USAID shutdown effort 'likely' unconstitutional: judge

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 created by Congress."

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.

What did Musk and DOGE do?

Chuang described a host of ways in which Musk and DOGE appeared to be speedily moving to shut down USAID.

Thousands of employees have been placed on administrative leave since President Donald Trump took office and established DOGE on Jan. 20, Chuang wrote. 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 aid 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.

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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.