Police Magazine Logo
MenuMENU
SearchSEARCH

Knuckling Under

In October the Office of Special Counsel (OSC) released a scathing report that alleged widespread abuse of law enforcement premium pay at the Department of Homeland Security. One day before a Senate hearing on the issue, the head of ICE suspended all premium pay for headquarters and training personnel.

Knuckling Under

 

4 min to read


In October the Office of Special Counsel (OSC) released a scathing report that alleged widespread abuse of law enforcement premium pay at the Department of Homeland Security. The report drew upon the testimony of seven whistleblowers and cited some examples where federal officers/employees were allegedly claiming premium pay—Administratively Uncontrollable Overtime (AUO)—that they didn't earn. DHS quickly responded that it would conduct a review. This did not appease Congress, and the Senate Homeland Security and Governmental Affairs Committee scheduled a hearing in January to examine the issue.

So as the plot thickened, leadership's knees began to buckle. A day before the Senate hearing, the then acting director of Immigration and Customs Enforcement (ICE) John Sandweg released a message to the field suspending all AUO for headquarters and training personnel.

Ad Loading...

The Jan. 28 message stated, "Although the internal review is still pending, DHS has taken an initial important step by ordering the suspension of AUO for the following categories of employees" (headquarters and training components). If the "internal review is still pending," then why would the agency suspend up to 25% of an impacted officer's pay?

In response to the ill-advised AUO pay suspension, the Federal Law Enforcement Officers Association (FLEOA) issued a press release in February, objecting to ICE's decision. In its release, FLEOA challenged the credibility of ICE's position as well as the timing of the directive. As I stated in the release, "The work performed by both headquarters personnel and training components is vital to the sustained operations and level of preparedness for DHS. By arbitrarily eliminating their AUO pay, DHS is giving itself two flat tires. Accountability isn't accomplished through the impetuous financial decapitation of law enforcement officers. It's accomplished by a professional examination of existing procedures, an analysis of current workloads and schedules, and a review of best practices by other agencies."

Regarding the timing of the ICE/DHS decision, how did the department somehow have an epiphany a day before the Senate's hearing that they weren't in compliance with the AUO statute? On Feb. 5, acting ICE director Sandweg (who had just stepped down at presstime) issued another message that said the decision was based on "extensive legal research," and "the existing AUO statutes and regulations do not meet (our) current operational needs and do not readily cover all of the mission critical work that (our) officers and agents perform." While this message contends AUO has been suspended due to a legal interpretation of the AUO statute, it makes no mention of any abuses or unwarranted issuance of premium pay. It is important to note that the Office of Special Counsel's report did not question the need for legitimate issuance of AUO, but rather the "abuse" of it.

AUO is codified under Title 5, United States Code sub-section 5545(c)(2), and is further addressed under 5 C.F.R. sub-section 550.151. Under the statute, there is nothing that states law enforcement headquarters and training personnel are ineligible to receive AUO. Clearly, the motivation of ICE/DHS and the timing of this decision is suspect.

I recognize the importance of the findings in the report released by the Office of Special Counsel, and FLEOA doesn't advocate for the indiscriminate issuance of AUO. However, DHS should have implemented better oversight on the AUO process rather than cowering to Congress and eliminating pay from the impacted groups. This is an oversight problem, not a legal one.

Ad Loading...

One additional area of concern was DHS's failure to engage law enforcement stakeholder groups prior to announcing its rash decision to curtail AUO. In the ICE acting director's AUO message, he alludes to working with "labor relations partners" in the future. Unfortunately, that's as meaningful as offering to buy body armor for officers after you have fatally wounded them.

FLEOA respectfully asked DHS Secretary Jeh Johnson to rescind the suspension of AUO pending the results of a comprehensive review of the relevant factors. DHS headquarters and training personnel are taxpayers, too. Depriving them of one-quarter of their livelihoods without a due diligence review is unjust. I remain ready to work with DHS leadership to resolve this critical issue through a transparent process that is credible in its approach and methodology. We are not going to balance the budget and eliminate the deficit by starving the men and women who defend our homeland.

Jon Adler is the president of the Federal Law Enforcement Officers Association.

Subscribe to our newsletter

More Patrol

Bradenton, Florida, Police Department’s September 2026 Officers of the Month: Sergeant Andres Perez and Officers Rosey Bautista, Michael Wall, and Alexandra Fallacaro, pictured in uniform beside American flags.
Patrol•October 30, 2026

NLEOMF Honors September 2026 Officers of the Month

Four Bradenton Police Department officers were selected as the NLEOMF Officers of the Month for September 2026 for a nighttime water rescue.

Read More →
BLACKHAWK! Mini EDC multitools displayed in tan and black, showing open pliers, knives, and other tools alongside their folded configurations against a textured gray background with the BLACKHAWK! logo.
Patrol•October 29, 2026

Blackhawk Debuts Mini EDC Pocket Multi-Tool

The Blackhawk Mini EDC Pocket Multi-Tool stows easily in pants pockets thanks to a sturdy stainless steel pocket clip and incorporates several essential/emergency tools into a single, high-mobility unit.

Read More →
Team Wendy EXFIL Endurance ballistic helmet in olive green with tactical rails and chin strap, displayed alongside the Team Wendy logo and product headline against a textured black-and-gray background.
Patrol•October 23, 2026

Team Wendy Introduces the EXFIL Endurance Ballistic Helmet, Engineered to Reduce the Burden of Extended Wear

Team Wendy has launched its EXFIL Endurance, a new lightweight ballistic helmet engineered to deliver protection, comfort, and fit during demanding, extended operations.

Read More →
Ad Loading...
Collage featuring paramedics, firefighters, police officers, and emergency vehicles surrounding the First Responders Children’s Foundation logo, highlighting the organization’s support for families of first responders.
Patrol•October 22, 2026

The First Responders Children’s Foundation National First Responders Day Roll Call of Heroes Ceremony Returns to Times Square, NYC

First Responders Children’s Foundation (FRCF), in collaboration with T-Mobile, will host the Roll Call of Heroes ceremony in Times Square to commemorate National First Responders Day on Wednesday, Oct. 28. During the event, FRCF will present 18 Hero Awards.

Read More →
Streamlight promotional graphic showcasing four lighting products: TLR-3X, PolyTac 1X, ProTac Rail Mount 1L-X, and ProTac Rail Mount VIR Pro, displayed against an orange and black background with the Streamlight logo.
Patrol•October 22, 2026

Streamlight to Showcase Newest Lighting Products for Law Enforcement Professionals at IACP 2026

Streamlight will showcase its newest lights for law enforcement at the International Association of Chiefs of Police Annual Conference & Expo. Featured lights will include the TLR-3 X, the PolyTac 1X, and more.

Read More →
Streamlight Portable Scene Light III featuring a tripod-mounted LED work light and close-up product view, with a badge recognizing it as the 2026 OH&S New Product of the Year winner.
Patrol•October 15, 2026

Streamlight Portable Scene Light III Wins 2026 OH&S New Product of the Year Award

Streamlight’s Portable Scene Light III has won the 2026 Occupational Health & Safety (OH&S) New Product of the Year Award in the Lighting category.

Read More →
Ad Loading...
Hands insert an Adept Armor protective plate into a camouflage tactical plate carrier, demonstrating how the armor plate fits inside the vest.
Patrol•September 17, 2026

Adept Armor Introduces Two New Rifle Plates

Adept Armor has launched two new Level IV ballistic plates, the Emperor and the Archon Mark 2, which brings Adept Armor’s new Quatroid ceramic to the high-threat, performance-value center of the range at 5.2 pounds.

Read More →
Open Benchmade folding knife with a bronze-colored blade, textured dark handle, and braided lanyard resting on weathered wooden boards.
Patrol•by Wayne Parham•September 17, 2026

POLICE Product Test: Benchmade Bailout

The Benchmade Bailout is a slim, lightweight carry knife with a deep-ride pocket clip and comes in a variety of blade steels and scales. Here is a detailed review of the Taiga Green Bailout, released earlier this year.

Read More →
Officer of the Month graphic honoring Deputy Lorne Juday of the Osceola County, Michigan, Sheriff’s Office for July 2026, featuring a portrait of Juday in uniform.
Patrol•September 17, 2026

NLEOMF Announces July 2026 Officer of the Month

NLEOMF honored a Michigan deputy sheriff as the July 2026 Officer of the Month for rescuing a trapped driver from a burning vehicle following a Fourth of July crash.

Read More →
Ad Loading...
Streamlight promotional graphic featuring the LiteBox 1 Million handheld light and Portable Scene Light III, highlighting products displayed for the 2026 National Safety Council Safety Congress & Expo in Indianapolis, Sept. 14–16.
Patrol•September 10, 2026

Streamlight to Showcase Newest Lighting Products at National Safety Council’s Safety Congress & Expo 2026

Streamlight will showcase its latest lights, including the Portable Scene Light III and the LiteBox 1Million, at the 2026 National Safety Council (NSC) Safety Congress & Expo.

Read More →