It has been just over a week since Senate Democrats caused a government shutdown by refusing to pass a continuing resolution which would have guaranteed federal funding until November 21.

In response, the White House is now threatening to block furloughed government workers from receiving backpay when the shutdown ends.  

Controversy stems from 2019 law

As The Hill noted, a piece of legislation was passed in 2019 called the Government Employee Fair Treatment Act, which mandates that federal workers are to be paid when they return to service.

However, the website reported on Monday that an Office of Management and Budget (OMB) draft memo cited a potential loophole.

It pointed to a provision in the law which states that the receipt of backpay shall be "subject to the enactment of appropriations Acts ending the lapse."

The Hill pointed out how during an Oval Office meeting with Canada's prime minister, President Donald Trump asserted that "Democrats have put a lot of people in great risk and jeopardy."

"For the most part, we’re going to take care of our people," he continued before adding, "There are some people that really don’t deserve to be taken care of. And we’ll take care of them in a different way."

Democratic congressman slams "despicable" negotiating tactic

"The Trump Administration is trying to frighten federal employees and their families as a negotiating tactic, which is despicable," Beyer said in a statement.

Proud to stand with my Virginia colleagues against the White House’s bogus threat to deny furloughed federal workers back pay.

The law is clear: back pay is guaranteed.

Families can’t be used as pawns in Trump & Vought’s shutdown. pic.twitter.com/N0eiWOs6w0

— Rep. James Walkinshaw (@Rep_Walkinshaw) October 7, 2025

"The President and Republican leaders should instead be using this time and effort to work with Democrats on a deal that reopens the government, protects Americans’ health care, and prevents huge price increases," he insisted.

Some Republicans are voicing opposition

The Hill observed that opposition has even come from some Republicans, such as Louisiana Sen. Bill Cassidy, who called the idea of blocking backpay a "bad strategy."

"I think it’s a horrible message to send to people who are basically hostages right now to the Democrats shutting down the government, not agreeing to a clean [continuing resolution]," he declared.

Fellow Louisiana Republican Sen. John Kennedy spoke up as well, remarking, "It's not up to the president. I mean, his opinion matters, but Congress has got to appropriate the money. Read the Constitution."