A former government official, who claims she was wrongly accused of unlawfully sending money to New York City for luxury hotel bookings for undocumented migrants — and subsequently ridiculed and terminated — disclosed on Thursday that just days prior, a member of the Elon Musk-led Department of Government Efficiency (DOGE) instructed her to make the payments.
Mary Comans, the chief financial officer at the Federal Emergency Management Agency (FEMA), filed a lawsuit against FEMA and the Department of Homeland Security (DHS) on Tuesday.
“I was unlawfully fired by the Trump administration for performing my duties, for doing precisely what I was directed to do by the political appointees at the Department of Homeland Security and at DOGE,” she told CBS News in an interview on Thursday. “They instructed me to proceed with these actions, to authorize these payments, and then they terminated my employment.”
A spokesperson from DHS did not provide a comment, nor did Brad Smith, the DOGE official Comans alleges she engaged with.
The lawsuit contends that she was “illegally terminated” from her role “without cause or the due process mandated by law and the Constitution.” As chief financial officer, Comans held a position in the “senior executive service,” which is the highest tier for civil servants.
The lawsuit further claims that DHS and FEMA publicly revealed information about her termination that was protected under the Privacy Act and that she suffered defamation due to the false representation of her actions. At the time of her dismissal, Comans says the agency misleadingly suggested in a press release that she was a “deep state activist.”
Comans joined DHS in 2004, motivated to serve following the 9/11 terrorist attacks. She describes herself as “apolitical,” having served under both Republican and Democratic administrations, often responding to natural disasters to manage the federal government’s efforts.
“My role is to serve the administration elected by the American people,” she stated.
She had been serving as FEMA’s chief financial officer since 2017 before she was abruptly let go on February 11. During President Trump’s initial days back in office, Comans recounted that FEMA’s executive leadership team was rapidly processing executive orders as swiftly as Trump could sign them and “were implementing them exactly as expected.”
One of the orders Comans executed mandated DHS, and consequently FEMA, to halt funding to nongovernmental organizations that assist undocumented immigrants. Ongoing payments stemmed from a $650 million program established by Congress through Customs and Border Protection (CBP) meant to reimburse cities for housing and sheltering migrants awaiting court proceedings after entering the country unlawfully. FEMA managed payments from this immigration program, which was distinct from the billions allocated for disaster relief.
On February 5, Comans reported that she and her team met with Smith, one of Elon Musk’s close associates managing DOGE’s operations at DHS. According to Comans, Smith directed them to maintain the flow of funds from the CBP program.
Comans stated it was “quite clear” from her discussion with Smith “that FEMA was acting correctly by continuing” the payments.
“We also received written guidance from FEMA’s acting general counsel indicating that payments to state and local entities needed to persist in the normal course of operations,” she explained.
Notwithstanding those reassurances from Smith, on February 10, Musk posted on X that DOGE “just discovered that FEMA sent $59M LAST WEEK to luxury hotels in New York City to house illegal migrants. This action breached the law and grossly defied the President’s executive order.”
Later that day, upon arriving at work, Comans recounted meeting with her superior, acting FEMA Administrator Cameron Hamilton. She noted that Hamilton was equally taken aback by Musk’s tweet, assuring her she had done nothing wrong. Comans then drafted a report that CBS News reviewed, documenting her discussions with DOGE.
“I informed him that I would compile an after-action report detailing each conversation, the dates, and the actions FEMA took to demonstrate that we were operating under the guidelines provided by the Trump administration,” Comans remarked. “He expressed his gratitude, embraced me, and reassured me that no one at FEMA would be terminated for these payments.”
Comans mentioned she had another conversation with Hamilton later that night to inform him that the funds had been recouped.
“I told him that I had successfully reversed the payment, and the funds were currently on their way back to the Treasury,” she recounted.
The following morning, on February 11, Comans said a colleague entered her office to inform her that she had been terminated, effective immediately.
“Unfortunately, my colleague couldn’t provide any explanations,” Comans stated.
Her name went viral that morning when conservative broadcaster Benny Johnson posted on X claiming Comans was “fired for illegally funding migrant luxury hotels in NYC against the orders of President Trump.” The post was subsequently shared by other right-wing accounts.
Shortly after, DHS sent out a press release regarding the terminations.
“Effective immediately, FEMA is terminating the employment of four individuals for bypassing leadership to unilaterally make outrageous payments for luxury NYC hotels for migrants. Terminations include FEMA’s Chief Financial Officer, two program analysts, and a grant specialist,” the release stated. “Under the leadership of President Trump and Secretary Noem, DHS will not passively allow deep state activists to undermine the will and safety of the American people.”
Musk also shared a post about Comans, asserting that her actions were “criminal.”
Comans expressed her feelings of betrayal by both the department and agency, stating, “They have permitted Mr. Musk and others to slander my name and defame me.”
“The department has remained passive and, in some respects, has joined the chorus with untrue statements regarding me,” she asserted.
Comans aims to clear her name and seek compensation for the harm she claims has been inflicted. She would also welcome the opportunity to regain her job if possible.
“I don’t know that you can place a value on it,” she remarked. “To me, the primary objective is clearing my name.”
