Trump's rescission power echoes Carter-era precedent from nearly five decades
Trump's foreign aid rescission follows Carter-era precedent unused for nearly five decades.
Event / Politics
Trump administration announced rescission of nearly $1 billion in congressionally approved spending on September 26, 2026, targeting refugee services, migrant education, and diversity programs. The action drew criticism from lawmakers across parties over constitutional concerns regarding executive power and congressional review procedures.
2026-09-27 to 2026-11-02 · UTC publication dates
Coverage begins 27 Sept, 00:28 UTC
Follow the documented timeline or explore the related reporting.
A pocket rescission, the rare budgetary tool that allows a president to cancel congressionally approved spending by allowing it to lapse during a congressional recess, was last used essentially in 1977 under President Jimmy Carter. The Trump administration argues the tool is legally permissible, citing that Carter had initially proposed his rescission well ahead of the 45-day deadline.
The largest portion of the rescission, $567 million, targeted Health and Human Services programs serving refugees, asylees, and unaccompanied minors. Additional cuts included $70 million for international education programs, $56 million in Housing and Urban Development counseling grants, $25 million in migrant student education programs, $28 million in Health and Human Services research grants, $10 million from a minority business development program, and $9 million in debt relief for countries funding climate change policies.
Senator Patty Murray of Washington, the lead Democrat on the Senate Appropriations Committee, described the rescission as theft from the American people and characterized it as part of a pattern of executive overreach. Senator Murray stated that Democrats had fought to include language in recent spending negotiations to prevent such actions but Republicans declined to support such protections.
In 2025, Trump issued a pocket rescission for the first time in nearly 50 years, blocking $4.9 billion in congressionally approved foreign aid. The Supreme Court declined to block that rescission, citing Trump's authority over foreign affairs. The current rescission represents the first use of this power against domestic spending rather than foreign aid.
President Trump's Office of Management and Budget announced on Friday, September 26, 2026, that it would rescind nearly $1 billion in spending that had been approved by Congress. The rescission was announced with only five days remaining in the federal fiscal year (ending September 30) and while the House was out of session through the November election, making Congressional review effectively impossible under the 45-day review period required by law.
The Trump administration stated that the funding rescission was necessary because illegal border crossings have diminished considerably under its border policies, making the funding for refugee and migrant services no longer necessary. The administration characterized the targeted spending as harmful and ideological.
Senator Susan Collins of Maine, a Republican and chair of the Senate Appropriations Committee, condemned the rescission as illegal and unconstitutional. Collins stated the administration provided no warning or consultation and called the action a usurpation of Congress's appropriations powers. She cited the Government Accountability Office finding that pocket rescissions violate the Impoundment Control Act and accused the Office of Management and Budget of undermining Congress's Constitutional power of the purse.
Trump's foreign aid rescission follows Carter-era precedent unused for nearly five decades.
Bipartisan lawmakers challenge rescissions as unconstitutional executive overreach on appropriated funds.
Trump administration rescinds $1 billion in approved refugee and diversity program funding.