A Repeating of History: Air Traffic Controllers and Airspace Safety During the Government Shutdown

I. Introduction 

 After 35 days of the first government shutdown under the Trump administration in 2019, many air traffic controllers stayed home, halting travel at LaGuardia Airport. In response, President Trump signed a “short-term spending bill, effectively ending the government shutdown.” [1] Comparatively, the current strain on U.S. air travel, due to the government shutdown that began on October 1, is approaching the conditions that led to the end of the 2019 shutdown. So now we ask, can air traffic controllers do it again? 

On November 4, 2025, the current government shutdown brought on by a disagreement between Republicans and Democrats on a bill funding government services, “surpassed the record for longest in American history.” [2] The 36th day of the government shutdown, November 4, brought uncertainty to the American population. President Trump has threatened to deny food subsidies to 42 million Americans until the end of the shutdown, while essential workers are working without pay.

Some federal employees, including military personnel, healthcare workers, and air traffic controllers, must continue working without pay during the shutdown, while others are furloughed until new appropriation bills are approved. The shutdown presents challenges for federal employees across all 50 states: roughly 4.5 million paychecks will not be distributed, representing approximately $21 billion in lost wages. [3]

II. Essential Workers in the Shutdown

Essential workers were first thrust into the spotlight in 2019, when the 35-day shutdown occurred amid expanding barriers on the U.S.-Mexico border during President Trump’s first term. During any government shutdown, workers must continue working if they provide essential services such as health care, food service, or public transportation. During the 2019 shutdown, essential workers were devastated, and this shutdown is no different. 

While budget conflicts are common in U.S. politics, the current shutdown is especially tense as Trump began reducing the size of the federal government upon returning to office last January, threatening to make even further cuts. Before the shutdown began, Trump stated, “We’ll be laying off a lot of people,” calling this the “perfect opportunity” for additional budget cuts. The BBC estimates that these planned layoffs will cause about 40% of federal workers—around 750,000 people—to go on temporary leave.

Air traffic controllers oversee and ensure the safety of over 2 million aviation passengers per day. [4] There are far more air traffic controllers than people realize, including en route and center controllers, approach and departure controllers, and tower or ground controllers. They manage each flight not just at and around the airport, but also along each route. However, with no income, their attention is not just on “the American flying public,” but also on “what they can’t afford to pay.” [5] The majority of the more than 13,000 air traffic controllers who work across the U.S. are seeking new jobs and career paths that provide stable income, leaving them “distracted” and “fatigued.” [6] For now, most are working a second job each day, such as driving for Uber or delivering food on DoorDash, to pay their bills.

Even before the shutdown began, 10,800 certified controllers were doing the work of approximately 14,633—400 fewer than during the 2019 shutdown. With no end in sight for this shutdown, air traffic controllers see a future without paychecks. “They cannot be 100% focused on their jobs, which makes this system less safe. Every day that this shutdown continues, tomorrow, we’ll be less safe than today,” said Nick Daniels, the President of the National Air Traffic Controllers Association. 

III. Threats to Air Safety 

In 2019, the country experienced a strain on air traffic and controllers as well, with Delta Air Lines reporting 200 of its flights delayed or cancelled. The Federal Aviation Administration (FAA) saw a small increase in sick leave at two of its facilities. They attributed these results to be of minimal impact, but nevertheless, the FAA added more staff, rerouted traffic, and increased spacing between flights. [7] The consequences for air safety and travel were less severe than they are today. 

On day 25 of the current shutdown, flights were delayed due to a shortage of workers, and Transportation Secretary Sean Duffy has grown fearful of the “mass chaos” in national airspace. Without enough air traffic controllers, there could be mass flight cancellations and closures of airspace throughout the country. As the head of the FAA, Sean Duffy stated the agency will close the airspace when it deems it unsafe. [8] On October 31, the FAA reported that around 80 percent of air traffic controllers in the New York City area were not at work, and by November 7, the Trump Administration reduced air traffic by 10 percent at 40 airports—a development that could lead to thousands of flight cancellations and increased frustration among passengers. [9]

As the shutdown continues, the system becomes increasingly unsafe and air traffic controllers are feeling the pressures of the present threats. As more workers call in sick or are absent, controllers must take on the work of their coworkers, reducing their attention to specific tasks and inevitably making the system less safe. Controllers are growing impatient at these crossroads. With no consistent paycheck, having to assume the duties of other controllers on top of their own, and working more than one job to make ends meet, the pressure is both real and lasting. 

A controller who handles arrivals and departures at a major airport in the New York City area commented on the government’s role, asking, “Why would they jeopardize hundreds of thousands of people’s lives every day this way?” [10] Many controllers feel that the government does not fully recognize the importance of the air traffic control profession. Moreover, they see the danger that comes with a reduced staff, such as decreased focus on specific tasks. Similarly, a passenger at Reagan National Airport in Arlington, Virginia, said the government’s actions were “manufactured” and “political.”

Resolving the shutdown is not simple. Without action from Congress, federal employees and essential workers cannot be paid. According to Transportation Secretary Sean Duffy, the Constitution and federal law do not allow him to pay air traffic controllers independently. Some scholars have suggested that the Department of Transportation could pay controllers with money from the Airport and Airway Trust Fund, which had a cash balance of $18 billion at the end of fiscal year 2024, collected from ticket taxes. This was proposed on the Airlines Confidential Podcast with Scott McCartney, who noted that authorization from Congress would likely be required to use the trust fund money in this way. Even though Congress has not funded the government for this, or provided alternative ways to pay the controllers, the Department of Transportation lacks the authority or power to provide air traffic controllers with the funds they need. 

IV. Legal and Constitutional Considerations: The Appropriations Clause

Government officials are restricted from allocating federal funds to essential workers during a shutdown due to the Appropriations Clause in Article I of the Constitution, which states: “No money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.” This clause establishes that only Congress can authorize the spending of federal funds. Therefore, the Secretary of Transportation has no legal authority to pay air traffic controllers, and federal agencies cannot spend money not appropriated by Congress. The principle of separation of powers maintains that the executive branch, including federal agencies, cannot make allocations of federal funds without Congressional approval. 

In Reeside v. Walker (1851), the principles of the Appropriations Clause were applied after James Reeside claimed additional payment beyond what the Post Office Department allowed, and the U.S. government sued Reeside for overpayment. [11] The jury found that the government owed Reeside over $1000, and Reeside and his executrix filed a writ of mandamus requesting that the Secretary of the Treasury pay the amount. Associate Justice Levi Woodbury delivered the majority opinion, stating that the Secretary of Treasury could not be compelled to pay the debt under these circumstances because no appropriation had been made by Congress. This ruling upheld the Appropriations Clause in the Constitution, since it emphasizes that money cannot be drawn from the Treasury without appropriations made by law. In this and other cases regarding the Appropriations Clause, the Court has reinforced the need for statutory authorization from Congress for any withdrawals from the Treasury. 

Even though federal agencies are unable to alter the current state of essential workers, air traffic controllers cannot legally take action to change their financial circumstances or positions. Union representatives note that they are prohibited from striking or  “coordinating their absences.” Under current law, excepted employees are not paid until the shutdown ends. [12] However, since the beginning of the shutdown, legislators have introduced proposals to pay all federal workers. One proposal, the Shutdown Fairness Act of 2025, introduced by Senator Ron Johnson, would provide pay to all federal employees—both essential and furloughed. [13] The bill was blocked in a 54-45 vote, falling short of the 60 votes required for passage. 

Democrats, including Senate Majority Leader Chuck Schumer, opposed the proposal. Schumer stated, “It’s nothing more than another tool for Trump to hurt federal workers and American families and to keep this shutdown going for as long as he wants.” [14] In response, Senators Chris Van Hollen and Gary Peters introduced the True Shutdown Fairness Act, which would prevent the Trump administration from carrying out mass layoffs or implementing “reductions in force.” Senator Johnson blocked the bill on October 23.

V. Conclusion  

As of November 11, the funding bill to end the shutdown was sent to the House for a final vote after the Senate approved it. If this final legislation passes, President Trump is expected to sign it, and the shutdown will come to a close. [15] In this event, air traffic controllers should get 70% of back pay within 48 hours of the shutdown ending. 

However, as the government remains shut down and funding for federal workers remains inaccessible, air traffic controllers in particular have definitely reached a “tipping point.” NPR spoke to a controller managing high-altitude traffic in the Midwest, who said that controllers are approaching a situation similar to the 2019 shutdown, “where people just started getting fed up with it.” 

This shutdown, though nearing the end, raises questions about how air traffic controllers are treated and valued as essential workers. President Trump has expressed his frustration at air traffic controllers who stayed home during the shutdown. On November 10, he wrote on Truth Social that he was unhappy with those complaining and taking time off. Even though there is a 2019 federal law that requires federal back pay, the administration is actively exploring ways to prevent the distribution of back pay to furloughed workers. [16] This presents an issue for the millions of essential workers in the United States. This government shutdown has made it clear that essential workers, especially air traffic controllers, deserve to focus on protecting the American flying public without the stress of unpaid bills.