Education Dept. Accused of Unlawfully Altering Furloughed...

During a U.S. government shutdown, the Department of Education under the Trump administration unilaterally altered the automatic out-of-office email replies for its furloughed employees to include partisan messaging that blamed Democratic senators for the lapse in appropriations. Staff members reported that their initial, neutral out-of-office messages were replaced without their knowledge or consent with a statement that claimed, "Unfortunately, Democrat Senators are blocking passage of H.R. 5371 in the Senate which has led to a lapse in appropriations." This action affected a significant portion of the department's workforce, as approximately 87% of its 2,500 employees were furloughed. The move drew immediate condemnation from employees, union representatives, and ethics watchdogs, who characterized it as an abuse of power and a potential violation of federal law.

The incident occurred amidst a broader government shutdown that began around October 1, 2025, after Congress failed to pass a funding bill. Initially, the Education Department provided employees with standard, nonpartisan language for their automated replies, which simply stated that the employee was unavailable due to a temporary government shutdown. However, employees soon discovered that this message had been overwritten with the politically charged text. Several employees expressed shock and a sense of violation, stating the message was "compelled speech" and that the department was "putting words in the mouths of the employees." The action was part of a wider administration strategy to use official channels for political messaging, as similar partisan statements appeared on the websites of other federal agencies, including the Department of Housing and Urban Development (HUD) and the Small Business Administration.

The controversy quickly centered on potential violations of the Hatch Act, a 1939 law that restricts federal employees from engaging in partisan political activity in their official capacity. Watchdog groups like Citizens for Responsibility and Ethics in Washington (CREW) and Public Citizen labeled the administration's actions as "extraordinarily irresponsible and inappropriate" and filed formal complaints. Employees voiced concerns that they could be held liable for violating the Hatch Act, even though the messages were changed without their consent. Sheria Smith, president of the union representing Education Department staff, noted that while employees had been instructed to set shutdown-related messages in the past, "none of it was ever partisan." A department spokeswoman did not deny the changes, stating, "The email reminds those who reach out to Department of Education employees that we cannot respond because Senate Democrats are refusing to vote for a clean CR and fund the government."

Background on the Hatch Act: The Hatch Act of 1939 is a federal law whose main provision prohibits civil service employees in the executive branch from engaging in some forms of political activity. It aims to ensure federal programs are administered in a nonpartisan fashion, protect federal employees from political coercion in the workplace, and keep taxpayer dollars from funding partisan efforts. Watchdog groups argued that by changing employee emails for partisan gain, the administration violated these objectives and used taxpayer funds to disseminate overtly partisan messaging. Penalties for violations can range from civil fines up to $1,000 to removal from federal service.
Content of the Altered Message: The new, unauthorized out-of-office message stated: “Thank you for contacting me. On September 19, 2025, the House of Representatives passed H.R. 5371, a clean continuing resolution. Unfortunately, Democrat Senators are blocking passage of H.R. 5371 in the Senate which has led to a lapse in appropriations. Due to the lapse in appropriations I am currently in furlough status. I will respond to emails once government functions resume.” This message was discovered by employees who had previously set up a neutral, department-suggested auto-reply.
Employee and Union Reaction: Furloughed employees expressed feelings of shock and violation, with some telling reporters they felt the move was a "setup" and an invasion of their civil rights. Five employees told NBC News they had not consented to the change, with one stating, "it's written in the first-person, as if I'm the one conveying this message, and I'm not." The union representing the workers feared that its apolitical members could be disciplined for the forced partisan messaging. One employee even attempted to change the message back to the neutral version, only to find it had been reverted to the partisan text again.
Broader Administration Strategy: The Education Department's actions were not isolated. The Trump administration was accused of a coordinated campaign to blame Democrats for the shutdown using official government resources. Partisan messages also appeared on the websites of the Department of Health and Human Services (HHS), the Department of Agriculture (USDA), and others. The advocacy group Public Citizen filed multiple complaints against various agencies for using taxpayer dollars to "plaster partisan screeds on every government homepage that they can get their hands on."
Political and Legal Implications: Critics, including Maryland Representative Jamie Raskin, accused the administration of turning taxpayer-funded communications into "MAGA propaganda organs" in a "naked violation" of the Hatch Act. The controversy raised questions about the politicization of the civil service and the abuse of executive power. The very office responsible for enforcing the Hatch Act, the Office of Special Counsel (OSC), was ironically closed due to the funding lapse, and its head had been recently replaced by a Trump appointee.
Context of the Government Shutdown: The partial government shutdown began after the White House and Congress failed to agree on an appropriations bill. The specific impasse that led to the 2018-2019 shutdown, the longest in U.S. history, was President Trump's demand for $5.7 billion in federal funds for a U.S.-Mexico border wall. During such shutdowns, non-essential government services halt, and hundreds of thousands of federal employees are furloughed, meaning they are sent home without pay.
Impact on Federal Workers: The shutdown furloughed about 800,000 of the 2.1 million federal workers. While a 2019 law ensures furloughed employees receive back pay after the shutdown ends, the immediate loss of income can cause significant financial hardship. The Congressional Budget Office estimated the 35-day shutdown in 2018-2019 cost the U.S. economy at least $11 billion. The incident added to worker anxiety during a period when the administration was also floating the possibility of permanent layoffs.
Department of Education's Official Response: When questioned, a spokeswoman for the Education Department, Deputy Assistant Secretary for Communications Madi Biedermann, did not deny that the messages were changed. She defended the content, stating that the email "reminds those who reach out to Department of Education employees that we cannot respond because Senate Democrats are refusing to vote for a clean CR and fund the government." This confirmed the department's intent to use the out-of-office messages as a political messaging tool.