A US federal judge ruled that the Department of Government Efficiency (DOGE) likely violated the Constitution when it attempted to shut down the US Agency for International Development (USAID) and it ordered DOGE to cease further action against the agency.
US District Judge Theodore Chuang in Maryland, in a preliminary ruling, ordered President Donald Trump's adviser Elon Musk and the agency he leads to restore access to USAID's computer systems for its direct and contract employees -- including thousands who had been placed on leave in late February.
The ruling was in response to a suit filed by current and former USAID employees who claimed Musk and DOGE had no authority to close down the congressionally mandated entity, created in 1961.
SEE ALSO: Trump Praises Musk For Work Cutting Government Waste"Today’s decision is an important victory against Elon Musk and his DOGE attack on USAID, the US government, and the Constitution,” said Norm Eisen, head of the State Democracy Defenders Fund and a lawyer representing the 26 anonymous plaintiffs in the suit.
The White House blasted the court decision.
"Rogue judges are subverting the will of the American people in their attempts to stop President Trump from carrying out his agenda," spokeswoman Anna Kelly said.
"The Trump administration will appeal this miscarriage of justice and fight back against all activist judges intruding on the separation of powers."
In comments to Fox News, Trump confirmed that he plans to appeal the ruling.
Chuang said there was evidence that Musk exercised significant authority legally reserved for an organization's officer while serving in a continuing government position.
The White House contends that Musk was not in a government position but only serving as an adviser to Trump.
Chuang also found that Musk and DOGE lacked authorization by Congress to take steps toward dismantling the agency.
"There is no statute that authorizes the Executive Branch to shut down USAID," he wrote
USAID is the primary US government agency responsible for administering civilian foreign aid and development assistance. It operates in more than 100 countries, distributing billions of dollars in foreign aid annually, and employs about 10,000 people around the globe.
The Trump administration has criticized USAID programs as inefficient and misaligned with U.S. interests, arguing that some of the agency’s functions could be handled by the State Department. Critics also contend that certain social and cultural programs funded by USAID do not align with its core mission.
SEE ALSO: Ukraine Feels The Shockwaves As USAID Cuts Start To BiteSince 2022, USAID has provided Ukraine with billions of dollars in humanitarian aid, development assistance, and direct budget support. Ukraine's crucial agriculture sector has been a key beneficiary. USAID said that, since 2022, it helped a third of Ukrainian farmers and provided them with seeds, fertilizer, and financing.
Democratic members of Congress have challenged the Trump administration's attempt to fold USAID into the State Department, a move that calls into question funding for aid programs around the world, including billions of dollars in development aid to Ukraine.
A recent report from the Congressional Research Service (CRS) said USAID in fiscal year 2023 managed more than $40 billion in combined appropriations to support projects in around 130 countries. The top three recipients of aid were Ukraine, Ethiopia, and Jordan. Afghanistan is also one of the top 10 recipients of USAID funding.