley Murray contributed to this report. 

One stopgap after another: Shutdown puts Congress on the verge of failed spending process

The U.S. Capitol building in Washington. D.C., on Wednesday, Oct. 8, 2025. (Photo by Jennifer Shutt/States Newsroom)

The U.S. Capitol building in Washington. D.C., on Wednesday, Oct. 8, 2025. (Photo by Jennifer Shutt/States Newsroom)

WASHINGTON —  On day 21 of the federal government shutdown, the political tensions and policy differences that contributed to it appeared likely to destroy any chance for the GOP-controlled Congress to find the bipartisanship needed to pass the dozen bills needed to fund the government. 

While that is very inside baseball, failing to approve the 12 appropriations bills will block lawmakers’ funding requests for high-profile projects in their home states, known as earmarks, from becoming law—like highway construction, water systems, education projects, research facilities and more. 

A full-year stopgap spending bill would also cause significant headaches for departments throughout the government that have faced challenges adjusting to the series of stopgaps that funded the government for the last year, even without the turmoil of the layoffs and funding cancellations enacted by the Donald Trump administration.

The full-year spending bills are also the best chance Congress has to exercise its constitutional authority over government spending and are supposed to spur debate about where taxes paid by Americans can most help the country. 

Skipping that process and avoiding tough conversations about where funding is most needed, and where it is not, absolves lawmakers of a core job responsibility — securing money to help their constituents have better lives. 

As of Tuesday, Democrats and Republicans appeared nowhere near any kind of deal to reopen the government, which has been shuttered since Oct. 1. Members of the House are not in session and last voted on Sept. 19. The Senate has voted unsuccessfully 11 times on the same House-passed stopgap spending bill, failing to gain the 60 votes needed for it to advance. 

‘Extremely harmful’ effect of another stopgap 

Senate Appropriations Chairwoman Susan Collins, R-Maine, said she’s opposed to using what’s called a continuing resolution for the rest of the fiscal year instead of working out an agreement on the full-year government funding bills. 

“The impacts of another year-long CR would be extremely harmful to federal programs, particularly the Department of Defense, and should be avoided at all costs,” Collins said. 

Congress used three continuing resolutions to keep government funded during the last fiscal year, which ended on Sept. 30. 

Lawmakers have relied on stopgap spending bills to fund the government for the entire fiscal year a handful of times during the past several decades. 

But Congress has not used stopgap spending bills for two consecutive years since the late 1970s, according to a report from the nonpartisan Congressional Research Service. 

Senate Republicans lunch with Trump

Senate Majority Leader John Thune, R-S.D., said after a lunch at the White House with President Donald Trump and other GOP senators that talks about the full-year government funding bills can only begin after the shutdown ends. 

“We want a normal appropriations process. We want to give them an opportunity to sit down and litigate some of the issues they want to talk about,” Thune said. “But that can’t happen until the government gets opened up again.”

North Dakota Republican Sen. John Hoeven, chairman of the Agriculture appropriations subcommittee, said a full-year continuing resolution is “absolutely” possible if the process doesn’t start moving forward soon. 

But Hoeven declined to say if he’d vote for a stopgap spending bill that voids the appropriations process for the second year in a row. And said he’s “of course” concerned about the negative impacts of a full-year continuing resolution. 

“I don’t want to get ahead of the process. What I want to do is get government open and get back to regular order,” Hoeven said. 

Rhode Island Sen. Jack Reed, the top Democrat on the Armed Services Committee and a senior appropriator, said it will take real leadership in both chambers to get any movement on the full-year bills. He also said he’s vehemently opposed to a stopgap spending bill for the entire year. 

“I think if we vote for a full-year CR, we’ve fully abdicated our responsibility, constitutionally, to be the power of the purse,” Reed said. 

South Dakota Republican Sen. Mike Rounds, who sits on the Appropriations Committee, said he “could not support a full-year CR.”

“We’ve gotten so much of the work done, and now it’s just a matter of whether or not Democrats allow us to bring them to the floor,” Rounds said, referring to the full-year Defense spending bill that failed to advance last week

Rounds said he thinks Democrats are struggling to figure out a way to end the government shutdown, which would potentially allow work on the full-year bills to get going again. 

“I think they made a very serious strategic error when they decided to jump on and to shut down government in the first place,” Rounds said. “And now they don’t have a graceful way out, and that’s a problem.”

Process, interrupted

Normally, by now, Republicans and Democrats would have agreed how much to spend on defense and domestic programs and divvied up that roughly $1.8 trillion to the dozen full-year government spending bills. 

The lawmakers tasked with writing those appropriations bills would have started meeting to work out spending levels and policy differences between the original House bills and the original Senate bills. 

That is all on hold because of the shutdown and may never even happen, potentially leading Republicans to write a stopgap spending bill for the rest of the year. 

Alabama Republican Sen. Katie Britt, chairwoman of the Homeland Security appropriations subcommittee, said she wants Democrats to vote to reopen the government, so she can get back to working on her full-year appropriations bill. 

“I want to do my job, which is why I am so frustrated that we didn’t get to move forward with appropriations bills on Thursday,” Britt said, also referring to the Defense bill. “I think it was incredibly short-sighted of my Democratic colleagues to vote that down, because this is our opportunity to actually do work for the American people. And I think we should get our job done, not pass the buck.” 

Hawaii Sen. Brian Schatz, the top Democrat on the State-Foreign Operations appropriations subcommittee, said he still has “hope for the appropriations process.”

“Obviously, we have to get through the shutdown, but there’s bipartisan desire to get something done and to avoid a full-year CR,” Schatz said, adding that it’s hard to do anything with the House out of session. 

New Hampshire Sen. Jeanne Shaheen, the top Democrat on the Agriculture appropriations subcommittee, opposes using a full-year continuing resolution over negotiating bipartisan versions of the full-year government funding bills. 

“I am concerned about a full-year CR, and I do think that we should get back to the appropriations process and get those bills done,” Shaheen said. “I think there’s interest on both sides of the aisle to do that.”

Uncharted waters

Wisconsin Sen. Tammy Baldwin, the top Democrat on the Labor-HHS-Education appropriations subcommittee, said that GOP leaders will have to accept the regular give-and-take of bipartisan negotiations if they want to get anything through the upper chamber. 

“I think first and foremost, we have to really make sure that Speaker (Mike) Johnson recognizes that the only way forward with appropriations and other matters is a bipartisan way forward,” Baldwin said. “That’s the only way you pass things that require 60 votes in the Senate.”

Baldwin said that means both chambers should use the total spending level that received bipartisan backing in the Senate Appropriations Committee, not the lower spending level used by the House panel. 

Connecticut Sen. Chris Murphy, the top Democrat on the Homeland Security appropriations subcommittee, was far more pessimistic than many of his colleagues.

“I think you’re living in a world that does not exist,” Murphy told States Newsroom. “I think 2025 is totally unlike every other year that has existed before. Our democracy is literally dying under our feet. The president is engaged in mass scale illegality and corruption, and nothing that we have done here in the past will be precedent for what will happen in the future. The House of Representatives has never boycotted Washington for a month-and-a-half. The majority party has never refused to negotiate with the minority party. So I think we’re in really uncharted waters, and nothing can happen until the House Republicans return and Senate Republicans decide to negotiate.”

White House warns of ‘imminent’ mass layoffs in government shutdown

A closed sign is seen on the Washington Monument on Oct. 1, 2025 in Washington, D.C. The federal government shut down many operations overnight after Congress failed to pass a stopgap funding bill. (Photo by Kevin Dietsch/Getty Images)

A closed sign is seen on the Washington Monument on Oct. 1, 2025 in Washington, D.C. The federal government shut down many operations overnight after Congress failed to pass a stopgap funding bill. (Photo by Kevin Dietsch/Getty Images)

WASHINGTON — Vice President JD Vance said Wednesday the administration is looking for ways to get a handful of additional U.S. Senate Democrats to vote for Republicans’ stopgap spending bill to reopen government. 

But, in the meantime, White House officials plan to lay off federal workers en masse, a dramatic and unsettling step that’s not traditionally been taken during past shutdowns. 

“We’re going to have to take extraordinary measures to ensure the people’s government operates — again not perfectly because it’s not going to operate perfectly in the midst of a shutdown — but operates as well as it possibly can,” Vance said.

Any Democrats concerned about the impacts of layoffs on federal programs or people’s lives, Vance said, should vote to advance a seven-week stopgap spending bill that has stalled in the Senate.  Senate and House Democrats say they will not support a GOP path to reopen the government unless Republicans agree to negotiate on rising health care costs. 

Typically during a shutdown, some federal employees are categorized as exempt, meaning they work throughout the funding lapse. Others are furloughed. All receive back pay once Congress funds the government, under a 2019 law.  

Widescale layoffs were not part of the 2013 shutdown or the 2018-2019 shutdown that took place during the first Trump administration. 

The U.S. Capitol in Washington, D.C., is pictured on Oct. 1, 2025. (Photo by Jennifer Shutt/States Newsroom)
The U.S. Capitol in Washington, D.C., is pictured on Oct. 1, 2025. (Photo by Jennifer Shutt/States Newsroom)

Vance during the White House briefing placed blame for the shutdown on Democrats, as the Trump administration ramped up similar rhetoric, including on government agency websites that said the “radical left in Congress” is at fault.

“Three moderate Democrats joined 52 Republicans last night. We need five more in order to reopen the government and that’s really where we’re going to focus, is how to get those five additional Democrats,” Vance said. 

White House press secretary Karoline Leavitt said during the same briefing that layoffs for federal employees are “imminent” but declined to say what percentage of workers would be let go or share any other details. 

Leavitt indicated that White House budget director Russ Vought would release those details “soon,” saying she didn’t want to get ahead of that office.  

“These (Reductions in Force) are unfortunately going to have to happen very soon,” Leavitt said. 

Effects on key programs

The administration expects several programs will be impacted by the shutdown, including new enrollees in the Special Supplemental Nutrition Program for Women, Infants, and Children, or WIC. 

Leavitt said the funding lapse means “1.3 million active duty troops will work now without pay; critical food assistance for low-income women, infants and children will now lapse, no new mothers or children are allowed to join this critical program because of the Democrats’ decision to shut down the government; telehealth services for seniors and in-home treatment options for Medicare patients will now come to an end; nearly 50,000 members of the United States Coast Guard are going to have to work unpaid; over 13,000 air traffic controllers will work without pay as well as TSA agents, which will very likely create flight disruptions; and pay will now stop for over 150,000 federal law enforcement officers. 

“These are not just numbers and statistics, these are real Americans who have families at home. And I saw some Democrat members today saying they’re still going to accept their paychecks because they have three kids at home and they have mouths to feed. Well, so do these federal workers.”

Members of Congress, the president and federal judges must receive their salary under various provisions in the Constitution. While some lawmakers have publicly asked for their paychecks to be withheld until the government reopens, that’s not a legal option. 

They could, however, donate their salaries to charity, which they can do regardless of whether the government is shut down.  

‘Mafia-style threat’

The threat to fire federal workers en masse has already prompted a lawsuit in a Northern California district court, arguing the executive branch has no statutory authority to fire federal workers during a government shutdown.

There were roughly 2.2 million federal workers throughout the country as of July 1, with large portions of them living in California, Florida, Georgia, Maryland, Texas and Virginia. Roughly 30% of the workforce is made up of veterans. 

Maryland’s Democratic Sen. Chris Van Hollen told States Newsroom on Wednesday morning that his office has not heard of any federal workers in his state being fired, and even if it were the case, “it’s illegal.” 

“The president has no additional authority, in a shutdown, to fire people,” Van Hollen said. “This is just a mafia-style threat and blackmail.”

He didn’t detail what plans Democrats have to prevent those potential firings, but called them unlawful and pointed to the lawsuit filed in California by labor unions representing more than 1 million federal employees. Those unions are the American Federation of Government Employees and the American Federation of State, County and Municipal Employees.

Virginia Democratic Sen. Mark Warner made similar remarks, saying “the president has no enhanced powers during the shutdown so his ability to randomly and arbitrarily fire is not enhanced.”

Virginia Sen. Mark Warner speaks with reporters in the U.S. Capitol building on Wednesday, Oct. 1 , 2025. (Photo by Jennifer Shutt/States Newsroom)
Virginia Sen. Mark Warner speaks with reporters in the U.S. Capitol building on Wednesday, Oct. 1 , 2025. (Photo by Jennifer Shutt/States Newsroom)

North Dakota Republican Sen. Kevin Cramer said Democrats “don’t have the high ground in this situation” and need to pass the GOP stopgap bill so that the government can reopen. 

But Cramer said he’s concerned the White House budget office will go too far in implementing a shutdown, including mass layoffs, and could create challenges for Republican lawmakers. 

“I worry a little bit that they could be counterproductive for us politically in the long run, because other things are going to require 60 votes again,” Cramer said.

Legislation needs the support of at least 60 senators to advance toward final passage, a rule that typically leads to compromise and bipartisanship in that chamber. 

Sen. Tim Kaine, Democrat of Virginia, said he hopes lawmakers can strike a deal to prevent the Trump administration from firing more federal workers. He said Congress has specifically carved out protections for federal workers, such as in 2019 when lawmakers included a provision to give back pay to furloughed federal workers.  

“So it used to be we had to fight about back pay after the shutdown,” he said. “Now everybody’s guaranteed back pay, so they have that as a backstop that they can count (on).”

House Minority Leader Hakeem Jeffries said during a press conference Wednesday President Donald Trump’s administration “has been engaging in” the mass firings of federal workers since Trump took office on Jan 20.

“The Trump administration has been killing jobs,” the New York Democrat said. “This is a job-killing administration. Job creation is down, but you know what’s up? Costs. They promised to lower costs on day one. Costs aren’t going down. Costs are going up.” 

Here are department shutdown plans

The Trump administration has been steadily posting its plans for how many federal workers in each department will keep working without pay during a shutdown and which employees will be furloughed. 

The plans, listed below, also detail which programs the Trump administration believes it can legally continue during a funding lapse without violating federal law. 

They do not explain how many federal workers could be laid off and the White House declined to provide additional details about those plans or whether they’ll be posted publicly following the briefing, 

Attack banners

The Trump administration has taken a new approach to letting people visiting their websites know about the shutdown, adding banners laying the blame at Democrats’ feet. 

The Agriculture Department’s website states that “(d)ue to the Radical Left Democrat shutdown, this government website will not be updated during the funding lapse. President Trump has made it clear he wants to keep the government open and support those who feed, fuel, and clothe the American people.”

The website for the Department of Housing and Urban Development includes a pop-up and a banner on the homepage that reads, “The Radical Left in Congress shut down the government. HUD will use available resources to help Americans in need.”

The Defense Department had a more measured message: “The most recent appropriations for the Department of War expired at 11:59 p.m. EDT on Sept. 30, 2025. Military personnel will continue in a normal duty status, without pay, until such time as a continuing resolution or appropriations are passed by Congress and signed into law. Civilian personnel not engaged in excepted activities will be placed in a non-work, non-pay status.”

The message posted by the Department of Health and Human Services was similar. 

“Mission-critical activities of HHS will continue during the Democrat-led government shutdown. Please use this site as a resource as the Trump Administration works to reopen the government for the American people.”

The messages could be in violation of a longstanding rider in federal spending law that states “(n)o part of any funds appropriated in this or any other Act shall be used by an agency of the executive branch … to support or defeat legislation pending before the Congress, except in presentation to the Congress itself.” 

Shauneen Miranda contributed to this report.

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