Administrative officials expect it will take several weeks for states and the federal government to implement the measure in that order and pay for payments. In practice, we expect implementation and disbursement to take much longer. Initially, government employment offices are weeks and in some states months behind in processing job applications, struggling to implement the new unemployment programs created by CARES. But people with student loans are probably the only ones who see much relief from Trump`s executive actions. In most cases, the problem with these actions is not that they are illegal. It`s that legal restrictions on Trump`s actions prevent them from doing much. But the reality is more nuanced. With one possible exception — there is a strong legal argument against Trump`s order on unemployment benefits — Trump`s four actions are likely legal. The problem with these actions is not that they are likely to be blocked by the Federal Court; With one exception, federal law severely limits the president`s ability to provide pandemic assistance. And Trump appears to be largely complying with these restrictions. But even if Trump has the legal authority to provide enhanced unemployment benefits, those benefits will be short-lived and likely won`t be available in many states — if they are available at all.
It also takes critical steps to protect and empower federal employees who dedicate their careers to serving the American people. They keep us healthy, safe and informed, and their work goes beyond partisan politics. They are health workers who care for veterans, the elderly and the disabled. They are experienced scientists, doctors and technicians who maintain world-class standards, prevent and combat the spread of infectious diseases and save countless lives. They deliver our mail, operate our national parks, keep our federal buildings running, protect us from climate change and environmental poisoning, and ensure that the law is faithfully and fairly enforced. They are talented, hard-working, and inspiring Americans who deserve the utmost dignity and respect. But over the past four years, they have been undermined and demoralized. The president will sign an executive order that takes steps to protect and hold accountable federal employees who are so important to this country. E: (1) In the coverage, most news sources referred to them as decrees. Technically, only one – the moratorium on housing assistance and seizures – is a decree.
The other three directives are presidential memoranda. There are technical differences between the two, but none are relevant to the discussion here. There are other complications. Where will Vox Media find the money to make these future payments if they haven`t withheld it on my paycheck? Will he ask me – and all other affected employees – to return the money we have already received? What if we have already spent this money? Does this mean that my future paycheques will be withheld to cover the deferred tax bill? It is difficult to describe loss of income or additional unemployment benefits as falling under the wording of the Stafford Act. This provision seems to be aimed much more at the reimbursement of certain categories of costs and not at the granting of additional wage assistance. In fact, the memorandum appears to replace these eligibility criteria with new and different criteria: to receive at least $100 in some form of unemployment benefits. The memorandum also does not explain whether and how the government will require individuals to prove that the additional payments were used to purchase eligible necessary expenses, or what counts as necessary expenses or expenses incurred because of a serious need. In other words, the order directs various agencies to look for ways to help tenants and landlords who are having difficulty meeting their financial obligations.
Maybe these agencies will find something. But the executive regulation itself does not help anyone. Yes, it will almost certainly face several serious legal challenges, although we are currently not aware of any legal challenges. While many describe this memorandum as “unemployment assistance” or an “extension of additional unemployment benefits,” the memorandum is actually an endorsement of disaster relief funds in a format designed to mimic the additional unemployment benefits passed but not renewed in the CARES Act. There are two main differences between these eligibility criteria and the eligibility criteria in CARES. First, the memorandum increases the minimum weekly support requirement from $1 for unemployment benefits to at least $100. This is an important change that is likely to prevent many people employed part-time or with limited employment histories from receiving unemployment benefits, especially in states with lower unemployment benefit formulas. Also remember that Trump`s memo only asks for $44 billion to spend on unemployment benefits. David Super, a professor of law and economics at Georgetown University, writes, “With about 25 million people receiving unemployment benefits, the $300 federal share of the new weekly benefit would last about six weeks or until mid-September.” At that time, the unemployed would be in the same boat as they are today.
The memorandum defines “eligible claimants” as anyone who receives at least $100 per week in unemployment benefits or one of the early unemployment benefit options under CARES and provides self-certification that the applicant is partially or completely unemployed due to disruptions caused by COVID-19. It is unclear whether the federal government will define what it means to be “partially unemployed” or “unemployed,” or whether these terms will be borrowed from the state`s current unemployment benefit rules. But the decree itself really does nothing, at least not alone. Essentially, the Disaster Assistance Memorandum is based on the diversion of previously approved funds from general disaster assistance to provide people with unemployment benefits in the form of a surtax of up to $400 per week, which must be provided as long as the disaster relief fund contains at least $25 billion in funds. or by December 6. 2020, whichever comes first.