Trump goes around Congress to pay TSA, raising questions

President Donald Trump is bypassing Congress and paying TSA workers as the partial shutdown drags on, he announced on Thursday. His move comes with big legal and political questions.

Trump’s decision comes 41 days into a Department of Homeland Security shutdown and after several Democratic attempts to pay TSA workers amidst a larger disagreement over immigration enforcement policy changes demanded by Democrats. As the shutdown progressed, airports across the country increasingly struggled with lengthy security lines and resulting disgruntled travelers.

Trump already announced that he’d direct ICE agents to head to airports in an effort to help ease some of the work for TSA agents, and his latest announcement comes just as Congress is poised to go on an Easter recess. But it also raises questions about why Trump didn’t act sooner if he had the authority; several Republicans told Semafor that they’d been aware Trump had this option for days now.

It’s unclear under what legal authority Trump will pay workers, but the news will be a relief to thousands of TSA workers who have been without pay since February.

The money to pay TSA is coming from last year’s tax cuts bill which also spent billions on immigration enforcement, according to a senior administration official.

The White House previously made plans to pay the Coast Guard earlier in the shutdown.

Trump’s announcement is also an attempt to get around a stalled Congress. Democrats said throughout the day Thursday they were still trying to cut a deal to reopen DHS, but as Republicans grew frustrated, Trump informed allies he was bypassing Congress to pay the TSA.

“The president’s showing the leadership we would expect,” said Senate Majority Whip John Barrasso, R-Wyo., who spoke to Trump on Thursday evening. “The Democrats are completely unable to come to an agreement to help the American people.”

Had Trump not acted, the Senate was poised to approve legislation paying those workers anyway, said Sen. Angus King, I-Maine, who said negotiations shouldn’t stop because of Trump’s action.

“We’re still talking, we’ve got three other agencies to deal with — assuming this is effective, what he’s proposing,” King told Semafor. “I’d like to stay here and get this done. There have been very active discussions back and forth.”