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US Senate fails to move ahead on bills extending pay to federal workers during shutdown

Sen. Ron Johnson, R-Wis., talks to a reporter in the basement of the U.S. Capitol on Thursday, Oct. 23, 2025. (Photo by Ashley Murray/States Newsroom)

Sen. Ron Johnson, R-Wis., talks to a reporter in the basement of the U.S. Capitol on Thursday, Oct. 23, 2025. (Photo by Ashley Murray/States Newsroom)

WASHINGTON — The Senate Thursday failed to advance a Republican measure and rejected unanimous agreements on two related bills from Democrats that would have paid federal employees and contractors who have continued to work amid the government shutdown, which entered day 23. 

The stalemate constituted the latest example of how dug in to their arguments both parties are as the shutdown that began Oct. 1 drags out, as well as the heightened political tensions in the upper chamber when it comes to striking a deal to resume government funding.  

Most federal employees will miss their first full paycheck on Friday or early next week. More than 42 million Americans, some 40% under the age of 17, are also at risk of delayed food assistance if Congress doesn’t address a funding shortfall expected by Nov. 1 in the Supplemental Nutrition Assistance Program, or SNAP. 

Senate Democrats Wednesday sent a letter to U.S. Department of Agriculture Secretary Brooke Rollins over concerns that the agency has warned states to hold off on processing SNAP benefits. They contended the agency has the resources to keep payments flowing.

“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.”

Sen. Josh Hawley, R-Mo., introduced a bill Wednesday to continue SNAP funding through the shutdown. During Thursday’s briefing, White House press secretary Karoline Leavitt said the administration would “absolutely support” the legislation.

Deadlock on federal worker pay

In the Senate, a measure from Wisconsin GOP Sen. Ron Johnson on a 54-45 vote did not reach the 60-vote threshold needed to advance in the chamber. Its failure means that federal employees who have continued to work will not be paid until the shutdown ends.

Democratic senators who agreed to the measure included Pennsylvania’s John Fetterman and Georgia’s Jon Ossoff and Raphael Warnock. Senate Majority Leader John Thune of South Dakota changed his vote in order to reconsider the measure. 

“I don’t think it makes sense to hold these federal workers hostage,” Warnock told States Newsroom in an interview on his vote Thursday. “If I could have a path to give some of these folks relief while fighting for health care, that’s what I decided to do.”

A separate measure from Maryland Democratic Sen. Chris Van Hollen also failed to move forward after Johnson objected. Van Hollen requested unanimous consent to approve his bill that would have also protected federal workers from mass Reductions in Force, or RIFs, that President Donald Trump has attempted during the shutdown. 

A second Democratic bill, from Sen. Gary Peters, D-Mich., was narrower, only including pay for federal workers. But when he requested unanimous approval for his measure, it was also blocked by Johnson.

Senators then left Capitol Hill for the weekend. On Wednesday, the Senate took a failed 12th vote to provide the federal government and its services with flat funding through Nov. 21.

Senate Republicans have pressed Senate Democrats to approve the GOP-written stopgap measure. But Democrats have maintained that they will not support the House measure because it does not extend tax credits that will expire at the end of the year for people who buy their health insurance through the Affordable Care Act Marketplace.

Layoffs cited by Van Hollen

Van Hollen argued his bill would protect workers from the president’s targeting of certain federal agencies and programs.

“We certainly shouldn’t set up a system where the president of the United States gets to decide what agencies to shut down, what they can open, who to pay and who not to pay, who to punish and who not to punish,” Van Hollen said on the Senate floor before asking for unanimous consent to move the bill forward.

Johnson objected to including Van Hollen’s provision to ban federal worker layoffs during a shutdown. President Donald Trump’s efforts to lay off thousands of federal workers during the shutdown have been on hold since last week, after a federal judge issued a temporary restraining order that was later expanded.  

However, Johnson said he was willing to add into his own bill the provision from Van Hollen to pay furloughed workers.

“I’m more than happy to sit down with you. Maybe we should do that later today,” Van Hollen told Johnson during their debate on the floor.

Shortly after, Peters introduced a near-mirror version of Van Hollen’s bill, except that his measure would not prohibit layoffs — essentially what Johnson told Van Hollen he would agree to.

“We all say we agree on this, so let’s just pass this bill now,” the Michigan Democrat said before asking for unanimous consent to advance the legislation.

Johnson also objected to that proposal.

“It only solves a problem temporarily. We’re going to be right back in the same position,” Johnson said in an interview with States Newsroom about why he rejected Peters’ proposal.  

Johnson said he talked with Peters and Van Hollen after the vote and “we’ll be talking beyond this.”

‘Waste of time’ for House to meet

Even if the Senate passed the bill sponsored by Johnson or Van Hollen, it’s unlikely the House, which has been in recess since last month, would return to vote on either measure.

At a Thursday morning press conference, House Speaker Mike Johnson argued that Republicans already passed a stopgap measure to pay federal workers and that Senate Democrats should support that legislation. 

Johnson said bringing back the House would be a “waste of time,” noting that Democrats would not vote on the Republican proposal. 

“If I brought everybody back right now and we voted on a measure to do this, to pay essential workers, it would be spiked in the Senate,” said the Louisiana Republican. “So it would be a waste of our time.”

Duffy warns of flight delays due to shutdown

Transportation Secretary Sean Duffy joined Johnson and House Republicans during their press conference. 

He said that flight delays have increased due to staffing shortages.

More than 50,000 TSA agents and more than 13,000 air traffic controllers have continued to work without pay during the government shutdown. 

“They’re angry,” Duffy said of air traffic controllers. “I’ve gone to a number of different towers over the course of the last week to 10 days. They’re frustrated.”

Next Tuesday, air traffic controllers will not receive their full paycheck for their work in October, Duffy said.

He added that the agency is already short-staffed — by up to 3,000 air traffic controllers.

“When we have lower staffing, what happens is, you’ll see delays or cancellations,” Duffy said. 

The FlightAware tracker said there were 2,132 delays within, into or out of the United States of unspecified length reported by Thursday afternoon, compared to 4,175 on Wednesday, 3,846 on Tuesday and 6,792 on Monday.

A shortage of air traffic controllers helped play a role in ending the 2019 government shutdown, which lasted 35 days, after thousands of commercial flights were ground to a halt. 

Federal judge blocks Trump from carrying out thousands of layoffs during shutdown

A sign on the entrance to the U.S. National Arboretum is seen as it is closed due to the federal government shut down on Oct. 1, 2025 in Washington, D.C.  (Photo by Kevin Dietsch/Getty Images)

A sign on the entrance to the U.S. National Arboretum is seen as it is closed due to the federal government shut down on Oct. 1, 2025 in Washington, D.C.  (Photo by Kevin Dietsch/Getty Images)

This report has been updated.

WASHINGTON — A federal judge issued a temporary restraining order Wednesday, blocking the Trump administration from moving forward with the thousands of layoffs it initiated after the government shutdown began Oct. 1, as well as any others that officials might want to carry out.  

The hearing in the U.S. District Court for the Northern District of California took place at the same time White House budget director Russ Vought appeared on the conservative Charlie Kirk podcast to preview his next steps.

Vought warned the initial Reductions in Force, the technical term for a layoff notice, were just “a snapshot” and that as many as 10,000 federal workers would lose their jobs if the shutdown drags on.

“We’re going to keep those RIFs rolling throughout this shutdown because we think it’s important to stay on offense for the American taxpayer and the American people,” Vought said. “We want to be very aggressive where we can be in shuttering the bureaucracy, not just the funding, but the bureaucracy.”

Judge Susan Illston said during the hearing that she granted the temporary restraining order because Trump administration officials had “taken advantage of the lapse in government spending, government functioning to assume that all bets are off, that the laws don’t apply to them anymore and that they can impose the structures that they like on the government situation that they don’t like.” 

Illston said laws and regulations still apply during a shutdown and that, by all appearances, the Trump administration’s actions in the case are politically motivated. 

“Things are being done before they’re thought through — very much ready, fire, aim,” Illston said.

The ruling will put the approximately 4,000 layoffs noticed during the shutdown on hold as the court case proceeds. 

DOJ unprepared to speak on merits of case

Elizabeth Hedges, a Justice Department attorney arguing the case on behalf of the Trump administration, said several times during the brief hearing she wasn’t prepared to speak about the merits of the case — a position that confounded the judge, who gave Hedges several chances to reverse course.  

“We may be able to address the merits at the next stage,” Hedges said, after telling Illston she would need to check with others before making any statements about why the administration believes its actions are legal. 

Danielle Leonard, an attorney representing the labor unions that brought the lawsuit, urged the judge to grant a temporary restraining order for all the departments and agencies that make up the executive branch, not just those that have announced RIFs.

Leonard said she believes Trump administration officials have decided how many additional federal employees to lay off during the shutdown, but have opted not to share that information with the court.

“The decision has been made, it’s just a question of implementation and timing,” Leonard said, around the same time Vought was giving his podcast interview. 

Illston, who was nominated by former President Bill Clinton, said at the end of the hearing she expected the attorneys to find a day in the coming weeks when they can attend a hearing on the next stage, which would be a preliminary injunction.

Senate deadlocks for ninth time

On the other side of the country, Republicans and Democrats continued to spar on Capitol Hill over the reasons for the shutdown, as the Senate failed for a ninth time to advance a short-term government spending bill. 

The 51-44 vote was nearly identical to the others that have taken place since mid-September, and neither side appeared inclined to make concessions or even try to negotiate. 

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

Democrats maintain there must be a bipartisan deal to extend the enhanced tax credits that are set to expire at the end of this year for people who get their health insurance from the Affordable Care Act Marketplace. 

GOP leaders said they are willing to begin negotiations on that issue, but only after Democrats vote to advance the stopgap bill that would fund government through Nov. 21. 

The House voted mostly along party lines to approve the legislation in mid-September, but it has remained stalled in the Senate ever since, unable to garner the 60 votes needed to advance toward final passage. Republicans control the chamber with 53 seats.

Congress needs to approve the stopgap bill since it, once again, failed to approve all 12 of the full-year government funding bills by the Oct. 1 start of the new fiscal year.

The only other way to end the funding lapse would be for both chambers to reach a broadly bipartisan consensus on all of those appropriations bills. 

Layoffs across agencies

The layoffs initiated by the Trump administration during the shutdown were detailed further on Tuesday in court filings from the labor unions’ attorneys as well as Trump administration officials.  

Stephen Billy, senior adviser at the Office of Management and Budget, wrote the number of layoff notices had changed since Friday when he outlined the Reductions in Force to the court.

The numbers have fluctuated significantly for some departments, but not for all. 

  • Commerce: Approximately 600 employees, up from 315
  • Education: Remained at 466 employees
  • Health and Human Services: 982 employees, down from a range of 1,100 to 1,200
  • Housing and Urban Development: Stayed at 442 employees
  • Homeland Security: Decreased to 54 from 176 employees
  • Treasury: Reduced somewhat to 1,377 employees, from 1,446 

Energy, EPA layoffs

Federal workers at those departments have 60 days between when the notice was sent and when they will no longer have jobs, though a different standard is in place at the Energy Department and the Environmental Protection Agency. 

Energy officials, the document says, “issued a general RIF notice informing 179 employees that they may receive a specific notice in the future if it is determined they will be part of any RIF. If so, that notice would provide the relevant notice period.”

But a spokesperson for the Energy Department emailed States Newsroom on Tuesday evening to confirm officials had issued RIF notices to workers in the Offices of Energy Efficiency and Renewable Energy, Clean Energy Demonstrations, State and Community Energy Programs and Minority Economic Impact.

“All these offices played a major role in the Biden administration’s war on American Energy,” the spokesperson wrote. “They oversaw billions of dollars in wasteful spending and massive regulatory overreach, resulting in more expensive and less reliable energy. These offices are being realigned to reflect the Trump administration’s commitment to advancing affordable, reliable, and secure energy for the American people and a more responsible stewardship of taxpayer dollars.”

Further confusing the situation at the Energy Department, a footnote in the court document filed by Billy said that particular agency isn’t actually experiencing a lapse in funding. 

The Billy court document said EPA officials sent 28 employees “intent to RIF” notices and will send formal RIF notices “to any affected employees at least 60 days prior to the effective date.” 

A separate document, filed by Thomas J. Nagy Jr., deputy assistant secretary for Human Resources at HHS, said “data discrepancies and processing errors” led to 1,760 employees receiving layoff notices instead of the intended 982.

“Employees have been working since October 10, 2025, to rescind the notices that had been issued in error,” Nagy wrote. 

At CDC, ‘eliminating entire offices’

Yolanda Jacobs, president of the American Federation of Government Employees Local 2883, wrote in a brief to the court that the Centers for Disease Control and Prevention “issued RIF notices to approximately 1,300 employees, eliminating entire offices at the agency. Then, within 24 hours, the CDC rescinded approximately 700 of those RIF notices.” 

Jacobs wrote the 600 CDC workers who received RIFs will officially lose their jobs on Dec. 8, even though they have already lost access to work email and computers. 

“Many Union members have told me that they are experiencing serious mental health problems and have found it very difficult to get their work done, given all of the turmoil that they have experienced this year,” Jacobs wrote, referencing previous RIF notices and reinstatements. “Members have told me that they worry on a day-to-day basis about whether they will have a job the next day. They said that they have felt like the Trump Administration has been using them as bargaining chips this year.”

Jacobs wrote that the Trump administration has decided to lay off many human resources workers, which had blocked other workers who received RIFs from being able to get information about how to roll over their health insurance coverage. 

During past RIFs, she wrote, workers had “access to the employment records, including paystubs and performance records, that they need for processing their separations,” but cannot since they are locked out of computer systems. 

Layoffs hit Department of Education

Rachel Gittleman, president of AFGE Local 252, which represents nearly 3,000 Education Department workers, wrote in a separate filing the layoffs will impact numerous programs, including civil rights, communications and outreach, elementary and secondary education, post secondary education, and special education and rehabilitative services.

“Receiving RIF notices has caused many employees enormous stress. A father of two young boys contacted me—he just moved into a new home and relies on his job to support his family,” Gittleman wrote. “He told me (he) doesn’t know what he will do next.”

Workers on maternity or disability leave also received layoff notices, “forcing them to job-hunt and face financial insecurity while managing newborns or health conditions,” she wrote. 

Following past RIF notices, the department provided “career transitioning and counseling, benefits and retirement training, and access to other human resources and employee assistance programs.” But Gittleman wrote that isn’t happening this time. 

‘Devastated’ HUD employees

Ashaki Robinson, regional vice president for AFGE Council 222, which represents nearly 5,000 HUD workers, said the layoff notices for that department will impact employees in Florida, Georgia, Kansas, Massachusetts, Puerto Rico, Texas and Washington, D.C., who manage a variety of programs. 

“They are devastated that the RIF is happening and are very concerned about losing their incomes, health insurance coverage for themselves and dependents, and other employment benefits in 60 days, when they will be separated from employment,” Robinson wrote. 

The hundreds of HUD workers who have received RIF notices, she wrote, were “targeted for termination not because of anything they did themselves, but because of decisions made by elected officials that may have been driven by politics.”

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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