Government officials had argued that dismantling USAID fit within the president’s authority to conduct foreign affairs.
A federal judge said on March 18 that Elon Musk and his Department of Government Efficiency (DOGE) team likely violated the U.S. Constitution by moving to dismantle the U.S. Agency for International Development (USAID).
Closing the USAID headquarters, laying off the overwhelming majority of the USAID workforce, and terminating most of the agency’s contracts violate the separation of powers established by the Constitution, because Congress outlined specific requirements for significant actions related to USAID and Musk and other officials have not complied with the requirements, U.S. District Judge Theodore Chuang said in an opinion.
Government officials had argued that dismantling USAID fit within the president’s authority to conduct foreign affairs, as outlined in Article II of the Constitution.
Chuang said, however, that the actions at issue “relate largely to the structure of and resources made available to a federal agency, not to the direct conduct of foreign policy or engagement with foreign governments.”
He ordered Musk and DOGE to reinstate access for USAID workers and contractors to USAID systems and not to take any further action relating to placing employees on leave, firing workers, or terminating contracts.
The preliminary injunction will be repealed if within 14 days the defendants secure a signed ratification of the decision to close the offices from the acting administrator of USAID or another official “with the authority to do so on behalf of USAID.”
The federal government can appeal the injunction.
The White House did not respond to a request for comment.
The Trump administration have in recent weeks fired or placed on leave most USAID employees, terminated 83 percent of USAID contracts, and closed USAID headquarters, which customs and border patrol employees have since taken over.
Upon his return to the White House, Trump in executive orders established DOGE within his office and ordered agencies to work with the department to improve efficiency and reduce waste.
Trump has said Musk is leading DOGE, while government officials say Amy Gleason, DOGE’s administrator, is the head of the department and that Musk is a presidential adviser.
