A federal judge on Tuesday blocked Elon Musk‘s Department of Government Efficiency from firing any more USAID employees or terminating USAID contracts, writing that efforts to speedily shut down the aid organization were likely unconstitutional.
The Trump administration’s shutdown efforts “likely violated the United States Constitution in multiple ways,” wrote Judge Theodore D. Chuang.
Chuang wrote that the accelerated process “deprived the public’s elected representatives in Congress of their constitutional authority to decide whether, when, and how to close down an agency” authorized by Congress.
Since President Donald Trump took office and established the Department of Government Efficiency on Jan. 20, almost all of USAID’s workers have been placed on administrative leave and up to 50% of its employees have been terminated, according to Chuang’s ruling.
Chuang issued a preliminary injunction blocking Musk and DOGE from taking various steps while he continues to consider the case before issuing a final ruling. In addition to barring the Tesla CEO and his government department from firing more employees, Chuang ordered them to reinstate access to email and payment systems for all current USAID employees.
Musk and DOGE are also prohibited from disclosing information from any current or former employee’s personnel or security clearance file, from closing USAID buildings, and from permanently deleting USAID website content.
The lawsuit was brought by 26 former and current USAID employees and contractors, who argued that Musk and DOGE were responsible for the shutdown activity at the agency.
The White House didn’t immediately respond to a request for comment.
Chuang described a host of ways in which Musk and DOGE appeared to be speedily moving to shut down USAID.
In addition to the terminations and suspensions in recent weeks, plaques with the agency’s official seal were removed from its offices, and the agency’s website was shut down.
Chuang noted that DOGE team members went to USAID headquarters around Jan. 27 to access the agency’s financial and personnel systems.
On Feb. 3, Musk said in a live broadcast on his X social media platform that he and others were “in the process” of “shutting down USAID,” according to Chuang’s opinion. Musk claimed the organization had supported “radically left causes throughout the world” and was “beyond repair.”
While Musk was hosting that event, a DOGE team member emailed all USAID staff to say the organization’s headquarters would be closed that day. More than 2,000 USAID employees were put on administrative leave that day and the next.
Trump stated in his March 4 address to Congress that DOGE “is headed by Elon Musk.”
“Notably, USAID officials who refused to comply with Musk’s demands to give DOGE Team Members access to USAID secured facilities and computer systems were subsequently placed on administrative leave,” Chuang wrote.
Chuang determined that it’s likely Musk has exercised significant authority without being confirmed to his role by Congress and without Congress granting Trump authority to appoint Musk without confirmation. That runs afoul the Constitution’s Appointments Clause, according to the opinion.
The current evidence “favors the conclusion that contrary to (Musk and DOGE’s) sweeping claims that Musk has acted only as an advisor, Musk made the decisions to shutdown USAID’s headquarters and website even though he ‘lacked the authority to make that decision,'” Chuang wrote.
Chuang also concluded that Musk and DOGE needed to be given authority for their actions either by Congress or the Constitution – and that they hadn’t gotten authority from either of those sources.
Congress hasn’t passed a law authorizing the executive branch to shut down USAID, Chuang noted. In its most recent funding for USAID, Congress said the funds couldn’t be used to implement a reorganization or redesign without the agency head consulting certain congressional committees in advance.
Musk and DOGE “likely lack congressional authorization” not only to abolish the agency, but even to take the specific steps towards abolition that they have already pursued, Chuang concluded.
Trump told Laura Ingraham of Fox News on Tuesday the administration will try to get the decision overturned.
“We will be appealing it,” Trump said. “We have rogue judges that are destroying this country.”
Trump said the judge should have scrutinized where USAID’s money was spent.
“In many cases they’re just grandstanders,” Trump said of Chuang. “You know what he should do: look at where the money went.”
“It’s a whole, big scam,” Trump said of USAID. “A judge like that is very bad for this country.”
(This story has been updated with additional information.)
Contributing: Bart Jansen
