Lawmakers, legal experts warn shuttering USAID is unconstitutional
Lawmakers and legal experts are warning the Trump administration’s efforts to shutter the government’s foreign assistance agency is unconstitutional and is likely to face challenges in court.
Over the weekend, agents of the so-called Department of Government Efficiency (DOGE) entered the U.S. Agency for International Development (USAID) facility. Staff started getting shut out of internal systems Sunday and were told not to come into the headquarters at the Ronald Reagan Building on Monday.
Tesla and SpaceX CEO Elon Musk, who leads DOGE, said his team took a “wood chipper” to USAID over the weekend. He has for days railed against USAID on his social media platform X and levied accusations of corruption against the independent agency that has provided humanitarian and development assistance to countries around the world for more than 60 years.
“We don't have a fourth branch of government called Elon Musk, and that's going to become real clear," said Rep. Jamie Raskin (D-Md.) at a press conference with other Democratic lawmakers outside USAID headquarters. “This illegal, unconstitutional interference with congressional power is threatening lives all over the world.”
During an event hosted on X early Monday morning, Musk said that USAID is a “ball of worms” that is “beyond repair,” and that the president agreed to shut it down. Secretary of State Marco Rubio said Monday that he had taken over as acting administrator of USAID amid speculation that Trump may try to merge the stripped-down agency into the State Department.
But while Trump may be able to make changes on the margins, as he has with his ban on diversity, equity and inclusion initiatives across the federal government, lawmakers and legal experts argue that neither the president nor his agents can unilaterally do away with the agency.
“Musk, and perhaps Congress, need to recognize that this isn’t the same as a corporate takeover of another business. Since USAID is an independent agency, only an act of Congress can abolish it. Even shutting down the agency, but just leaving it on the books, should trigger legal challenges,” said James DeSimone, an employment and civil rights attorney at V. James DeSimone Law.
Critics have said that since President John F. Kennedy created USAID using an executive order in 1961, President Trump can do away with it via executive order. But that’s not the full story.
Congress later passed a law, the Foreign Affairs Reform and Restructuring Act of 1998, codifying USAID as an independent agency, according to an analysis published Monday by the Congressional Research Service.
DeSimone also said career civil service employees are not the same as political appointees, who serve at the pleasure of the president and may be asked to resign or be dismissed at any time.
“They have due process rights and legal protections designed to prevent such unlawful political retaliation," DeSimone said. “And you cannot just put thousands of these people on leave without following federal regulations and providing notice. How long would they be on leave? Because long-term paid leave, without an end, is the same as illegal termination. Litigation is inevitable, even if Congress acts.”
Even personal services contractors, who are employed by USAID but don’t enjoy the legal protections of direct hires, have backstops built into their contracts. One USAID employee told The Hill that their contract requires 15 days of notice and a reason for terminating the contract.
Trump pushed back Monday on the argument that only an act of Congress action could dismantle USAID.
“I don’t think so. Not when it comes to fraud. If there’s fraud. Those people are lunatics. And, if it comes to fraud you wouldn’t have an act of Congress, and I’m not sure you would anyway,” Trump said.
While USAID is not a perfect organization, experts told The Hill that the attacks levied by Musk and Trump against the agency were inaccurate.
“What I will say is that it's not that the U.S. assistance regime is perfect. I actually think claims that it's very corrupt are wrong, there's a lot of evidence pointing to very low rates of corruption in U.S. assistance, but there are definitely things that could be done more efficiently,” said Charles Kenny, a senior fellow at the Center for Global Development.
Two other Center for Global Development fellows, Justin Sandefur and Rachel Bonnifield, also debunked one of Musk’s claims that only 10 percent of USAID money reaches its intended beneficiaries.
“This is a wildly incorrect and misleading interpretation of a different statistic — that 10 percent of USAID payments are made directly to organizations in the developing world. The remaining 90 percent includes all the goods and services that USAID, American companies, and faith-based organizations deliver in kind, from HIV drugs to emergency food aid, malaria bed nets, and treatment for acute malnutrition,” the fellows said in their analysis.
“And it is absolutely crucial to debunk this false claim because it is being used as part of the pretext to (illegally) dissolve USAID in its entirety.”
-
Why shutting down USAID could have major impacts on Gaza aid, organizations warn
The Trump administration's efforts to shut down USAID could impact humanitarian efforts in Gaza and abroad, international aid organizations are warning.ABC News - 3h -
USAID worker-turned-lawmaker: 'This is no way to govern'
Sen. Andy Kim (D-N.J.), a former U.S. Agency for International Development (USAID) employee, was among a chorus of Democrats on Monday blasting the turmoil surrounding the agency. “You have ...The Hill - 3h -
What is USAID and why is Trump reportedly poised to close it?
The US aid agency spends billions around the world on humanitarian support - but its future is in doubt.BBC News - 3h -
Health Programs Shutter Around the World After Trump Pauses Foreign Aid
Lifesaving treatment and prevention programs for tuberculosis, malaria, H.I.V. and other diseases cannot access funds to continue work.The New York Times - 1d -
5 takeaways on Musk, Trump war with USAID
President Trump and billionaire tech entrepreneur Elon Musk have moved to shut down the U.S. Agency for International Development (USAID), which spent some $30 billion last year on humanitarian, ...The Hill - 3h -
Rubio notifies Congress of potential USAID 'reorganization'
Secretary of State Marco Rubio notified Congress on Monday that there could potentially be a reorganiztion of the U.S. Agency for International Development (USAID), as the separate agency appears ...The Hill - 3h -
What is USAID and how did it become a political firestorm?
Learn more about what USAID is and how it works after Department of Government Efficiency leader Musk says he and Trump are hoping to shut down the federal agency.NBC News - 5h -
Democrats blocked from entering USAID headquarters
A group of Senate and House Democrats were blocked from entering the headquarters of the U.S. Agency for International Development (USAID) on Monday. The Democratic lawmakers, who are opposed to ...The Hill - 6h -
Trump considers merging USAID into US State Department
The international aid agency's website is down and security officials were put on leave, US media reports.BBC News - 7h -
Rubio says he is the acting head of USAID
Secretary of State Marco Rubio told reporter traveling in El Salvador with him that he is the acting administrator of the U.S. Agency for International Development and voiced his concerns about the ...NBC News - 8h -
USAID to merge into State Department with major budget cuts
The U.S. Agency for International Development will be folded into the State Department, sources tell CBS News. CBS News senior White House reporter Jennifer Jacobs has the latest.CBS News - 9h -
What to know about Trump, Musk and USAID
Staffers at the U.S. Agency for International Development, also known as USAID, were told to stay home Monday and billionaire Trump adviser Elon Musk says the agency is on the verge of being shut ...CBS News - 10h -
Musk says administration is on verge of shutting down USAID
Elon Musk, the administration's billionaire adviser and Tesla CEO, says the administration is on the verge of shutting the U.S. Agency for International Development.CBS News - 10h -
Musk: Trump 'agreed' USAID should be shut down
Tech billionaire Elon Musk said early Monday that President Trump has “agreed” to shut down the U.S. Agency for International Development (USAID), which administers billions of dollars of ...The Hill - 13h -
Musk calls USAID a 'criminal organization' that should 'die'
Tech billionaire Elon Musk said he believes the U.S. Agency for International Development (USAID) is a “criminal organization” that should “die.” “USAID is a criminal organization. Time for it to ...The Hill - 1d -
Future of USAID uncertain
Sources tell NBC News that more than a thousand civil workers and contractors with USAID have been placed on leave as the agency has become a target of Elon Musk and his Department of Government ...NBC News - 1d -
Immigrant advocacy groups file lawsuit after legal orientation programs are shuttered
A group of immigrant advocacy centers has filed suit against the DOJ and the Department of Homeland Security for shutting down legal orientation programs for immigrants.ABC News - 3d -
Appeals court rules federal handgun sale ban for 18- to 20-year-olds is unconstitutional
A federal appeals court ruled that a federal law banning firearms stores from selling handguns to adults between 18 years old and 20 years old is unconstitutional. The 5th U.S. Circuit Court of ...The Hill - 3d -
Federal appeals court says banning gun sales to adults under 21 is unconstitutional
A U.S. appeals court on Thursday ruled against a federal law requiring young adults to be 21 to buy handguns, finding it violated the Second Amendment.NBC News - 4d -
Trump funding freeze a blatant violation of Constitution, federal law: Legal experts
The Constitution, federal law and court decisions make it clear: President Donald Trump's order to pause federal funding is against the law, legal experts tell ABC News.ABC News - 6d -
IS fighters in Syria could break free amid Trump aid cut, terrorism expert warns
Prediction by ex M16 counter-terror director comes as security paused around two main detention facilities. Donald Trump has thrown into doubt the security and administration of the main two ...The Guardian - 6d -
Charities reeling from USAid freeze warn of ‘life or death’ effects
Abrupt order has done ‘serious damage’, say experts, with supply chains halted, HIV clinics struggling to source drugs and refugee camps facing loss of vital services. Clinics in Uganda are ...The Guardian - 6d -
Democratic lawmakers devising legal obstacles to fight anti-immigration push
California, New York and other states resist by expanding healthcare and education and limiting detention centers. As Donald Trump tightens the nation’s immigration policies, lawmakers in ...The Guardian - Jan. 26 -
Couple balances 15 credit cards with no debt—it's helped them save nearly $500,000, but expert warns the strategy 'isn't for everyone'
A military couple uses 15 credit cards to maximizes rewards while carefully avoiding debt by never carrying a balance.CNBC - Jan. 25 -
Birthright citizenship explained: Legal experts weigh in on recent controversy
NBC News' Zinhle Essamuah speaks with legal experts on the history of birthright citizenship outlined in the 14th Amendment of the U.S. Constitution.NBC News - Jan. 24 -
‘Chaos agent’ Trump revives California water wars as experts warn of turmoil
President claims to be ‘putting people over fish’ but critics say order could derail years of carefully crafted water policy. It didn’t take long for Donald Trump to reignite the California water ...The Guardian - Jan. 23 -
Judge calls Trump's birthright citizenship executive order "blatantly unconstitutional"
The federal judge who heard arguments over President Trump's birthright citizenship executive order slammed its merits and temporarily blocked it. CBS News' Olivia Rinaldi has more on the legal ...CBS News - Jan. 23 -
Trump's definition of 'male,' 'female' criticized by medical and legal experts
President Trump issued an executive order declaring that the U.S. government would only recognize a person’s sex assigned at birth.ABC News - Jan. 23 -
Cyber defense experts share warnings at hearing
Presented by Lockheed Martin — It comes after Chinese-linked company compromised the U.S. telecommunication network. {beacon} Defense &National Security Defense &National Security The Big Story ...The Hill - Jan. 22 -
Lawmakers react to Trump's executive orders
Lawmakers on Capitol Hill are responding to President Trump's executive orders signed on Day 1 of his second term in the White House. The actions include measures on immigration and birthright ...CBS News - Jan. 21 -
Former Trump aides are warning newbies: Buy legal insurance or risk a hefty bill
As Republicans gear up for new jobs in the second Trump administration, people who worked for President-elect Donald Trump the first time around are dispensing advice about a must-buy item for ...NBC News - Jan. 18 -
FBI shuttered DEI office last month
The FBI shuttered its diversity, equity and inclusion (DEI) office last month, according to the law enforcement agency. “In recent weeks, the FBI took steps to close the Office of Diversity and ...The Hill - Jan. 16 -
‘Just the start’: X’s new AI software driving online racist abuse, experts warn
Amid reports of creation of fake racist images, Signify warns problem will get ‘so much worse’ over the next year. A rise in online racism driven by fake images is “just the start of a coming ...The Guardian - Jan. 13 -
LA fires a warning for major sports events, experts say
The devastating fires in Los Angeles come before the city hosts the Olympics and World Cup over the next few years.BBC News - Jan. 13 -
Kenya court rules that criminalising attempted suicide is unconstitutional
The judgment has been welcomed as an important shift in perceptions by human rights and mental health groups. A Kenyan judge has declared as unconstitutional sections of the country’s laws that ...The Guardian - Jan. 10 -
Lawmakers play the market
Welcome to The Hill's Business & Economy newsletter {beacon} Business & Economy Business & Economy The Big Story Dozens of lawmakers beat stock market: report More than two dozen lawmakers once ...The Hill - Jan. 8 -
Consumers could face price rises of 20% in 2025, trade experts warn
Global instability and possibility of Trump administration imposing tariffs may disrupt flow of goods . The price of household staples including food and drink could climb by as much as 20% in 2025 ...The Guardian - Jan. 7 -
DOGE is unconstitutional
Bizarrely, most people seem to be pretending that this is normal.The Hill - Jan. 7 -
Legal cannabis may be boosted by alcohol warning from surgeon general: analyst
An Alliance Global Partners analyst sees opportunities for big consumer packaged goods or alcohol companies to wade into the pot space.MarketWatch - Jan. 7
More from The Hill
-
Senate tees up final vote on Pam Bondi AG nomination
The Senate on Monday teed up a final vote on Pam Bondi's nomination to lead the Justice Department. The chamber voted 52-46 to limit debate. Absent an agreement with Democrats, that puts a final ...The Hill - 1h -
Peter Navarro accuses tariff critics of ‘dishonoring’ those who have died from fentanyl overdose
Peter Navarro, a senior trade aide to President Trump, said those who are critical of the president’s tariffs are “dishonoring” the people who have died from fentanyl overdose. Navarro joined Fox ...The Hill - 1h -
Trump's new TikTok plan
Welcome to The Hill's Technology newsletter {beacon} Technology Technology The Big Story Trump floats new way to buy TikTok, save app from ban President Trump signed an executive order Monday ...The Hill - 1h -
Hegseth vows to surge manpower, resources to US southern border
Welcome to The Hill's Defense & NatSec newsletter {beacon} Defense &National Security Defense &National Security The Big Story Hegseth vows to surge manpower, resources to southern border ...The Hill - 2h -
Duffy tells DOT to prioritize areas with high birth rates
Transportation Secretary Sean Duffy in a memo told the Department of Transportation (DOT) to prioritize communities that have higher birth and marriage rates. "To the maximum extent permitted by ...The Hill - 2h
More in Politics
-
Trump moves to develop sovereign wealth fund to 'create value for American citizens'
President Donald Trump said Monday he would create a sovereign wealth fund, a pool of assets like those that exist in other countries that can help pay out regular funds to ordinary citizens.NBC News - 26m -
Who is Susie Wiles, Trump’s chief of staff?
President Trump's Chief of Staff Susie Wiles is the first woman to ever hold the crucial White House post. Wiles was Trump’s co-campaign manager during his 2024 bid to regain the presidency. Before ...NBC News - 28m -
Senate tees up final vote on Pam Bondi AG nomination
The Senate on Monday teed up a final vote on Pam Bondi's nomination to lead the Justice Department. The chamber voted 52-46 to limit debate. Absent an agreement with Democrats, that puts a final ...The Hill - 1h -
Peter Navarro accuses tariff critics of ‘dishonoring’ those who have died from fentanyl overdose
Peter Navarro, a senior trade aide to President Trump, said those who are critical of the president’s tariffs are “dishonoring” the people who have died from fentanyl overdose. Navarro joined Fox ...The Hill - 1h -
Trump's new TikTok plan
Welcome to The Hill's Technology newsletter {beacon} Technology Technology The Big Story Trump floats new way to buy TikTok, save app from ban President Trump signed an executive order Monday ...The Hill - 1h