Federal Workers Sue Trump Over USAID: 'Unconstitutional and Illegal'

Two government workers unions on Thursday filed suit against the Trump administration over its barrage on the U.S. Agency for International Development (USAID).

Newsweek reached out to the White House for comment via email Thursday night.

The Context

The lawsuit on Thursday marked the latest in a series of legal actions that federal workers have filed against the Trump administration over a host of issues, including President Donald Trump's executive orders, the Department of Government Efficiency's (DOGE's) access to sensitive payment and employee systems, and the White House's offer of deferred resignations to more than 2 million government employees.

The American Foreign Service Association and American Federation of Government Employees filed Thursday's suit over USAID. It named Trump, Secretary of State Marco Rubio, the State Department, USAID and the U.S. Treasury Department as defendants.

What To Know

The suit was filed shortly after the Trump administration proposed a plan to drastically cut USAID staff across the globe, which would leave the agency with less than 300 workers, compared to the thousands it had before Trump took office. USAID is responsible for distributing billions of dollars in foreign assistance to war-torn countries and populations facing poverty and disease.

The plaintiffs in the lawsuit described Trump and his administration's actions as "unconstitutional and illegal," adding that they have "systematically dismantled" USAID.

"These actions have generated a global humanitarian crisis by abruptly halting the crucial work of USAID employees, grantees, and contractors," the court filing said. "They have cost thousands of American jobs. And they have imperiled U.S. national security interests."

The Trump administration and Elon Musk's DOGE have trained their sights on USAID since the day Trump took office. Musk has publicly spoken about shutting down USAID entirely, recently describing it as a "ball of worms" that's broken "beyond repair."

Trump also signed an executive order on January 20 directing the government to freeze all foreign assistance for 90 days pending a review of the programs to ensure they aligned with "United States foreign policy."

The freeze hamstrung most USAID global programs, and the Associated Press reported that nearly all the agency's employees have since been furloughed or placed on administrative leave. The agency's headquarters were shut down earlier this month, and the few programs that remain are in the process of being moved under the State Department's umbrella. Trump named Rubio acting director of USAID.

The president's actions, announced without warning, stunned employees within USAID, some of whom were later locked out of the agency's systems while serving in active war zones.

Democratic lawmakers also sounded the alarm over Trump's orders, pointing out that the agency is congressionally authorized and cannot be shut down without an act of Congress.

Thursday's lawsuit highlighted that same argument, saying the consequences of the funding freeze and Trump's move to shut down the agency have already been "catastrophic."

"Not a single one of defendants' actions to dismantle USAID were taken pursuant to congressional authorization," the complaint said. "And pursuant to federal statute, Congress is the only entity that may lawfully dismantle the agency."

The plaintiffs are seeking a temporary restraining order to force the Trump administration to reverse its actions. The complaint cited "the severe ongoing harms suffered by plaintiffs and defendants' intent to inflict imminent future harm" in its request for the order, also saying that it should remain until the court can fully consider the issue.

What People Are Saying

Rubio told reporters Thursday that the U.S. will continue providing foreign aid, but with certain conditions: "It is going to be foreign aid that makes sense and is aligned with our national interests."

Samantha Power, who served as USAID administrator under the Biden administration, warned of the consequences of dismantling the agency in a New York Times opinion piece: "We are witnessing one of the worst and most costly foreign policy blunders in U.S. history. Less than three weeks into Donald Trump's second term, he, Elon Musk and Secretary of State Marco Rubio have halted the U.S. Agency for International Development's aid programs around the world."

"In so doing, they have imperiled millions of lives, thousands of American jobs and billions of dollars of investment in American small businesses and farms while severely undermining our national security and global influence — all while authoritarians and extremists celebrate their luck," Power wrote.

Former President Barack Obama shared Power's op-ed on X, writing: "USAID has been fighting disease, feeding children, and promoting goodwill around the world for six decades. As this article makes clear, dismantling this agency would be a profound foreign policy mistake - one that Congress should resist."

Atul Gawande, former head of Global Health at USAID, wrote on X: "Rubio claims that @USAID lifesaving assistance for health and humanitarian needs will continue. But his team just communicated that the entire agency will be imminently reduced from 14,000 to 294 people. Just 12 in Africa."

What Happens Next

The White House has not responded to Thursday's lawsuit, but it's likely the Trump administration will seek to have it dismissed. The administration is also grappling with more than a dozen other suits over the president's executive orders on everything from immigration and birthright citizenship to whether Trump has the right to unilaterally slash the federal workforce.

Donald Trump
President Donald Trump speaks to reporters in the Oval Office of the White House on February 3 in Washington, D.C. Anna Moneymaker/Getty Images

About the writer

Sonam Sheth is an Evening Politics Editor at Newsweek who is based in New York. She joined Newsweek in 2024 and previously worked at Business Insider and CNBC. Sonam has extensive experience covering national security, foreign policy, elections, and stories at the intersection of law and politics. Her work has been cited in The Washington Post, The Atlantic, Vanity Fair, and others. She has also frequently appeared on national television and radio, including MSNBC, NBC News, BBC World News, BBC News radio, and more. You can get in touch with Sonam at [email protected]. Languages: English, Hindi, and French.


Sonam Sheth is an Evening Politics Editor at Newsweek who is based in New York. She joined Newsweek in 2024 ... Read more