5. Department of Homeland Security · Notable
End unionization of DHS components by executive order under 5 U.S.C. 7103
Printed page 160 5. Department of Homeland Security
“They should also be prepared to help implement any end to unionization of DHS components in response to an executive order pursuant to 5 U.S.C. 7103.”
What has happened
- Partially done
Executive Order 14343 (Further Exclusions From the Federal Labor-Management Relations Program) extends the EO 12171 list again but adds no Department of Homeland Security subdivision: its additions are Interior hydropower units, Commerce subdivisions, NASA and the U.S. Agency for Global Media. The DHS coverage of the ask is therefore still the March 2025 list, and the Status stays `partial`.
- Partially done
Back to `partial` after eighteen days. The D.C. Circuit granted the government a stay of the injunction pending appeal -- "The Government has met the requirements for a stay pending appeal" -- over a dissent from Judge Childs. No administrative stay had issued before then; the order of 2025-05-01 only set a briefing schedule. Executive Order 14251 is operative again, so the Status returns to what the order alone supports. The appeal was argued on 2025-12-15 before Judges Rao, Garcia and Ginsburg and is undecided; nothing in the case has yet been decided on the merits.
- Blocked
Judge Friedman preliminarily enjoined Section 2 of Executive Order 14251 in its entirety, holding it likely ultra vires, and expressly refused to carve out any agency or subdivision: "the government's arguments do not warrant specific agency or subdivision exemptions in the preliminary injunction order", because it had not shown that any particular subdivision meets the 5 U.S.C. 7103(b)(1) criteria. The twelve DHS subdivisions the order excludes were therefore covered, and the exclusions could not take effect.
- Partially done
Executive Order 14251, signed 2025-03-27 under the exact authority the Quote names -- 5 U.S.C. 7103(b)(1) -- determines that twelve DHS subdivisions have intelligence, counterintelligence, investigative or national security work as a primary function and adds them to the Executive Order 12171 exclusion list, ending Federal Service Labor-Management Relations Statute coverage there: the Office of the Secretary, the Office of the General Counsel, the Office of Strategy, Policy, and Plans, the Management Directorate, the Science and Technology Directorate, the Office of Health Security, the Office of Homeland Security Situational Awareness, USCIS, ICE, the Coast Guard, CISA and FEMA. It is `partial` and not `done` because it does not reach every DHS component -- CBP, the Secret Service, FLETC and TSA are absent -- and because new section 1-499 preserves chapter 71 coverage for the immediate local employing offices of agency police officers, security guards and firefighters.
Research log
What was searched, and what didn’t count as evidence
Research notes
Operative text of both orders read at govinfo (Federal Register documents 2025-05836 of 2025-04-03 and 2025-16924 of 2025-09-03), which is how the twelve DHS subdivisions and the section 1-499 police/guard/firefighter carve-out were confirmed rather than inferred from the title.
- Overlaps #344 (classify USCIS as national security-sensitive and decertify its union), researched earlier on the same order and also partial; this Quote asks the wider question — an end to unionization of DHS components — and gets the same answer at a different scope.
- #410 (TSA) is the separate half: TSA screeners are outside chapter 71 altogether and were deunionized by the Secretary’s own determination, not by this order.
- Both dockets were read on 2026-09-02: National Treasury Employees Union v. Trump, D.D.C. 1:25-cv-00935 (filed 2025-03-31) and D.C. Cir. 25-5157, https://www.courtlistener.com/docket/69821136/national-treasury-employees-union-v-donald-j-trump/ . The injunction and the stay are the two events above: an injunction stayed on appeal is blocked from the injunction date and back to the prior Status from the stay date. The stay is still in force: the appeal was argued 2025-12-15, the last docket activity is a 28(j) exchange of 2026-04-23 and 2026-04-29, the docket is not terminated, and no merits opinion appears in the D.C. Circuit’s 2026 output.
- Action
- eliminate
- Object
- unionization of DHS components
- ID
- 413