It’s unclear if Trump has the authority to extend unemployment benefits by executive measures while side-stepping Congress.
President Donald Trump signed an executive order and issued three memorandums Saturday, including one that will provide an additional $400 per week in unemployment benefits to millions of out-of-work Americans following the economic fallout from the coronavirus pandemic.
More: Trump signs executive actions enacting $400 unemployment benefit, payroll tax cut after coronavirus stimulus talks stall States may pay for their portion of the benefits by using money provided to them under a coronavirus-relief package passed earlier this year, the executive action says.“It’s such a gamble. No one has ever seen anything like this,” says Indivar Dutta-Gupta, co-executive director at the Georgetown Center on Poverty & Inequality. “You can’t pay unemployment benefits under the Stafford Act unless a person isn’t eligible for any other jobless benefits. They’re running into legal problems.
An unemployment recipient would have to collect at least $100 in weekly benefits to get the additional funds, according to Evermore, making it unclear how many unemployed Americans would actually receive the full $400 benefit. States can’t use their current unemployment insurance infrastructure to pay a benefit that isn’t authorized by Congress, says Evermore. The language in the memorandum says that these benefits must be paid “in conjunction with the state's unemployment insurance system,” which means that states will have to set up a new way to add these payments to existing benefits, she added.
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