On January 24, 2025, President Trump signed an executive order establishing the Federal Emergency Management Agency Review Council. President Trump has indicated that, depending on the findings of the review council, there may be consideration of dismantling FEMA entirely.
Article 2, Section 2 of the U.S. Constitution gives Congress the authority to both establish and abolish federal agencies to carry out the powers granted to it by the Constitution. The Federal Emergency Management Agency (FEMA), is a federal agency within the Department of Homeland Security (DHS). Trump would need Congress to pass a law either eliminating FEMA or giving Trump the authority to eliminate FEMA before he could permanently shut down the agency unilaterally.
TRUMP ORDER COMES FROM PROJECT 2025
Project 2025 calls for “Privatizing … the Federal Emergency Management Agency (FEMA) National Flood Insurance Program, reforming FEMA emergency spending to shift the majority of preparedness and response costs to states and localities instead of the federal government, eliminating most of DHS’s grant programs.”
It also recommends that Congress change the cost-sharing agreement so the federal government only covers 25% of costs for small disasters, with the cost-sharing reaching a maximum of 75% for “truly catastrophic disasters.” That would likely leave poorer states and communities out to dry, unable to fully recover from disasters.
REALITY: TRUMP POWER CONSTRAINED BY THE LAW WHEN IT COMES TO FEMA
The President cannot unilaterally overturn FEMA or its functions due to the protections and obligations outlined in the Stafford Act. While executive action can influence FEMA’s operations, any fundamental changes would require Congress to pass new legislation. This ensures FEMA’s role in disaster response remains a federal priority, even amidst political debates.
The President’s power to reorganize or dismantle FEMA is constrained by laws like the Robert T. Stafford Disaster Relief and Emergency Assistance Act. The Stafford Act provides the legal framework for federal disaster assistance, granting the President authority to issue disaster declarations and mobilize federal aid. The Stafford Act legally mandates the federal government’s role in disaster relief. This makes it difficult for a President to outright abolish FEMA without congressional approval since the agency is required to carry out statutory obligations under the act.
Ultimately, Congress controls FEMA’s funding and legislative mandate. Any attempt to eliminate or drastically alter FEMA would require congressional action to repeal or amend the Stafford Act. And, courts can challenge executive actions that overstep statutory boundaries, particularly if they undermine FEMA’s ability to fulfill its legal obligations under the Stafford Act.
TRUMP SECRETARY OF HOMELAND SECURITY TESTIFIED SHE WOULD ENSURE DISASTER RELIEF LAWFULLY AND WITHOUT BIAS
The Federal Emergency Management Agency (FEMA) operates under the Department of Homeland Security (DHS). It became part of DHS in 2003 when the department was established as a response to the September 11, 2001, attacks. FEMA's role focuses on disaster preparedness, response, recovery, and mitigation efforts in collaboration with state and local governments.
During her confirmation hearing to become the Secretary of Homeland Security, Kristi Noem was questioned about ensuring disaster relief is delivered without political bias or interference from the President. Concerns were raised about President Trump’s past actions, including withholding disaster relief funds from certain states, potentially for political reasons. Noem emphasized that her leadership at the Department of Homeland Security would ensure disaster relief is delivered lawfully and without bias.
Over the past decade, Noem’s home state, South Dakota, received significant financial assistance from FEMA to support recovery and mitigation efforts following various natural disasters. Notable allocations include:
2019 Flooding: In response to severe flooding, FEMA awarded more than $3.3 million in Hazard Mitigation Grant Program funds to four South Dakota cities—Madison, Sioux Falls, Dell Rapids, and Yankton—for the purchase and removal of flood-prone properties. Home
2024 Flooding: Following the June 2024 floods, FEMA approved approximately $2.9 million in community recovery funds for South Dakota. As of November 2024, 84 projects had been approved under this funding.
In 2019, as a U.S. Representative, Noem expressed satisfaction when FEMA amended a disaster declaration to include Individual Assistance for South Dakota residents affected by severe weather, stating, "This is great news for South Dakotans who have been hit hard by recent storms."
POLITICAL INTERFERENCE WITH FEMA COULD BE CATASTROPHIC
Since 2015 every state in the nation has had multiple counties where a disaster was declared. A January 2025 Congressional Research Report clearly shows that FEMA needs more capacity and that while no state has not benefited, the impact is greatest in the deep south.
In 2024, Republican Governors from states like South Carolina, Georgia, Virginia all spoke positively about the support they received from FEMA.