Elon Musk and DOGE efforts to close USAID likely unconstitutional, agency must be restored, judge rules

A federal judge ordered the government to reinstate U.S. Agency for International Development systems on Tuesday, ruling that the accelerated shutdown of the agency led by Elon Musk “likely violated the United States Constitution in multiple ways.”

U.S. District Judge Theodore D. Chuang ordered Musk’s Department of Government Efficiency to reinstate access to email, payment, security notification and other electronic systems for all USAID employees and contractors. He also ordered the department to provide written confirmation of compliance to the court within seven days.

“The court will require Defendants, within 14 days, to secure and submit a written agreement among all necessary parties that ensures that USAID will be able to reoccupy USAID headquarters at its original location, in the event of a final ruling in favor of Plaintiffs,” the order said.

He also ordered DOGE and Musk not to take any action regarding USAID without the express authorization of a USAID official with legal authority to do so. Chuang wrote that the limitation was warranted as it appeared DOGE and Musk appeared “to have been primarily responsible for the rush to shut down USAID.”

“DOGE has taken numerous actions without any apparent advanced approval by agency leadership,” Chuang said.

Musk commented on an X post that was critical of the news, suggesting it was a partisan ruling by a Democrat-appointed judge, writing “indeed.”

The order states that the parties cannot terminate employees, place them on leave, close USAID buildings or terminate service contracts.

Musk, a tech billionaire and adviser to President Donald Trump, was placed in charge of DOGE by Trump after his inauguration in January. Weeks later, he announced in a post on X that they planned to shut down USAID.

Employees were placed on leave and ordered to stop work on projects across the world, leaving some government employees abandoned in foreign countries.

Nick Enrich, former acting assistant administrator for global health at USAID, said in a memo last month that the decision would no doubt cause “preventable death.”

“All or nearly all of the awards needed to implement lifesaving humanitarian assistance were terminated on or before Feb 27th,” the memo obtained by NBC News said. “The number of deaths attributable to the loss of USAID funding and support is not known at this time.”

Enrich was placed on leave days after the memo was sent.

On Monday, 22 former national security officials filed a “friend of the court” brief in a different court case on behalf of the national interest benefits to USAID funding. They wrote that “cancelling contracts en masse destroys American credibility.”

“Defendants’ sweeping actions have created vacuums of need all around the world, ceding influence and permitting China and Russia to seize those opportunities left behind,” the brief said.