Judge rules DOGE's USAID dismantling likely violates the Constitution

Judge rules against DOGE

Photo: The Canadian Press

People rally on 14th St NW in support of fired USAID workers during a protest, Friday, Feb. 28, 2025, by the USAID headquarters in Washington. (AP Photo/Jacquelyn Martin)

A federal judge ruled Tuesday that the dismantling of the U.S. Agency for International Development likely violated the Constitution and blocked billionaire Elon Musk’s Department of Government Efficiency from further cuts to the agency.

U.S. District Judge Theodore Chuang in Maryland ordered the Trump administration to restore email and computer access to all employees of USAID, including those who were placed on administrative leave.

The lawsuit singled out Musk as a defendant covered by the preliminary injunction, arguing that he was wielding power the Constitution reserves only for those who win elections or are confirmed by the Senate.

The order comes in a lawsuit filed by attorneys for USAID employees and contractors.

Chuang said the evidence suggests that Musk made decisions to shut down USAID’s headquarters and website despite the administration’s claim that he was merely President Donald Trump's advisor. Musk’s public statements and social media posts demonstrate that he has “firm control over DOGE,” the judge concluded.

The judge acknowledged that it’s unlikely that USAID is no longer capable of performing some of its statutorily required functions.

“Taken together, these facts support the conclusion that USAID has been effectively eliminated,” Chuang wrote.

In February, the Trump administration placed all but a fraction of USAID’s worldwide staff on leave and notified at least 1,600 of its U.S.-based staffers they were being fired. The effort to gut the six-decade-old aid agency was part of a broader push to eradicate the foreign aid agency and most of its humanitarian and development programs abroad.

Trump on Inauguration Day issued an executive order directing a freeze of foreign assistance funding and a review of all U.S. aid and development work abroad. Trump charged that much of foreign assistance was wasteful and advanced a liberal agenda.

The White House and DOGE did not immediately respond to a request for comment.