Judge Rules Trump Administration Violated Law in Firing FEMA Official but Denies Immediate Reinstatement

U.S. District Judge Michael Nachmanoff ruled on Friday that the Trump administration violated federal law by firing FEMA Chief Financial Officer Mary Comans without following civil-service protections. Comans was dismissed in February 2025 after Department of Homeland Security officials accused her of authorizing payments tied to New York City migrant shelter operations under the Shelter and Services Program created by Congress.

Four FEMA employees, including Comans, were terminated that month over the funding dispute. The termination notice cited presidential authority under Article II of the Constitution rather than standard removal procedures. Judge Nachmanoff stated that for the last 140 years the Supreme Court has affirmed the president does not have plenary power to remove inferior officers.

The ruling came less than three weeks after the Supreme Court decision in Trump v. Slaughter that allowed removal of FTC Commissioner Rebecca Slaughter. President Trump wrote on Truth Social that the decision greatly increased presidential power.

Judge Nachmanoff ruled the administration could not invoke Article II to bypass procedures Congress established for career federal employees. The judge did not order Comans’ immediate reinstatement but ruled she is entitled to a name-clearing hearing. The precise structure of that hearing remains unresolved, though Nachmanoff suggested it could be handled by a magistrate judge.

The Trump administration is expected to appeal. The Justice Department declined to comment. DHS did not provide a comment when contacted by Newsweek on Friday. Elon Musk had publicly criticized the payments on social media while leading the Department of Government Efficiency initiative.