Democratic National Committee v. Trump (D.D.C.)
Case No. 1:25-cv-00587 | Complaint | 2025-02-28 | Case Summary: On Feb. 18, 2025, President Trump issued an executive order asserting that the Constitution vests all executive authority in the President, arguing that independent regulatory agencies exercise executive functions, and declaring the administration’s policy that such agencies fall under the supervision and control of the President. Such supervision and control requires independent agencies to abide by the President and Attorney General’s interpretations of the law. Plaintiffs, three national committees of the Democratic Party, filed suit as to how the order applies to the Federal Election Commission, an independent regulatory agency. They ask the court under the judicial review provisions of the Federal Election Campaign Act (FECA) to construe as constitutional the provisions of the Act that vest members of the Commission with authority to interpret it (rather than the President); and they argue the order violates the FECA. They seek declaratory judgment that the FECA is constitutional and that the executive order is unlawful as applied to the FEC; and they seek preliminary and permanent injunctive relief. | 2025-02-
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| Immigration and Citizenship |
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| Executive Action: Birthright Citizenship (Executive Order 14160) |
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New Hampshire Indonesian Community Support v. Donald J. Trump (D.N.H.)
Case No. 1:25-cv-38 | Complaint | 2025-01-20 | Overview: An organization with noncitizen members whose unborn children stand to have their citizenship revoked under President Donald Trump’s Executive Order (“EO”) ending birthright citizenship sued Trump alleging the EO is unconstitutional. A federal court temporarily blocked the EO while the lawsuit is pending on the basis that it likely violates the Fourteenth Amendment.
Case Summary: Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants on the basis that people in the United States illegally are not “subject to the jurisdiction thereof.” The ACLU sued the Trump administration on behalf of individuals in New Hampshire who would have their childrens’ citizenship revoked. The ACLU argues that the plain text of the 14th Amendment, as confirmed in U.S. v. Wong Kim Ark (1898), explicitly grants birthright citizenship for all people born in the United States.
Update 1: On Feb. 10, 2025, Judge Joseph N. Laplante issued a preliminary injunction. | 2025-02-10 | O. Doe; Brazilian Worker Center, Inc; La Colaborativa v. Donald J. Trump et al (D. Mass.)
Case No. 1:25-cv-10135-LTS | Complaint | 2025-01-20 | Overview: A group of noncitizen pregnant women with Temporary Protected Status whose unborn children stand to have their citizenship revoked under President Donald Trump’s Executive Order (“EO”) ending birthright citizenship sued Trump alleging the EO is unconstitutional. A federal court temporarily blocked the EO while the lawsuit is pending on the basis that it likely violates the Fourteenth Amendment. Trump has appealed the court’s decision.
Case Summary: Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants on the basis that people in the United States illegally are not “subject to the jurisdiction thereof.” A group of pregnant women whose children would not receive citizenship sued; the plaintiff identified as “O. Doe” lives in Massachusetts and has temporary protected status in the United States. The suit argues that the plain text of the 14th Amendment, as confirmed in U.S. v. Wong Kim Ark (1898), explicitly grants birthright citizenship for all people born in the United States.
Update 1: On Feb. 13, Judge Leo T. Sorokin issued an opinion granting a preliminary injunction enjoining the government from implementing and enforcing Executive Order No. 14,160, “Protecting the Meaning and Value of American Citizenship,” against plaintiff O. Doe, or any member of La Colaborativa or Brazilian Worker Center.
Update 2: On Feb. 19, Defendants submitted a notice of appeal to the First Circuit. | 2025-02-19 | State of New Jersey et al v. Donald J. Trump et al (D. Mass.)
Case No. 1:25-cv-10139 | Complaint | 2025-01-21 | Overview: A broad coalition of states sued President Donald Trump alleging his Executive Order (“EO”) revoking birthright citizenship for children of undocumented immigrants and others is unconstitutional. A federal court temporarily blocked the EO while the lawsuit is pending on the basis that it likely violates the Fourteenth Amendment; and the Fourth Circuit denied the defendants’ motion for a stay.
Case Summary: Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants on the basis that people in the United States illegally are not “subject to the jurisdiction thereof.” The attorneys general of 22 states, the District of Columbia, and the City of San Francisco sued to protect residents who would lose their citizenship under the executive order. The suit argues that the plain text of the 14th Amendment, as confirmed in U.S. v. Wong Kim Ark (1898), explicitly grants birthright citizenship for all people born in the United States.
Update 1: On Feb. 13, Judge Leo T. Sorokin issued an opinion granting a preliminary injunction enjoining the government from implementing and enforcing Executive Order No. 14,160, “Protecting the Meaning and Value of American Citizenship.”
Update 2: On Feb. 19, the Defendants submitted a notice of appeal to the First Circuit, and a motion to stay the district court order on appeal.
Update 3: On Feb. 26, Judge Sorokin denied defendants’ motion to stay the preliminary injunction pending resolution of their appeal.
Update 4: On March 11, the First Circuit denied the government’s motion for a stay. | 2025-03-11 | Casa v. Donald Trump (D. Md.)
Case No. 8:25-cv-00201-DLB | Complaint | 2025-01-21 | Overview: CASA and Asylum Seeker Advocacy Project (two immigrant rights organizations) and a group of noncitizen pregnant women whose unborn children stand to have their citizenship revoked under President Donald Trump’s Executive Order (“EO”) ending birthright citizenship sued Trump alleging the EO is unconstitutional. A federal court temporarily blocked the EO while the lawsuit is pending on the basis that it likely violates the Fourteenth Amendment.
Case Summary: Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants on the basis that people in the United States illegally are not “subject to the jurisdiction thereof.” The plaintiffs, including immigrant rights organizations CASA and ASAP, as well as individual immigrant parents, argue that the Executive Order violates the Fourteenth Amendment and federal statute 8 U.S.C. § 1401(a), both of which guarantee citizenship to all persons born in the U.S. The complaint asserts that the executive order exceeds presidential authority and causes irreparable harm by stripping constitutionally protected rights from children born to immigrants (e.g., the right to remain in the United States, access public benefits, and participate fully in civic life) and destabilizes their families, potentially leaving children stateless and separating them from their parents.
Update 1: On Feb. 5, 2025, Judge Deborah Boardman issued an opinion granting the plaintiffs’ motion for a preliminary nationwide injunction blocking implementation of the birthright citizenship Executive Order.
Update 2: On Feb. 13, the Defendants submitted a notice of appeal to the Fourth Circuit. | 2025-02-05 | Franco Aleman et al. v. Trump et al. (W.D. Wash.)
Case No. 2:25-cv-00163-JCC | Complaint | 2025-01-24 | Overview: A group of noncitizen pregnant women whose unborn children stand to have their citizenship revoked under President Trump’s Executive Order (“EO”) ending birthright citizenship sued Trump alleging the EO is unconstitutional. The case was consolidated with State of Washington et al v. Donald J. Trump, combining efforts to block the order on constitutional grounds.
Case Summary: Plaintiffs are non-citizen pregnant women whose due dates are after the implementation date of the Executive Order eliminating birthright citizenship. Plaintiffs bring this suit as a class action on behalf of all others similarly situated. They allege that the EO is a violation of the Fourteenth Amendment and seek an injunction to enjoin Defendants from enforcing the EO.
Update 1: On Jan. 27, State of Washington et al v. Donald J. Trump (complaint) was consolidated with this case. | 2025-01-27 | State of Washington et al v. Donald J. Trump et al (W.D. Wash.)
Case No. 2:25-cv-00127-JCC | Complaint | 2025-01-21 | Overview: The states of Washington, Arizona, Illinois and Oregon sued to block President Donald Trump's Executive Order (“EO”) revoking birthright citizenship for children of undocumented immigrants and those with temporary visas, alleging that the EO is unconstitutional. A federal court temporarily blocked the EO while the lawsuit is pending on the basis that it likely violates the Fourteenth Amendment. Trump has appealed the court’s decision.
Case Summary: Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants on the basis that people in the United States illegally are not “subject to the jurisdiction thereof.” Four states sued to protect residents who would lose their citizenship under the executive order. The suit argues that the plain text of the 14th Amendment, as confirmed in U.S. v. Wong Kim Ark (1898), explicitly grants birthright citizenship for all people born in the United States.
Update 1: On Jan. 23, 2025, Judge John Coughenour of the Western District of Washington issued a temporary restraining order against the Executive Order.
Update 2: On Jan. 27, Franco Aleman v. Trump (complaint) was consolidated with this case.
Update 3: On Feb. 6, Judge Coughenour issued an opinion granting the plaintiffs’ motion for a preliminary injunction enjoining implementation of the Executive Order.
Update 4: On Feb. 6, defendants appealed to the Ninth Circuit Court (case no. 25-807).
Update 5: On Feb. 12, defendants made an emergency motion to stay the district court’s injunction.
Update 6: On Feb. 19, the Ninth Circuit issued an order denying the government’s emergency motion to stay the district court’s injunction and leaving the existing briefing schedule unchanged. | 2025-02-19 | OCA–Asian Pacific American Advocates v. Marco Rubio et al (D.D.C.)
Case No. 1:25-cv-00287 | Complaint | 2025-01-30 | Overview: Asian Pacific American Advocates (a non profit organization) sued to block President Donald Trump’s Executive Order (“EO”) revoking birthright citizenship for children of undocumented immigrants and those with temporary visas, alleging that the EO is unconstitutional. The lawsuit argues that the EO violates the Constitution, federal statutes, and the Administrative Procedure Act.
Case Summary: Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants and for the children of parents on lawful temporary visas on the basis that they are not “subject to the jurisdiction” of the United States. OCA sued Marco Rubio and the heads of other departments and agencies on behalf of at least two pregnant women expected to give birth to children denied citizenship by the order. Both women reside in the United States on lawful, temporary, nonimmigrant visas. OCA argues that the order violates the plain text of the Fourteenth Amendment, statutes (8 U.S.C. § 1401 et seq.), and the Administrative Procedure Act, 5 U.S.C. § 706(2). The suit identifies an injured “subclass” of “Targeted Children” denied the privileges and public benefits afforded to U.S. citizens, seeking declaratory and injunctive relief. | 2025-01-31 | County of Santa Clara v. Trump, et al (N.D. Cal.)
Case No. 5:25-cv-00981 | Complaint | 2025-01-30 | Overview: The County of Santa Clara sued to block President Donald Trump’s Executive Order (“EO”) revoking birthright citizenship for children of undocumented immigrants and those with temporary visas. The lawsuit argues that the EO violates the Constitution, federal statutes, and the Administrative Procedure Act.
Case Summary: Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants and for the children of parents on lawful temporary visas on the basis that they are not “subject to the jurisdiction” of the United States. The County of Santa Clara sued to protect residents who would lose their citizenship or whose U.S.-born children will not receive citizenship and to prevent administrative burdens and loss of tax revenues associated with that prospective loss of citizenship. Santa Clara argues that the order violates the plain text of the Fourteenth Amendment, statutes (8 U.S.C. § 1401 et seq.), and the Administrative Procedure Act, 5 U.S.C. § 706(2), and seeks declaratory and injunctive relief. | 2025-01-31 | Le v. Trump (C.D. Cal.)
Case No. 8:25-cv-00104 | Complaint (under seal per Privacy Act) | 2025-01-20 | Overview: A birthright citizenship case under seal. This case has been stayed while a related case, Washington v. Trump, continues to be litigated.
Case Summary: A birthright citizenship case under seal.
On Jan. 24, 2025, Judge Maame Ewusi-Mensah Frimpong, upon joint agreement by the parties, held briefing in abeyance pending the TRO and preliminary injunction litigation in Washington v. Trump. | 2025-01-24 | New York Immigration Coalition v. Trump et al. (S.D.N.Y.)
Case No. 1:25-cv-01309 | Complaint | 2025-02-13 | Overview: A New York-based coalition of immigrant and refugee organizations and a pregnant noncitizen woman sued to block President Donald Trump’s Executive Order (“EO”) revoking birthright citizenship for children of undocumented immigrants and those with temporary visas. The lawsuit argues that the EO violates the Constitution and the Immigration and Naturalization Act.
Case Summary: Plaintiffs are a nonprofit organization as well as a Venezuelan national, J.V., who has Temporary Protected Status and a pending asylum petition. She is five months pregnant. Plaintiffs allege that the EO violates 8 U.S.C. § 1401(a) and the Citizenship and Equal Protection Clauses of the Fourteenth Amendment. Plaintiffs also seek a permanent injunction against enforcement of the EO. | 2025-02-13 | | Executive Action: Immigration policy — punishment of sanctuary cities and states (Executive Order 14159) (DOJ “Sanctuary Jurisdiction Directives” (Feb. 5, 2025)) |
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Organized Communities Against Deportations et al v. Benjamine Huffman (Acting Secretary of Homeland Security) et al (N.D. Ill.)
Case No. 25-cv-868 | Complaint | 2025-01-25 | Overview: Immigrant advocacy organizations in Chicago filed a lawsuit against Acting Attorney General Benjamine Huffman, challenging policy guidance targeting Sanctuary City policies and related immigration raids. The lawsuit seeks to block the implementation of this guidance on the basis that it violates the Constitution and the Administrative Procedure Act.
Case Summary: Acting Attorney General Benjamine Huffman issued policy guidance that, among other immigration-related policies, instructs the Civil Division of the Department of Justice “to identify state and local laws, policies, and activities that are inconsistent with Executive Branch immigration initiatives and, where appropriate, to take legal action to challenge such laws.” The plaintiffs, Chicago-based immigrant-advocacy organizations, allege that the guidance, and subsequent raids “specifically for the purpose of ending the Plaintiffs’ Sanctuary City advocacy and movement building,” violate the Administrative Procedure Act and the First Amendment. The lawsuit seeks an injunction against the Department of Justice’s guidance. | 2025-01-31 | City and County of San Francisco v. Donald J. Trump, et al (N.D. Cal.)
Case No. 3:25-cv-01350 | Complaint | 2025-02-07 | Overview: Several cities and counties sued President Donald Trump and his administration challenging an Executive Order (“EO”) and a Department of Justice (“DOJ”) memo that, together, would withhold federal funds from Sanctuary Cities. The lawsuit argues that the Trump administration should be blocked from implementing the EO because both the EO and the DOJ memo violate multiple Constitutional provisions and the Administrative Procedure Act.
Case Summary: Trump’s executive order directed the Departments of Justice and Homeland Security to withhold federal funds from sanctuary cities, which the Department of Justice implemented through a Feb. 5, 2025 “Sanctuary Jurisdiction Directives” memorandum. The plaintiffs include various cities and counties. They sued on the grounds that the executive order and DOJ memo violate the Tenth Amendment’s reservation of unenumerated power to the states, separation of powers, the spending clause, the Fifth Amendment’s due process clause, and the Administrative Procedure Act. The lawsuit seeks a declaration that the executive order is unconstitutional and a permanent injunction on any effort to enforce the provisions withholding funding. | 2025-02-07 | City of Chelsea v. Trump (D. Mass.)
Case No. 1:25-cv-10442 | Complaint | 2025-02-23 | Case Summary: Trump’s executive order directed the Departments of Justice and Homeland Security to withhold federal funds from sanctuary cities, which the Department of Justice implemented through a Feb. 5, 2025 “Sanctuary Jurisdiction Directives” memorandum.
Plaintiffs, two Massachusetts cities that identify as a “sanctuary city” and a “welcoming community,” allege that the executive order and DOJ memo violate the Tenth Amendment’s reservation of unenumerated power to the states, separation of powers, the spending clause, the Fifth Amendment’s due process clause, and the Administrative Procedure Act. They seek declaratory judgment that the executive order and DOJ memo are statutorily unlawful and unconstitutional and that the cities are not criminally liable under the policies, and preliminary and permanent injunctions against implementation of the executive order and DOJ memo. | 2025-02-23 | | Executive Action: Immigration Policy – “Expedited Removal” (Executive Order 14159) |
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Make the Road New York v. Benjamine Huffman (Acting Secretary of Homeland Security) et al (D.D.C.)
Case No. 1:25-cv-00190 | Complaint | 2025-01-22 | Overview: Make the Road New York (a grassroots immigrant-led organization in New York State) challenged the Trump administration's expedited deportation of certain immigrants without a court hearing, arguing that the new rule should be declared unconstitutional and vacated and its implementation blocked because it violates the Constitution, immigration law, and administrative procedures.
Case Summary: Trump’s executive order directed the Department of Homeland Security to expand the use of expedited removal under the Immigration and Nationality Act (INA) to include noncitizens located anywhere in the U.S. who cannot prove they have been continuously present for more than two years. The plaintiff, Make the Road New York (MRNY), argues the rule violates the Fifth Amendment’s Due Process Clause, the INA, and the Administrative Procedure Act (APA) by subjecting individuals to summary deportation without adequate procedural safeguards. The suit claims the rule is arbitrary, exceeds statutory authority, and disregards legal and constitutional protections against wrongful removal. | 2025-01-31 | | Executive Action: Immigration Policy – Discontinuation of CBP One app (Executive Order 14165) |
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Las Americas Immigrant Advocacy Center et al v. U.S. Department of Homeland Security (D.D.C.)
Case No. 1:24-cv-01702
Motion for TRO: 1:24-cv-01702-RC - Dkt. No. 71 | Complaint
Motion for TRO (underlying case filed June 12, 2024) | 2025-01-23 | Overview: Las Americas Immigrant Advocacy Center (a non-profit organization based in Texas) and the ACLU initially sued the Biden administration to challenge a rule limiting asylum access, including in relation to the CBP One app that was used to schedule appointments to request asylum. After the Trump administration's directive to shut down the CBP One app, Plaintiffs filed a motion to temporarily block this action; the court denied the motion on February 6, 2025.
Case Summary: The Trump administration executive order directs the Department of Homeland Security to cease operation of the CBP One app, which was created by the Biden administration to enable asylum seekers to schedule appointments to request asylum. The Las Americas Immigrant Advocacy Center and the ACLU had previously sued to challenge a Biden administration rule that limited asylum access to those presenting at a port of entry or falling under another narrow exception. In response, the government argued that the CBP One app remained as a pathway by which asylum-seekers could request appointments. In light of the discontinuation of the CBP One app, Las Americas, et al, filed a motion for a temporary restraining order and requested an immediate status conference and leave to file supplemental briefings to address the government’s position.
Update 1: On Feb. 6, the court denied the motion for a temporary restraining order on the basis that the court lacked authority to order the government to parole noncitizens into the United States, determining that this power is wielded exclusively at the discretion of the Secretary of Homeland Security. | 2025-02-06 | | Executive Action: Access of Lawyers to Immigrants in Detention (Executive Order 14159) |
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Amica Center for Immigrant Rights et al. v. U.S. Department of Justice (D.D.C.)
Case No. 1:25-cv-00298 | Complaint | 2025-01-31 | Overview: Nine immigrant advocacy organizations filed a lawsuit against the Department of Justice, challenging the stop-work order that halted funding for legal resource programs for unrepresented immigrants facing deportation. The lawsuit seeks to temporarily block the order on the basis that it violates the Constitution and the Administrative Procedure Act.
Case Summary: In 2024, Congress appropriated funds for two immigration programs, the Legal Orientation Program (LOP) and Immigration Court Helpdesk (ICH). On Jan. 22, 2025, the Department of Justice Executive Office for Immigration Review (EOIR) issued a stop-work order that halted funding for four programs providing legal resources to unrepresented people facing deportation. The EOIR action was taken purportedly to “audit” the programs pursuant to the Trump administration executive order. Nine advocacy and immigrant legal services organizations sued, arguing that terminating funding for the programs is arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with the law under the Administrative Procedure Act (APA); violates the Appropriations Clause in the case of the LOP and ICH; and violates the First Amendment by denying the plaintiffs access to courthouses and immigration detention centers. The suit seeks a temporary restraining order and preliminary injunction and to enjoin the government from stopping the programs, refusing to spend appropriated funds, preventing the plaintiffs from accessing immigration courts houses and detention centers, and removing materials and posters the plaintiffs have posted in those locations. | 2025-01-31 | | Executive Action: DHS Revocation of Temporary Protected Status (TPS) (vacatur of Venezuelan TPS; termination of Venezuelan TPS) |
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National TPS Alliance et al. v. Noem (N.D. Cal.)
Case No. 25-cv-1766 | Complaint | 2025-02-19 | Overview: The National TPS Alliance (an organization representing individuals with Temporary Protected Status (TPS) in the U.S.) and individuals from Venezuela who have TPS challenged the Trump administration's decision to terminate TPS for Venezuelans in the U.S., arguing that the action was unlawful and motivated by racial bias.
Case Summary: On Jan. 17, 2025, near the end of President Joe Biden’s term, DHS Secretary Mayorkas extended the designation of Temporary Protected Status (TPS) for Venezuelans living in the United States. On Jan. 28, President Trump’s newly-confirmed DHS Secretary Kristi Noem vacated that extension, and days later she terminated TPS for Venezuelans who had first registered for protected status in 2023.
Plaintiffs allege that DHS lacks authority to “vacate” a prior TPS extension, but even if it did have such authority, the Secretary’s justifications are “arbitrary and capricious, contrary to law, pretextual, and inexplicably deviate from past practice in violation of the Administrative Procedure Act.” Citing Secretary Noem’s references to Venezuelan TPS holders as “dirtbags,” Plaintiffs also allege that the Secretary’s actions were motivated at least partly by racial animus, in violation of the Fifth Amendment. Plaintiffs request that the court declare unlawful and set aside DHS’s vacatur and termination orders and reinstate the prior TPS extension. | 2025-02-19 | Casa, Inc. and Make the Road New York v. Noem (D. Md.)
Case No. 8:25-cv-00525 | Complaint | 2025-02-20 | Overview: CASA and Make the Road New York (two nonprofit organizations) challenged the Trump administration’s decision to terminate Temporary Protected Status for Venezuelans in the U.S., arguing that the action was unlawful and motivated by racial bias.
Case Summary: On Jan. 17, 2025, near the end of President Joe Biden’s term, DHS Secretary Mayorkas extended the designation of Temporary Protected Status (TPS) for Venezuelans living in the United States. On Jan. 28, President Trump’s newly-confirmed DHS Secretary Kristi Noem vacated that extension, and days later she terminated TPS for Venezuelans who had first registered for protected status in 2023.
Plaintiffs allege that Secretary Noem, in bypassing the standard process for conducting TPS reviews, violated the Administrative Procedure Act. Citing Secretary Noem’s references to Venezuelan TPS holders as “dirtbags” and statements by President Trump, Plaintiffs also allege that Defendants’ vacatur and termination of TPS designation was motivated by discriminatory intent and racial animus, in violation of the Fifth Amendment. Plaintiffs request that the court declare unlawful and set aside DHS’s vacatur and termination orders and reinstate the prior TPS extension. | 2025-02-20 | Haitian Americans United Inc. v. Trump (D. Mass.)
Case No. 1:25-cv-10498 | Complaint | 2025-03-03 | Case Summary: On Jan. 17, 2025, near the end of President Joe Biden’s term, DHS Secretary Mayorkas extended the designation of Temporary Protected Status (TPS) for Venezuelans living in the United States. On Jan. 28, President Trump’s newly-confirmed DHS Secretary Kristi Noem vacated that extension, and days later she terminated TPS for Venezuelans who had first registered for protected status in 2023. Additionally, on Feb. 20, Secretary Noem announced a “partial vacatur” of the previous administration’s extension of TPS status for Haitian nationals.
Plaintiffs allege that Secretary Noem, in bypassing the standard process for conducting TPS reviews, violated the Administrative Procedure Act as arbitrary and capricious toward both the Venezuelan and Haitian migrants. Citing Secretary Noem’s references to Venezuelan TPS holders as “dirtbags” and President Trump’s stigmatization of Haitians, Plaintiffs also allege that Defendants’ vacatur and termination of TPS designation was motivated by discriminatory intent and racial animus, in violation of the Fifth Amendment. Plaintiffs request that the court declare unlawful and stop enforcement of the Haitian and Venezuelan vacatur and termination orders. | 2025-03-03 | | Executive Action: Immigration Policy – Termination of categorical parole programs (Executive Order 14165) |
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Doe v. Noem (D. Mass.)
Case No. 1:25-cv-10495 | Complaint | 2025-02-28 | Case Summary: The Trump administration executive order directs the Department of Homeland Security to terminate all categorical parole programs contrary to the president’s executive orders. In effect, this ended the following programs: Uniting for Ukraine (U4U), Parole Processes for Cuba, Haiti, Nicaragua, and Venezuela (CHNV), and Operation Allies Welcome (OAW). Subsequently, on Feb. 14, Acting Deputy Director of USCIS Andrew Davidson issued a memorandum (not yet made public) to various USCIS directorates and program officers directing them not to adjudicate immigration benefit requests filed by noncitizens who are or were paroled into the United States under: U4U; CHNV; family reunification parole processes created in 2023 for nationals of Colombia, Ecuador, El Salvador, Guatemala, and Honduras; a family reunification parole processes for Haitians that was created in 2014 and expanded in 2023; and a family reunification parole process for Cubans that was created in 2007 and expanded in 2023.
Plaintiffs in this class action contend that both Executive Order 14165 and the Davidson memo violate the Administrative Procedure Act and the Due Process Clause of the Fifth Amendment to the U.S. Constitution. As such, Plaintiffs request an injunction in order to restore the status quo ante. | 2025-02-28 | | Executive Action: Proclamation Prohibiting Non-Citizens from Invoking Asylum Provisions” (Proclamation 10888) |
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Refugee and Immigrant Center for Education and Legal Services v. Noem (D.D.C.)
Case No. 1:25-cv-00306 | Complaint | 2025-02-03 | Overview: Three nonprofit organizations challenged a proclamation by President Donald Trump that disallows immigrants from remaining in the U.S. while pursuing asylum claims. The lawsuit argues that the proclamation violates multiple laws and Constitutional provisions. After the Trump administration agreed not to use the proclamation to deport individual asylum-seekers during the litigation, a federal judge denied the emergency motion to pause the implementation of the proclamation.
Case Summary: Trump’s proclamation bars immigrants who arrive after the date of the proclamation from invoking provisions of the Immigration and Nationality Act that would permit them to remain in the United States while pursuing asylum claims. The plaintiffs, three nonprofit organizations in Texas and Arizona providing legal services and assistance to undocumented individuals or asylum seekers, argue that the order violates the following statutory and constitutional provisions:
1. the Asylum Statute in the INA, 8 U.S.C. § 1158(a)(1) (by barring noncitizens from applying for asylum in direct contradiction to congressional protections);
2. the Withholding of Removal Statute, 8 U.S.C. § 1231(b)(3) (by preventing noncitizens from seeking protection from persecution based on race, religion, nationality, membership in a particular social group, or political opinion);
3. the Foreign Affairs Reform and Restructuring Act (FARRA), 8 U.S.C. § 1231, and the Convention Against Torture (CAT) (by depriving noncitizens of a meaningful opportunity to present CAT claims and shielding them from potential torture);
4. the Trafficking Victims Protection Reauthorization Act (TVPRA), 8 U.S.C. § 1232(a)(5)(D) (by denying unaccompanied children from non-contiguous countries their statutory right to regular removal proceedings);
5. the INA’s procedural protections for removal, 8 U.S.C. §§ 1101, 1229a, 1225(b) (by overriding mandated removal proceedings and eliminating procedural protections, including credible fear screenings);
6. the Administrative Procedure Act (APA), 5 U.S.C. § 706(2)(A) (by implementing policies that are arbitrary, capricious, and contrary to law) and § 706(2)(D) (by failing to follow the required rulemaking process before enacting sweeping changes to statutory protections); and
7. the constitutional separation of powers (by exceeding presidential authority and unlawfully overriding congressionally enacted immigration protections).
The Plaintiffs seek a declaratory judgment that the proclamation is unlawful and an injunction stopping its implementation.
Update 1: On Feb. 19, Plaintiffs filed an emergency motion to stay removal of individual plaintiff non-citizens who are currently detained by the Defendants and could be imminently deported under the proclamation. On Feb. 20, Judge Moss issued an administrative stay in the case until 12 pm on Feb. 24 to allow the government time to gather information to respond, and time for expedited briefing. The court further ordered the Defendants to respond to Plaintiffs’ emergency motion for a stay of removal by Feb. 21.
Update 2: On Feb. 22, Judge Moss denied as moot the emergency motion to stay removal of individual asylum-seekers because the government agreed not to use President Trump’s January 2025 border proclamation to remove them during the litigation. The court ordered that the government must provide at least seven days’ notice before removing any of the plaintiffs during the case and vacated the scheduled hearing. | 2025-02-22 | | Executive Action: Migrant Transfers to Guantanamo (Presidential Memorandum) |
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Perez Parra v. Castro (D. N.M.)
Case No. 1:24-cv-00912-KG-KRS
Dkt. No. 43 | Complaint | 2025-02-09 | Overview: Three Venezuelan men sued the U.S. government to temporarily block their transfer to Guantánamo Bay on the basis that they were already in proceedings contesting their detention. A federal judge granted the temporary restraining order. Subsequently, the three men were deported to Venezuela and the case was dismissed.
Case Summary: Trump’s Presidential Memorandum orders the Secretary of Defense and the Secretary of Homeland Security to prepare the Migrant Operations Center at Naval Station Guantanamo Bay to function at full capacity as a detention center for undocumented migrants. Three Venezuelan men, already part of an existing habeas lawsuit from September 2024 in the District Court of New Mexico, sought to block the administration from transferring them to the Guantanamo facility. Based on their similarities to those previously relocated, the men anticipated being moved as well. The challenge is specific to three specific individuals, under the All Writs Act to preserve the ongoing jurisdiction of the court, and does not seek to block other transfers.
On Feb. 9, Chief District Judge Kenneth J. Gonzales granted a temporary restraining order, barring the U.S. government from transferring the three men.
Update 1: On Feb. 13, Judge Gonzales issued a 1-page Memorandum Opinion and Order noting that the Defendants had filed a Notice that all three petitioners were removed to Venezuela on Feb. 10; and vacated the upcoming status conference.
Update 2: On Feb. 14, the docket reflected a Notice of voluntary dismissal of the case by the three petitioners. | 2025-02-14 | Las Americas Immigrant Advocacy Center v. Noem (D.D.C.)
Case No. 1:25-cv-00418 | Complaint | 2025-02-12 | Overview: A coalition of immigrant advocacy groups, on behalf of families of four Venezuelan nationals believed to have been transferred to Guantánamo Bay, filed a lawsuit challenging President Donald Trump's order to transfer undocumented migrants to Guantánamo Bay. Plaintiffs argue that the U.S. government’s actions violate the Constitution and immigration law and ask the court to allow detainees to have access to lawyers and to have their locations disclosed.
Case Summary: Trump’s Presidential Memorandum orders the Secretary of Defense and the Secretary of Homeland Security to prepare the Migrant Operations Center at Naval Station Guantánamo Bay to function at full capacity as a detention center for undocumented migrants. Plaintiffs are suing on behalf of the families of four Venezuelan nationals who are believed to have been transferred to Guantánamo. Plaintiffs allege the government’s action violates habeas corpus rights, Fifth Amendment Due Process rights, and the Immigration and Naturalization Act’s guarantee of the right to counsel. Plaintiffs further allege that the government’s alleged restriction of information in and out of Guantánamo violates both the plaintiffs’ and the detainees’ First Amendment rights. They seek court orders declaring that the government’s actions violate those rights, permitting access to lawyers, requiring the government to identify the location of detainees held at Guantánamo, requiring the government to provide 72-hours notice prior to any transfer to a foreign jurisdiction, and requiring the government to provide 72-hours notice prior to any transfer of additional noncitizens to Guantánamo.
Update 1: On Feb. 20, the government filed a notice that DHS had removed the immigration detainees from Guantánamo, which the government asserted “eliminates any need for temporary injunctive relief.” Just prior, it filed its Opposition to the Motion for Temporary Restraining Order arguing, among other things, that the Plaintiffs (family members of individuals who had been held at Guantánamo, and advocacy organizations) lacked standing because they were not themselves detained, that the District Court lacked statutory authority to require the government to provide notice before transferring individuals into or out of Guantánamo, and denying the validity of Plaintiffs’ constitutional claims.
Update 2: On Feb. 21, Plaintiffs filed a Reply reasserting their request for a TRO to prevent the government from sending more detainees to Guantánamo.
Update 3: On Feb. 24, Plaintiffs filed a Reply explaining that in spite of the administration’s Feb. 20 notice that all immigrant detainees had been transferred off Guantánamo and the TRO was moot, they had learned via social media that another group of immigrants was being sent to Guantánamo. The Reply adds further factual allegations and legal arguments that immigrant detainees are prevented from having real meaningful access to legal representation. These include that (1) the government and guards at the detention camp do not allow detainees to make phone calls, including by saying “this is a terrorist prison and there is no capacity to make calls” and by limiting available phones and times such that most people cannot use them; (2) unrepresented detainees transferred to Guantanamo do not have access to a legal directory, know your rights briefings, or practical means to meet counsel; and (3) retained counsel face numerous obstacles to representing their clients, including that only five detainees can make phone calls each day, there are no means for attorneys to initiate contact with their clients, and there is no way to transfer or sign paperwork other than the government's announced policy to “generally follow the procedures used in the habeas litigation involving law of war detainees,” and to transfer mail to detainees from Washington, D.C. on a weekly basis.
Plaintiffs argue that these restrictions violate detainees’ First and Fifth Amendment rights, as well as their statutory right to counsel under the Immigration and Nationality Act, as well as the plaintiff advocacy organizations’ First Amendment rights. | 2025-02-24 | Espinoza Escalona v. Noem (D.D.C.)
Case No. 1:25-cv-00604 | Complaint | 2025-03-01 | Case Summary: Trump’s Presidential Memorandum orders the Secretary of Defense and the Secretary of Homeland Security to prepare the Migrant Operations Center at Naval Station Guantánamo Bay to function at full capacity as a detention center for undocumented migrants. Plaintiffs, ten noncitizens in immigration custody in the United States, allege they will be imminently transferred to facilities at Guantánamo. They filed suit, arguing that under the Immigration and Nationality Act, Guantánamo is in Cuba, and therefore transfer would constitute (1) unlawful removal; and (2) unlawful detention. They also argue removal would be (3) an arbitrary and capricious abuse of discretion under the Administrative Procedure Act; (4) a violation of Fifth Amendment Due Process; and (5) a violation of the right to habeas corpus. They seek a declaratory judgment that transfer to and detention in Guantánamo is unlawful and unconstitutional; that the memorandum be vacated; a grant of a writ of habeas corpus to enjoin defendants from transferring plaintiffs to Guantánamo, or if they have been transferred and detained, return to facilities in the United States; and an injunction on future transfers.
The same day, Plaintiffs also filed an emergency motion to stay transfer of plaintiffs. | 2025-03-01 | | Executive Action: Suspension of the U.S. Refugee Admissions Program (Executive Order No. 14163) and Refugee Funding Suspension (Dept of State Notice) |
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Pacito v. Trump (W.D. Wash)
(2:25-cv-255) | Complaint | 2025-02-10 | Overview: Ten plaintiffs, including refugees, U.S. citizens, and resettlement organizations, challenged President Donald Trump’s Executive Order (“EO”) and the State Department’s January 24, 2025 notice that indefinitely suspend refugee admissions and cut federal funding for resettlement programs. The lawsuit argues that these actions violate the Refugee Act, the Administrative Procedure Act, and Constitutional due process rights. A federal judge has issued a nationwide preliminary injunction barring implementation of the EO and the notice.
Case Summary: On Jan. 20, 2025, President Trump issued an executive order indefinitely suspending refugee admissions and processing. The State Department issued a Jan. 24 notice suspending federal funding for resettlement programs. Ten plaintiffs — individual refugees, U.S. citizens, and resettlement organizations (HIAS, Church World Service, and Lutheran Community Services Northwest) — filed a proposed class action seeking injunctions to block implementation of the orders, declaratory judgments that the actions are unlawful, maintenance of refugee processing and resettlement services consistent with the status quo, and confirmation of compliance with such remedies if granted. The lawsuit alleges that the orders have left approved refugees stranded internationally, denied recent arrivals statutorily-mandated support services, and forced layoffs at resettlement institutions.
The complaint asserts that the executive orders violate the Refugee Act’s comprehensive statutory scheme for refugee policy, are arbitrary and capricious under the Administrative Procedure Act for circumventing notice-and-comment requirements and failing to establish a reasoned basis for the change in policy, and breach agency regulations at 8 C.F.R. § 207.7 governing the Follow-to-Join process in violation of the Accardi doctrine requiring government officials to follow the agency’s own rules and procedures. The lawsuit further argues that the orders violate the Fifth Amendment due process rights of U.S. citizens petitioning for family reunification, and violate fundamental separation of powers principles by attempting to redistribute or withhold congressionally appropriated funds to achieve policy objectives.
Update 1: Judge Jamal Whitehead, ruling from the bench, issued a preliminary injunction barring implementation of the executive order.
Update 1: On Feb. 25, Judge Jamal Whitehead, ruling from the bench, issued a preliminary injunction barring implementation of the executive order.
Update 2: On Feb. 28, Judge Whitehead issued a written opinion granting the nationwide preliminary injunction.
Update 3: On Mar. 3, the government submitted a notice of appeal to the Ninth Circuit.
Update 4: On Mar. 5, Plaintiffs filed an amended complaint. Citing continued steps by the administration to dismantle resettlement programs after Judge Whitehead’s preliminary injunction, including the termination of cooperative agreements implementing the resettlement programs, the amended complaint also requests a TRO and preliminary injunction against implementation of the EO. The plaintiffs also submitted a motion for a preliminary injunction on the basis of this amended complaint. | 2025-03-05 | United States Conference of Catholic Bishops v. Department of State et al. (D.D.C.)
Case No. 1:25-cv-00465 | Complaint | 2025-02-18 | Overview: The United States Conference of Catholic Bishops (“USCCB”), whose members are the active Cardinals, Archbishops, and Bishops of the Catholic Church in the U.S. and which provides refugee-resettlement services, sued the Trump administration over its suspension of refugee admissions and funding for resettlement programs. USCCB argues the Trump administration’s actions are illegal under the Administrative Procedure Act and seeks to prohibit the U.S. government from implementing the suspension. A federal judge refused to immediately stop the U.S. government’s actions but agreed to speed up the process for deciding whether to block them.
Case Summary: On Jan. 20, 2025, President Trump issued an executive order indefinitely suspending refugee admissions and processing. The State Department issued a Jan. 24 notice suspending federal funding for resettlement programs. Plaintiff, the United States Conference of Catholic Bishops (USCCB), is part of a public-private partnership with the federal government through the U.S. Refugee Admissions Program, and was providing transitionary resettlement services to more than 6,700 refugees when the State Department suspended funding. USCCB brought suit, arguing the government policy suspending funds for the Refugee Admissions Program is unlawful under the Administrative Procedure Act because it (1) violates the Immigration and Naturalization Act, the Refugee Act of 1980, and the Impoundment Control Act; (2) is an arbitrary and capricious abuse of discretion; and (3) is a substantive role promulgated without required notice-and-comment rulemaking. They seek a declaratory judgment that the suspension is unlawful, and temporary, preliminary, and permanent injunctions prohibiting the government from implementing the suspension and requiring the government to make reimbursements pursuant to the terms of its cooperative agreements.
Update 1: On Feb 20, 2025, Judge Trevor N. McFadden denied the request for a temporary restraining order, but ordered an expedited briefing schedule for the preliminary injunction motion.
Update 2: On Feb. 24, Plaintiffs filed a supplemental memorandum in support of the motion for a preliminary injunction.
Update 3: On Mar. 3, Plaintiffs filed an amended complaint, an amended motion for a preliminary injunction, and a memorandum in support of that motion; and Judge McFadden ruled that the prior motions for a preliminary injunction are moot in light of the new motion. The amended complaint and the amended motion for a preliminary injunction are in response to new developments in the case, e.g., on Feb. 27, the State Department terminated the cooperative agreements with USCCB for refugee resettlement. This termination changed the nature of the dispute from a suspension of funding to a complete cancellation of the contracts.
Update 4: On Mar. 5, the government filed in opposition to the motion for a preliminary injunction and the following day, on Mar. 6, the plaintiffs filed a reply. | 2025-03-06 | | Executive Action: IRS Data Sharing for Immigration Enforcement Purposes (Executive Order 14165) (Executive Order 14159) (Executive Order 14158) |
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Centro de Trabajadores Unidos v. Bessent (D.D.C.)
Case No. 1:25-cv-00677 | Complaint | 2025-03-07 | Case Summary: Plaintiffs allege that the Trump administration “has begun taking steps to collect information about individuals for potential immigration enforcement” by seeking access to data associated with individual taxpayer identification numbers (ITINs). The IRS assigns ITINs to individuals who lack social security numbers (i.e., noncitizens) so that such individuals can file tax returns and pay federal income taxes as required by law. Plaintiffs assert that granting immigration enforcement agencies access to the sensitive data of individuals who file using ITINs would “expose millions of taxpayers to the administration’s aggressive immigration enforcement tactics.”
Plaintiffs claim the government’s actions are ultra vires and violate the Administrative Procedure Act by running afoul of the IRS statute requiring confidentiality of tax return information.
They seek declaratory and injunctive relief to prevent Defendants from providing ITIN applications to DHS, ICE, the President, or any others, unless such disclosure is specifically permitted by law. | 2025-03-07 | | Executive Action: Non-Citizen Detainee Detention and Removal |
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Mahmoud Khalil v. William P. Joyce et al. (S.D.N.Y.)
Case No. 1:25-cv-01935 | Habeas petition | 2025-03-09 | Overview: A green card holder and recent graduate of Columbia University involved in pro-Palestinian protests is challenging his detention and attempted deportation by Immigration and Customs Enforcement (ICE) agents.
Case Summary: On Mar. 8, 2025, Immigration and Customs Enforcement (ICE) agents detained Mahmoud Khalil, a Palestinian activist and lawful U.S. permanent resident (a green card holder). Khalil is a recent graduate of Columbia University, where he played a prominent role in organizing pro-Palestinian demonstrations against Israel’s military actions in Gaza. (See also Declaration by Khalil’s attorney)
The habeas petition alleges, “At the time this proceeding was initiated, [Khalil] was detained at 26 Federal Plaza in New York, New York.”
The government moved Khalil to a detention facility in Louisiana, away from his New York home and his wife, who is eight months pregnant and a U.S. citizen. His legal team filed a habeas corpus petition challenging the legality of his detention and deportation efforts. Khalil’s legal team also moved to compel the government to return him to the Southern District of New York (SDNY).
On Mar. 10, SDNY federal judge Jesse Furman temporarily blocked his removal from the United States pending further judicial review, which he extended after an emergency conference hearing on Mar. 12.
Update 1: On Mar. 12, the government submitted an declaration from ICE Acting Field Office Director of the NYC office which stated: "At the time Khalil filed a petition for a writ of habeas corpus in the Southern District of New York, he was detained at Elizabeth Detention Facility in Newark, New Jersey." The government filed a motion to dismiss or transfer the case to the Western District of Louisiana. | 2025-03-12 | | Structure of Government/Personnel |
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| Executive Action: Reinstatement of Schedule F for Policy/Career Employees (Executive Order 14171) |
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National Treasury Employees Union v. Donald J. Trump et al (D.D.C.)
Case No. 1:25-cv-00170 | Complaint | 2025-01-20 | Overview: National Treasury Employees Union (“NTEU”), a labor union that represents federal government employees in 37 agencies and departments, sued the Trump administration to block the implementation of President Donald Trump’s Executive Order (“EO”) that would authorize the Director of the Office of Personnel Management to reclassify members of the civil service and enable the Trump administration to terminate them at will. NTEU argues the EO violates civil servant protection laws.
Case Summary: Trump’s executive order authorizes the Director of the Office of Personnel Management to reclassify thousands of members of the civil service and strip them of their civil-service protections, enabling the president or heads of agencies to fire them at will. The National Treasury Employees Union sued to block implementation of the order on behalf of the union’s members. The lawsuit argues that the executive order violates laws Congress passed to provide civil-service protections to the vast majority of civil servants, with only limited exceptions for Senate-confirmed political appointees. | 2025-01-31 | Government Accountability Project v. Office of Personnel Management (D.D.C.)
Case No. 1:25-cv-00347 | Complaint (Feb. 6, 2025) | 2025-02-06 | Overview: A group of non-profit organizations who represent the interests of federal employees sued President Donald Trump and the U.S. Office of Personnel Management (“OPM”) alleging Trump’s Executive Order and OPM’s related guidance that took away protections for thousands of career government workers. The non-profits argue that the EO and OPM guidance violate the Administrative Procedure Act and the Civil Service Reform Act.
Case Summary: On Jan. 27, Director of the Office of Personnel Management (OPM) Charles Ezell issued Guidance implementing the president’s executive order, which aims to reclassify thousands of members of the civil service and strip them of their civil-service protections, enabling the president or heads of agencies to fire them at will. Plaintiffs—independent nonprofits representing whistleblowers, federal employees, retirees and their survivors—allege that the OPM Guidance did not go through proper procedure under the Administrative Procedure Act, violates the Civil Service Reform Act’s protections for career employees, and violates civil servants’ Fifth Amendment Due Process rights. They seek a declaratory judgment that the executive order and the OPM Guidance are unlawful and an injunction enjoining the administration from implementing the executive order and the OPM Guidance. | 2025-02-06 | Public Employees for Environmental Responsibility v. Donald Trump et al (D. Md.)
Case No. 8:25-cv-00260-PX | Complaint | 2025-01-28 | Overview: Non-profit organization Public Employees for Environmental Responsibility (“PEER”) challenged President Donald Trump’s Executive (“EO”) that would authorize the Director of the Office of Personnel Management to reclassify members of the civil service and enable the Trump administration to terminate them at will. The lawsuit seeks to block the EO’s implementation and argues that the EO violates the Administrative Procedure Act and deprives civil servants of their rights under the Constitution and the Civil Service Reform Act.
Case Summary: Trump’s executive order authorizes the Director of the Office of Personnel Management to reclassify thousands of members of the civil service and strip them of their civil-service protections, enabling the president or heads of agencies to fire them at will. PEER, represented by Citizens for Responsibility and Ethics in Washington and Democracy Forward, sued to enjoin implementation of the executive order. The lawsuit argues that the executive order violates the Administrative Procedure Act and deprives civil servants of due process by stripping them of protections guaranteed under the Civil Service Reform Act of 1978. | 2025-01-31 | American Federation of Government Employees, AFL-CIO and American Federation of State, County And Municipal Employees, AFL-CIO v. Donald Trump et al (D.D.C.)
Case No. 1:25-cv-00264 | Complaint | 2025-01-29 | Overview: Two major labor unions, representing over two million federal employees, sued President Donald Trump to block an Executive Order (“EO”) that changes workers’ job category, removing protections against being fired. The unions argue that the EO violates the Administrative Procedure Act (APA).
Case Summary: On Jan. 27, Director of the Office of Personnel Management (OPM) Charles Ezell issued guidance implementing the president’s executive order, which aims to reclassify thousands of members of the civil service and strip them of their civil-service protections, enabling the president or heads of agencies to fire them at will. The AFGE and AFSCME – labor organizations representing federal, state and local employees – assert that the Trump administration failed to follow proper notice-and-comment procedures under the Administrative Procedural Act in issuing the order, which renders “inoperative or without effect” existing regulations, 5 C.F.R. 210.102(b)(3), 5 C.F.R. 210.102(b)(4), and 5 C.F.R. § 302.601-603. The plaintiffs sued, seeking a declaratory judgment to that effect, as well as an injunction enjoining the Defendants from enforcing the order without first complying with the APA’s notice-and-comment requirements. | 2025-01-31 | | Executive Action: Establishment of “Department of Government Efficiency” (DOGE) (Executive Order 14158 and Executive Order 14219) |
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Public Citizen Inc et al v. Donald J. Trump and Office of Management and Budget (D.D.C.)
Case No. 1:25-cv-00164
CASE CLOSED | Complaint | 2025-01-20 | Overview: Two advocacy organizations sued President Donald Trump and the U.S. Office of Management and Budget, arguing that Trump’s Executive Order (“EO”) creating the Department of Government Efficiency violates the Federal Advisory Committee Act by delegating regulatory and monetary power to unelected citizens without public oversight. Two other cases, Lentini v. Department of Government Efficiency and American Public Health Association v. Office of Budget and Management, have now been consolidated under this case.
Case Summary: Trump’s executive order renames the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency) and reestablishes the office under the Executive Office of the President. Two advocacy organizations and the American Federation of Government Employees sued, arguing that the order violates the Federal Advisory Committee Act, which bars the delegation of decision-making authority to private citizens without public access. The suit asks the court to enjoin the operation of DOGE unless and until it complies with the FACA’s requirements.
Update 1: On Feb. 18, 2025, Judge Jia M. Cobb (D.D.C.) granted defendants’ motion to consolidate two cases with this case. Parties in Lentini v. Department of Government Efficiency (complaint), and American Public Health Association v. Office of Budget and Management (complaint) must make all future filings in this case.
Update 2: On Mar. 3, 2025, Public Citizen Plaintiffs dismissed their action without prejudice. The Lentini Plaintiffs in Lentini v. Department of Government Efficiency and American Public Health Association Plaintiffs remain in American Public Health Association v. Office of Budget and Management. | 2025-03-03 | Jerald Lentini, Joshua Erlich, and National Security Counselors v. Department of Government Efficiency, Office of Management and Budget, Office of Personnel Management, Executive Office of the President, Elon Musk, Vivek Ramaswamy, Russell Vought, Scott Kupor, and Donald Trump (D.D.C.)
Case No. 1:25-cv-00166 | Complaint | 2025-01-20 | Overview: National Security Counselors (a public advocacy organization) and two individuals challenged President Donald Trump’s Executive Order (“EO”) establishing the Department of Government Efficiency (DOGE), arguing that DOGE violates the Federal Advisory Committee Act (FACA) by delegating regulatory and monetary power to unelected citizens without public oversight. This case was consolidated under Public Citizen, Inc v. Trump.
Case Summary: Trump’s executive order renames the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency) and reestablishes the office under the Executive Office of the President. The advocacy organization National Security Counselors, Inc., sued, arguing that the order violates the Federal Advisory Committee Act, which bars the delegation of decision-making authority to private citizens without public access. The suit asks the court to enjoin the operation of DOGE unless and until it complies with the FACA’s requirements.
Update 1: On Feb. 18, 2025, Judge Jia M. Cobb (D.D.C) granted defendants’ motion in Public Citizen, Inc. v. Trump to consolidate three cases. Parties in Lentini v. Department of Government Efficiency and American Public Health Association v. Office of Budget and Management must make all future filings in Public Citizen. | 2025-02-18 | American Public Health Association et al v. Office of Management and Budget, Acting Director of the Office of Management and Budget, and the Department of Government Efficiency (D.D.C.)
Case No. 1:25-cv-00167 | Complaint | 2025-01-20 | Overview: Several public interest advocacy organizations challenged President Donald Trump’s Executive Order (EO) that established the Department of Government Efficiency (DOGE). The lawsuit argues that DOGE violates the Federal Advisory Committee Act by delegating regulatory and monetary power to unelected citizens without public oversight. This case was consolidated under Public Citizen, Inc v. Trump.
Case Summary: Trump’s executive order renames the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency) and reestablishes the office under the Executive Office of the President. Several advocacy organizations sued, arguing that the order violates the Federal Advisory Committee Act, which bars the delegation of decision-making authority to private citizens without public access. The suit asks the court to enjoin the operation of DOGE unless and until it complies with the FACA’s requirements.
Update 1: On Feb. 18, 2025, Judge Jia M. Cobb (D.D.C) granted defendants’ motion in Public Citizen, Inc. v. Trump to consolidate three cases. Parties in Lentini v. Department of Government Efficiency and American Public Health Association v. Office of Budget and Management must make all future filings in Public Citizen. | 2025-02-18 | Center for Biological Diversity v. Office of Management and Budget (D.D.C.)
Case No. 1:25-cv-00165 | Complaint | 2025-01-20 | Overview: The Center for Biological Diversity sued the Office of Management and Budget (OMB) under the Freedom of Information Act demanding records related to communications between OMB and the Department of Government Efficiency (“DOGE”), alleging the requested information is important to the public interest.
Case Summary: Trump’s executive order renames the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency) and reestablishes the office under the Executive Office of the President. The Center for Biological Diversity sued the Office of Management and Budget under the Freedom of Information Act, demanding records related to communications between OMB and DOGE’s leadership or those acting on its behalf. | 2025-01-31 | J. Doe 1-26 v. Musk (D. Md)
Case 8:25-cv-00462-TDC
| Complaint | 2025-02-13 | Overview: Twenty-six current and former employees of the U.S. Agency for International Development (“USAID”) sued Elon Musk and the Department of Government Efficiency (“DOGE”) alleging that Musk's appointment to his role as head of DOGE violates the Constitution’s Appointments Clause and requesting that the court prevent Musk and DOGE from taking further action until this legal question is resolved.
Case Summary: Trump’s executive order renames the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency) and reestablishes the office under the Executive Office of the President. Twenty-six current and former USAID employees or contractors filed a lawsuit claiming that Elon Musk’s constitutional authority to exercise significant government powers as the head of DOGE without Senate confirmation violates the Appointments Clause. The complaint alleges that Musk and the DOGE staff are exercising “significant authority” by controlling agency operations, making personnel decisions, and directing federal spending, all powers the plaintiffs claim can be wielded only by properly appointed officers of the United States. The lawsuit argues that Musk is functioning as a principal officer while evading the constitutional requirement for Senate confirmation. The plaintiffs also claim that Musk’s actions would be unconstitutional even if he were considered merely an inferior officer, as Congress has not authorized the President to directly appoint anyone to his position. The plaintiffs also argue that DOGE’s structure violates separation of powers by creating a “shadow chain of command” that undermines Congress’s power to create agencies and their authorities through statute, confirm appointed officers, and conduct oversight. The suit asks the court to declare Musk and DOGE to be acting unlawfully, enjoin Musk and DOGE from exercising government authority unless appointed by proper process, and set aside their actions taken to date.
Update 1: On Feb. 18, Plaintiffs filed a motion for a preliminary injunction.
Update 2: On Feb. 24, Defendants filed a motion in response to the request for a preliminary injunction; to which the Plaintiffs replied on Feb. 26. | 2025-02-24 | New Mexico et al. v. Musk (D.D.C.)
Case No. 1.25-cv-00429 | Complaint | 2025-02-13 | Overview: Fourteen states sued Elon Musk and the Department of Government Efficiency (“DOGE”) alleging that Musk's appointment to his role as head of DOGE violates the Constitution’s Appointments Clause and requesting that the court prevent Musk and DOGE from taking further action until this legal question is resolved. A federal court denied the request to temporarily block further actions by Musk and DOGE but acknowledged potential constitutional issues with Musk’s appointment.
Case Summary: Trump’s executive order renames the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency) and reestablishes the office under the Executive Office of the President. Fourteen states filed a lawsuit claiming that Elon Musk’s constitutional authority to exercise significant government powers as the head of DOGE without Senate confirmation violates the Appointments Clause. The complaint alleges that Musk and the DOGE staff are exercising “significant authority” by controlling agency operations, making personnel decisions, and directing federal spending, all powers they claim can only be wielded by properly appointed officers of the United States. The suit asks the court to declare Musk and DOGE to be acting unlawfully, impose a temporary restraining order barring Musk and DOGE from exercising government authority (including a specific list of official actions) while awaiting preliminary and permanent injunctions to the same effect, and set aside their actions taken to date.
Update 1: On Feb. 17, the government submitted a declaration by Joshua Fisher, Director of the Office of Administration, stating that Musk is not the head of DOGE nor an employee of DOGE.
Update 2: On Feb 18, Judge Tanya Chutkan denied the Plaintiffs’ request for a temporary restraining order but also indicated a potentially favorable view of the Plaintiffs’ argument on the merits (pp. 8-9).
Update 3: On Feb. 24, plaintiff states filed a motion for expedited discovery relating to an upcoming motion for a preliminary injunction. Defendants filed a memorandum in opposition on Feb 28. Plaintiffs filed a reply on Mar. 3.
Update 4: On Mar 7, defendants filed a motion to dismiss arguing plaintiffs lack Article III standing and have failed to state a claim upon which relief can be granted. | 2025-03-07 | Japanese American Citizens League v. Musk (D.D.C)
Case No. 1:25-cv-00643
| Complaint | 2025-03-05 | Overview: Plaintiffs are four nonprofit organizations – the Japanese American Citizens League, Organization of Chinese Americans–Asian Pacific American Advocates, Sierra Club, and Union of Concerned Scientists – bringing suit against Elon Musk, DOGE, Amy Gleason, and several executive agencies and their heads.
Case Summary: Plaintiffs are four nonprofit organizations – the Japanese American Citizens League, Organization of Chinese Americans–Asian Pacific American Advocates, Sierra Club, and Union of Concerned Scientists – bringing suit against Elon Musk, DOGE, Amy Gleason, and several executive agencies and their heads.
Plaintiffs allege that they are harmed by DOGE’s cutting of federal funding and firing of federal employees, including in the work of the National Park Service and historic sites. Plaintiffs allege that Musk and DOGE are acting in an ultra vires manner “to dramatically alter the federal budget, slash federal spending, reduce the federal workforce, and dismantle disfavored agencies.” Plaintiffs also allege that Defendants have acted in violation of the separation of powers “by directing and causing the termination of grants and contracts under previously appropriated federal funds; terminating federal workers funded by congressional appropriations; reducing the size of the federal workforce; working to abolish federal departments and agencies including the U.S. Department of Education, an executive department created by federal statute; and refusing to spend money appropriated by Congress.” Finally, Plaintiffs allege that Defendants have violated the Appointments Clause and the Administrative Procedure Act. They seek declaratory and injunctive relief holding that Musk, DOGE, and Gleason have no legal authority to take a wide array of actions and that those actions have no legal effect. | 2025-03-05 | Center for Biological Diversity v. U.S. Department of Interior (D.D.C)
Case No. 1:25-cv-00612 | Complaint | 2025-03-03 | Overview: On Jan. 20, 2025, President Trump signed Executive Orders 14158, renaming the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency). On Feb. 19, Trump signed Executive Order 14219 directing the rescission of regulations in which “agency heads shall, in coordination with their DOGE Team Leads and the Director of the Office of Management and Budget, initiate a process to review all regulations.”
Case Summary: On Jan. 20, 2025, President Trump signed Executive Orders 14158, renaming the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency). On Feb. 19, Trump signed Executive Order 14219 directing the rescission of regulations in which “agency heads shall, in coordination with their DOGE Team Leads and the Director of the Office of Management and Budget, initiate a process to review all regulations.”
Plaintiffs, a nonprofit organization focused on habitat preservation for endangered species, alleges that DOGE and the Department of Interior have violated the Administrative Procedures Act by failing to follow Federal Advisory Committee Act (FACA) requirements for disclosure and public access to advisory committee meetings. They seek declaratory judgment that DOGE and its sub-teams are subject to the FACA and have violated the APA and FACA, an injunction stopping Department of Interior employees from meeting with or relying on work by DOGE employees, and an order of mandamus requiring compliance with the FACA. | 2025-03-03 | | Executive Action: Solicitation of information from career employees |
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Jane Does 1-2 v. Office of Personnel Management (D.D.C.)
Case No. 1:25-cv-00234 | Complaint | 2025-01-27 | Overview: Two federal employees brought a class action lawsuit against the Office of Personnel Management (“OPM”) alleging that OPM used an unauthorized email system to collect data on all civilian federal workers without conducting a required privacy assessment. A federal court denied the request to halt OPM’s actions and OPM has since moved to dismiss the case.
Case Summary: The Office of Personnel Management announced it was testing a new system to email all civilian federal employees from a single email address, HR@opm.gov. Individuals claiming to be OPM employees subsequently posted online that the emails were being stored on an unsecure server at OPM. Plaintiffs, employees of executive-branch agencies who received “test” emails from HR@opm.gov requesting information, sued. The lawsuit alleges that the new procedure violates the E-Government Act of 2002 and asks the court to require the Office of Personnel Management to conduct a Privacy Impact Assessment before collecting any data from employees, as required under the law.
Update 1 and 2: On Feb. 4, 2025, the plaintiffs requested a temporary restraining order. On Feb. 6, Judge Randolph D. Moss denied the TRO request and said an opinion will follow.
Update 3: On Feb. 11, OPM moved to dismiss the Complaint on the grounds that Plaintiffs lack Article III standing and failed to state a claim upon which relief can be granted.
Update 4: On Feb. 17, 2025, in a Memorandum Opinion and Order, Judge Moss denied plaintiffs’ most recent motion for a TRO on the ground that they had not shown they were likely to have standing or face irreparable injury without emergency relief. | 2025-02-17 | | Executive Action: Disclosure of personal and financial records to DOGE |
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Alliance for Retired Americans v. Scott Bessent et al (D.D.C.)
Case No. 1:25-cv-00313 | Complaint | 2025-02-03 | Overview: A group of labor unions representing federal employees sued Secretary of the Treasury Scott Bessent and others alleging that individuals affiliated with the Department of Government Efficiency (“DOGE”) were granted unauthorized access to sensitive Treasury Department records in violation of the Privacy Act and the IRS Code. Both parties agreed to an order limiting access to Treasury payment records to specific individuals with “read-only” access.
Case Summary: The complaint alleges that the Treasury Department granted DOGE-affiliated individuals access to sensitive personal and financial information maintained by the Treasury Department. The plaintiffs sued on behalf of members whose records may have been transmitted from the Treasury Department to DOGE employees, thus allegedly depriving the members of privacy. The lawsuit seeks an injunction and declaratory relief, as well as a temporary restraining order, for alleged violations of the Administrative Procedure Act and actions in excess of legal authority under the Privacy Act.
Update 1: On Feb. 6, 2025, the parties in the suit mutually proposed an order that Judge Colleen Kollar-Kotelly adopted. It limits access to Treasury Department payment records and systems to two (Musk-affiliated) Special Government Employees in the Department (“read-only” access), other employees who need to access the record to perform their duties, or individuals who are already entitled to access the records under statute.
Update 2: On Feb. 20, the court issued an order accepting an unopposed motion to modify the Feb. 6 order.
Update 3: On Feb. 25, following a hearing the previous day, the court ordered “that Defendants shall file the administrative record underlying the decisions challenged in this case on or before March 10, 2025.”
Update 4: On Mar. 7, Judge Colleen Kollar-Kotelly denied plaintiffs’ motion for a preliminary injunction on the grounds that plaintiffs have not cleared the “high standard” of showing a likelihood of an irreparable injury that is “beyond remediation.” She noted, “If Plaintiffs could show that Defendants imminently planned to make their private information public or to share that information with individuals outside the federal government
with no obligation to maintain its confidentiality, the Court would not hesitate to find a likelihood of irreparable harm.” | 2025-03-07 | New York et al v. Donald J. Trump (S.D.N.Y.)
Case No. 1:25-cv-01144-JAV | Complaint | 2025-02-07 | Overview: Nineteen state attorneys general sued President Donald Trump and Secretary of the Treasury Scott Bessent alleging that individuals affiliated with the Department of Government Efficiency (“DOGE”) were granted unauthorized access to sensitive Treasury Department records in violation of the Administrative Procedure Act, the Privacy Act, and other ethics statutes. A federal court temporarily blocked DOGE’s access to certain payment records maintained by the Treasury Department containing sensitive data while the case proceeds, citing potential violations of federal law.
Case Summary: The complaint alleges that the Treasury Department granted DOGE-affiliated individuals access to sensitive personal and financial information maintained by the Treasury Department. The plaintiffs, attorneys general of 19 states, sued on the ground that the policy of giving expanded access to political appointees and “special government employees” to Treasury’s Bureau of Fiscal Services violated the Administrative Procedure Act (APA). The plaintiffs claim the policy violates the APA by exceeding authority conferred by statute for the unauthorized purpose of impeding payments and accessing private information; for failure to conduct a privacy impact statement; for violation of the Privacy Act; and for violating ethics statutes on conflicts of interest. The plaintiffs also assert the policy usurps congressional authority and is ultra virus.
The plaintiffs requested an emergency temporary restraining order, as well as preliminary and permanent injunction to bar access to political appointees, special government employees, and government employees detailed from other agencies as well as to any person who has not received a background check, security clearance, and information security training.
Update 1: The case is before Judge Jeannette A. Vargas. On Feb. 8, 2025, after midnight, Judge Paul A. Engelmayer issued an emergency temporary restraining order until Judge Vargas holds a hearing on Feb. 14. Judge Engelmayer’s order prohibits access to the Treasury Department’s systems and also requires prohibited persons to immediately destroy any material already downloaded from the Treasury Department’s systems.
Update 2: On Feb. 21, Judge Vargas granted a limited preliminary injunction, enjoining the Treasury Department from granting access to DOGE-affiliated individuals to any payment record, payment systems, or any other data systems maintained by the Treasury Department containing personally identifiable information and/or confidential financial information of payees. The court noted that “a real possibility exists that sensitive information has already been shared outside of the Treasury Department, in potential violation of federal law.” The court ordered the Treasury Department to submit a report by March 24 including several forms of information and certifications including “the vetting and security clearances processes that members of the Treasury DOGE Team have undergone;” ”setting forth the legal authority pursuant to which each DOGE Team member was employed by or detailed to the Treasury Department;” and “explaining the reporting chains that govern the relationship between the DOGE Team members, USDS/DOGE, and Treasury leadership.” | 2025-02-21 | AFL-CIO v. Dep’t of Labor (D.D.C.)
Case No. 1:25-cv-00339 | Complaint | 2025-02-05 | Overview: A coalition of labor unions sued the Department of Labor (“DOL”), the Department of Government Efficiency (“DOGE”), and others seeking to block DOGE's access to internal DOL information systems on the basis that such access violates the Administrative Procedure Act, the Privacy Act, the Economy Act, and other federal laws. A federal court denied requests to temporarily block DOGE’s access while the case proceeds, but indicated further analysis was needed in particular on the Economy Act claims.
Case Summary: On Feb. 5, 2025, DOGE sought access to internal information systems at the Department of Labor. Plaintiffs sued, arguing DOGE’s attempt to direct the agency and access internal information systems are an unlawful exercise of power beyond its authority; and unlawful under the Administrative Procedure Act as a prohibited personnel practice, violation of the Confidential Information Protection and Statistical Efficiency Act, violation of the Privacy Act, rulemaking without proper procedure, and arbitrary and capricious abuse of discretion. They seek temporary, preliminary, and permanent injunctive relief to prevent the Department of Labor from granting access to DOGE, from taking adverse action against employees who refuse to cooperate with DOGE, and from providing any person with non-public Department of Labor information regarding that person’s business interests or direct competitors.
On the same day as the complaint was filed, judge John Bates issued an Order which stated, “Defendants represented to the Court that DOL [Department of Labor] will not allow DOGE access to any DOL data until after this Court rules on the TRO motion on Friday.”
Update 1: On Feb. 7, Judge Bates denied the petition for a temporary restraining order on the ground that the plaintiffs lacked standing.
Update 2: On Feb. 12, Plaintiffs submitted a renewed request for a TRO enjoining agency defendants from granting members of DOGE access to their systems of records, except as consistent with applicable federal law.
Update 3: On Feb. 14, Judge Bates denied the renewed request for a TRO, but added, “On the Economy Act question, which is the most important for this denial of a TRO, the Court will benefit from further briefing and analysis on a motion for preliminary injunction.”
Update 4: On Feb. 27, Judge Bates ordered limited expedited discovery in the case in the form of answers to written interrogatories, production of documents, and the deposition of four individuals (one each from the Consumer Financial Protection Bureau and the Departments of Labor, Health and Human Services, and DOGE), to last no more than eight hours in aggregate. | 2025-02-27 | University of California Student Ass’n v. Carter et al
Case No. 1:25-cv-00354 | Complaint | 2025-02-07 | Overview: The University of California Student Association sued the Department of Education seeking to block the Department of Government Efficiency’s (“DOGE’s”) access to sensitive information systems containing student data on the basis that such access violates the Administrative Procedure Act, the Privacy Act, and the Internal Revenue Code. A federal court denied the request to temporarily block DOGE’s access while the case proceeds.
Case Summary: On Feb. 3, 2025, reportedly 20 people affiliated with DOGE were working with the Department of Education, some of whom obtained access to sensitive internal information systems, including systems related to federal student aid. Plaintiffs sued, arguing DOGE’s access is unlawful under the Administrative Procedure Act in that it is contrary to law in violation of the Privacy Act and Internal Revenue Code; arbitrary and capricious; and in excess of statutory authority. They seek a declaratory judgment that DOGE officials are not authorized to access Department of Education records that contain personal information, and temporary, preliminary, or permanent injunctive relief preventing the Department of Education from continuing to provide access to DOGE, ensuring there is no further dissemination of data, and requiring recovery of unlawfully transferred information.
Update 1: On Feb. 10, Plaintiff moved for a TRO, requesting Defendants be enjoined from disclosing information about individuals to individuals affiliated with DOGE, and required to retrieve and safeguard any such information that has already been obtained by and shared or transferred by DOGE or individuals associated with it.
Update 2: On Feb. 17, Judge Randolph Moss denied the TRO on the grounds that mere “access” to data by government employees who are not formally authorized to view it, without more, does not create an irreparable injury. He wrote that courts find dissemination of information to be an irreparable injury where highly sensitive information will be made public or is given to someone with no obligation to keep it confidential. He also wrote that irreparable harm was not present because plaintiffs would have a private right of action and money damages for certain unauthorized disclosures. | 2025-02-17 | National Treasury Employees Union v. Russell Vought (D.D.C.)
Case No. 1:25-cv-00380 | Complaint | 2025-02-09 | Overview: The National Treasury Employees Union sued Acting Director of the Consumer Financial Protection Bureau (“CFPB”) Russell Vought seeking to block the Department of Government Efficiency’s (“DOGE’s”) access to sensitive information systems with CFPB employee records on the basis that the CFPB's decision to grant DOGE-affiliated individuals access to employee information and non-classified systems violated the Privacy Act and CFPB regulations.
Case Summary: DOGE “special government employee” entered CFPB. On February 7, 2025, Chris Young, Nikhil Rajpul, and Gavin Kliger—none of whom is or has been a CFPB employee—were added to CFPB’s staff and email directories as “senior advisers.” Russell Vought, as Acting Director of CFPB, instructed CFPB staffers to grant this DOGE team access to all non-classified systems. Plaintiffs maintain that CFPB has a statutory obligation to protect its employee information under both the Privacy Act and CFPB regulations (5 C.F.R. Part 1070). Plaintiffs claim that CFPB violated that obligation by granting DOGE access to employee information without satisfying an exception in the Privacy Act. Plaintiffs seek a judgment declaring that CFPB violated the law by granting DOGE access to CFPB systems, that CFPB’s disclosure of employee information to DOGE is unlawful, and request an injunction to prevent CFPB from disclosing employee records to DOGE. | 2025-02-09 | American Federation of Teachers et al v. Bessent et al (D. Md.)
Case No. 8:25-cv-00430
| Complaint | 2025-02-10 | Overview: The American Federation of Teachers and other plaintiffs sued the Treasury, Office of Personnel Management (“OPM”), and the Department of Education (”DOE”), challenging the agencies’ disclosure of sensitive personal information to Department of Government Efficiency (”DOGE”) employees. The plaintiffs argue that the disclosure violates federal law and goes beyond the agencies’ scope of authority. They have asked the court to declare the disclosure unlawful, to temporarily and permanently stop the agencies from further sharing information, and to require the agencies retrieve the information disclosed. The court has stopped DOE and OPM from disclosing information with DOGE, while Treasury has also been stopped from disclosure by a separate but related case.
Case Summary: The complaint alleges that the Treasury Department, Office of Personnel Management, and Department of Education have provided DOGE “special government employees” with access to information systems that contain records of private citizens' sensitive personal information (including Social Security numbers, financial records, and more). Plaintiffs sued, arguing DOGE access is unlawful under the Administrative Procedure Act as (1) not in accordance with the Privacy Act; (2) an arbitrary and capricious abuse of discretion; and (3) in excess of statutory authority. They seek a declaratory judgment that disclosing records to DOGE is unlawful and temporary, preliminary, or permanent injunctive relief to bar defendants from allowing DOGE to access sensitive information; ensure there is no further unauthorized disclosure; ensure records improperly disseminated are retrieved or destroyed; and ensure future disclosures will only occur in accordance with the Privacy Act.
Update 1: On Feb. 12, Plaintiffs moved for a TRO enjoining Defendants from providing DOGE access to their records systems and ordering any records housed outside government information systems be retrieved or destroyed.
Update 2: On Feb. 24, the court granted a TRO enjoining the Department of Education and Office of Personnel Management from disclosing sensitive information to any DOGE affiliates. The court denied the motion for a TRO against Treasury officials on the basis that a preliminary injunction against Treasury has already been granted in a related case.
| 2025-02-24 | Electronic Privacy Information Center v. U.S. Office of Personnel Management (E.D.V.A.)
Case No. 1:25-cv-00255 | Complaint | 2025-02-10 | Overview: The Electronic Privacy Information Center (“EPIC”) and a federal employee sued the Office of Personnel Management (“OPM”) and the Treasury Department, challenging the agencies’ disclosure of sensitive personal information to Department of Government Efficiency (“DOGE”) employees. The plaintiffs argue that the disclosure violates federal law, violates their constitutional rights, puts them at risk of identity theft, and goes beyond the agencies’ scope of authority. They have asked the court to declare the disclosures unlawful and stop the agencies from sharing and accessing the information. The court denied their request to block DOGE’s access because the possible scenarios for harm were too speculative.
Case Summary: The complaint alleges that the Treasury Department granted DOGE-affiliated individuals access to sensitive personal and financial information maintained by the Treasury Department. The plaintiffs, Electronic Privacy Information Center (EPIC) and Doe 1 (a federal employee), sued, claiming that the transmission of these records violated the plaintiffs’ right to privacy and puts plaintiffs at risk of identity theft and financial crimes. Plaintiffs also argue that the transmission of these records was not compliant with the Federal Information Security Modernization Act (FISMA) and other privacy and security requirements. The lawsuit seeks injunctive and declaratory relief curing the release of information and halting further sharing by OPM and Treasury, alleging violations of the Administrative Procedure Act, Privacy Act, the Fifth Amendment, 26 U.S.C. § 6103, and actions beyond the scope of authority—primarily by the DOGE defendants. Doe 1 also seeks an award of statutory and punitive damages.
Update 1: On Feb. 12, Plaintiffs moved for a TRO to enjoin Treasury and OPM defendants from providing DOGE access to information systems, to enjoin DOGE defendants from accessing information systems, and to require status reports.
Update 2: On Feb. 21, Judge Rossie D. Alston, Jr. issued a Memorandum Opinion and Order converting the motion for a TRO to a motion for a preliminary injunction, and denying the motion. Judge Alston wrote, “Plaintiffs’ fears of future harm are much too speculative and would require the Court to make several leaps in reasoning in order to warrant injunctive relief” based on the record before the court. The judge stated: “Although the Court is denying injunctive relief based on the current record, Plaintiffs are permitted to take necessary action to protect their rights if, in the future, they experience harm that is more concrete and immediate, including if Plaintiffs are able to provide evidence that unauthorized personnel accessed the BFS and/or EHRI systems.” | 2025-02-21 | American Federation of Government Employees, et al. v. Office of Personnel Management et al (S.D.N.Y)
Case No. 1:25-cv-01237 | Complaint | 2025-02-11 | Overview: The American Federation of Government Employees and other plaintiffs sued the Office of Personnel Management (”OPM”), challenging the agencies’ alleging unlawful disclosure of sensitive personal information to Department of Government Efficiency (DOGE) employees. The plaintiffs argue that the disclosure violates federal laws and goes beyond the agencies’ scope of authority. They have asked the court to declare the disclosure unlawful, stop the agencies from further sharing information, and require the agencies retrieve and destroy the information disclosed.
Case Summary: Plaintiffs allege the Office of Personnel Management (OPM) has given DOGE access to OPM information systems that contain sensitive personal and employment records of government employees (including Social Security numbers, demographic information, job performance information, health records, and more). Plaintiffs, current and former federal employees and unions representing them, sued, arguing OPM’s disclosure of this information to DOGE violates the Privacy Act and the Administrative Procedure Act; and that DOGE’s actions are ultra vires. They seek a declaratory judgment that the government’s actions are unlawful; temporary, preliminary, or permanent injunctive relief; and an order for the impoundment and destruction of copies of improperly disclosed personal information. | 2025-02-11 | Nemeth-Greenleaf, et al. v. Office of Personnel Management, et al. (D.D.C.)
Case No. 1:25-cv-00407 | Complaint | 2025-02-11 | Overview: Federal employees have sued the Office of Personnel Management (”OPM”) and the Treasury, challenging the agencies’ disclosure of personal, health, and financial information to the Department of Government Efficiency's (”DOGE”) employees. The plaintiffs argue the disclosure violates federal laws. They have asked the court to stop further disclosure and compensation for harm.
Case Summary: Plaintiffs are federal employees from various government departments who filed suit as a proposed class action. They allege that DOGE workers unlawfully accessed their private information from OPM and the Treasury Department. They argue that Defendants are engaged in an “unlawful ongoing, systemic, and continuous disclosure of personal, health, and financial information” to Elon Musk and DOGE in violation of the Privacy Act, 5 U.S.C. § 552a. They seek injunctive relief and damages. | 2025-02-11 | Gribbon et al. v. Musk (D.D.C.)
Case No. 1:25-cv-00422 | Complaint | 2025-02-12 | Overview: Six individuals sued Elon Musk, the Office of Personnel Management (”OPM”), and the Treasury for sharing personal information. The plaintiffs argue that by sharing their private information, Musk and the agencies violated federal laws. The plaintiffs have asked the court to declare Musk and the agencies’ actions unlawful, stop them from further sharing the plaintiffs’ information, and require them to provide lifetime identity theft and fraud protection services.
Case Summary: Plaintiffs filed a proposed class action lawsuit. They are recipients of federal benefits, student loans, or have filed tax return information with the federal government. The complaint alleges that “Defendants [are] liable for their willful failure to ensure the security of Plaintiffs’ and Class members’” private information. Plaintiffs allege Defendant Elon Musk violated the Computer Fraud and Abuse Act and that Defendants OPM and Treasury violated the Privacy Act of 1974. Plaintiffs are suing for injunctive relief and monetary damages “resulting from Defendants’ unlawful ongoing, systematic, and continuous disclosure of personal and financial information.” | 2025-02-12 | Center for Taxpayer Rights v. IRS (D.D.C)
Case 1:25-cv-00457 | Complaint | 2025-02-17 | Overview: Several organizations, on behalf of taxpayers, sued the Internal Revenue Service (”IRS”) and the Treasury, challenging the access to private tax information the agencies gave to the Department of Government Efficiency’s (”DOGE”). The plaintiffs argue that by allowing DOGE’s access, the agencies violated multiple federal laws and exceeded their scope of authority. The plaintiffs have asked the court to declare the access unlawful, stop DOGE’s access, and require the return or deletion of the shared information.
Case Summary: Plaintiffs filed a lawsuit challenging the U.S. Department of Government Efficiency’s access to information from the Internal Revenue Service. Plaintiffs are organizations that represent low-income taxpayers, immigrants, domestic abuse survivors, small businesses, and public and private sector employees. They allege that by allowing DOGE to access private citizens’ tax information, the IRS has violated the Federal Information Security Act, the Privacy Act, and the Administrative Procedure Act. Plaintiffs also allege that DOGE has engaged in “ultra vires” actions by “directing and controlling the use and administration of Defendant IRS’ systems.” They seek declaratory and injunctive relief to stop allegedly “wrongful provision of access, inspection, and disclosure of return information and other personal information in the IRS system to members of DOGE.” They also seek other forms of relief such as ordering Defendants to disgorge all unlawfully obtained information. | 2025-02-17 | American Federation of State, County and Municipal Employees, AFL-CIO v. Social Security Administration (D. Md.)
Case No. 1:25-cv-00596
| Complaint | 2025-02-21 | Overview: Three labor unions sued the Social Security Administration (“SSA”) and the Department of Government Efficiency (“DOGE”), challenging the access to sensitive personal data of millions of Americans which SSA gave to DOGE. The unions argue that the access violates multiple federal laws and the Constitution. The unions have asked the court to declare DOGE’s access to SSA data unlawful, require DOGE return to delete the data, and stop any further sharing of information and access.
Case Summary: Plaintiffs filed a lawsuit challenging the U.S. Department of Government Efficiency’s access to Social Security Administration data and systems. They allege that allowing DOGE to access private citizens’ sensitive data violates several laws, including the Internal Revenue Code, the Privacy Act, the Federal Information Systems Modernization Act, the E-Government Act, and the Administrative Procedure Act. They further allege that Acting SSA Commissioner Leland Dudek’s exercise of significant authority without nomination or confirmation violates the Appointments Clause of the U.S. Constitution. Plaintiffs ask the court to declare DOGE’s access to SSA data and systems unlawful, order DOGE to disgorge or delete any unlawfully obtained data, and prohibit any further efforts by either DOGE or SSA to enable DOGE to access SSA data or systems. | 2025-02-21 | | Executive Action: “Fork Directive” deferred resignation offer to federal employees (OPM Directive) |
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American Federation of Gov’t Employees, AFL-CIO v. Ezell (D. Mass)
Case No. 1:25-cv-10276 | Complaint | 2025-02-04 | Overview: Multiple labor unions sued the Office of Personnel Management (“OPM”), challenging the legality of the "deferred resignation" offer program. The offer, sent to nearly all federal employees, gives them the option to receive compensation until September 30, 2025 if they resign by February 6, 2025, where the unions say the implied alternative is earlier termination. The unions argue that the program violates the Constitution and federal laws. The unions have asked the court to declare the program unlawful, void the program, and immediately and permanently suspend the February 6 deadline. The court initially suspended the deadline until the court heard arguments from both sides; however, shortly after, the court removed the suspension and denied the unions’ requests on the basis that they had not followed correct procedures in filing the suit.
Case Summary: On January 28, 2025, the Office of Personnel Management sent an email to career federal employees presenting what it described as a deferred resignation program, an offer to receive compensation until September 30, 2025 if they resign now (“Fork Directive” email). A deadline for the offer was set for February 6, 2025. Plaintiffs filed suit, arguing the directive violates the Administrative Procedure Act (APA) because it is “arbitrary and capricious” and not in accordance with the Antideficiency Act. They seek a declaratory judgment that the directive violates the APA and that the directive be vacated; they also seek an preliminary and permanent injunction of the February 6, 2025 deadline and an order that OPM submit for court approval a corrected communication for all employees who received the directive.
Update 1: On Feb. 5, 2025, the plaintiffs requested a temporary restraining order and that within 24 hours of the TRO, the Government provide written notice of the TRO to all federal employees who have received the directive.
Update 2: On Feb. 6, 2025, Judge George O’Toole issued an order to pause the program and extend the deadline until Monday when a hearing is scheduled.
Update 3: On Feb. 10, 2025, Judge O’Toole ordered that the stay of the Feb. 6 deadline will remain in effect “pending the completion of briefing and oral argument on the issues.” Defendants notified the Court of their compliance with the order.
Update 4: On Feb. 12, 2025, Judge O’Toole dissolved the TRO and denied further preliminary injunctive relief, finding that the plaintiffs lacked Article III standing and that the court lacked subject matter jurisdiction over the claims asserted. | 2025-02-12 | | Executive Action: Removal of independent agency leaders |
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Gwynne A. Wilcox v. Donald J. Trump et al (D.D.C.)
Case No. 1:25-cv-00334 | Complaint | 2025-02-05 | Overview: Gwynne Wilcox (a member of the National Labor Relations Board) sued President Donald Trump challenging her removal from the National Labor Relations Board as a violation of the National Labor Relations Act, claiming that Trump did not meet the standard required for Wilcox’s removal under federal law and that Wilcox was not given notice and a hearing to contest her removal.
Case Summary: This case challenges President Trump’s removal of Gwynne A. Wilcox from her position on the National Labor Relations Board. The suit alleges the removal is in violation of the National Labor Relations Act (29 U.S.C. § 151 et seq.), which allows the president to remove Board members only in cases of neglect of duty or malfeasance and only after notice and hearing. The Plaintiff is seeking relief under the Declaratory Judgement Act, 28 U.S.C. §§ 2201 and 2202, to establish that she remains a rightful member of the Board and that the President lacks authority to remove her. She also seeks an injunction against the Chairman of the National Labor Relations Board, who oversaw the termination.
Update 1: On Feb. 10, Plaintiff moved for expedited summary judgment.
Update 2: On Feb. 21, the government filed a cross-motion for summary judgment, arguing statutory restrictions protecting NLRB members unconstitutionally conflict with the President’s Article II powers.
Update 3: On Mar. 6, Judge Beryl Howell granted the plaintiff’s motion for summary judgment, and denied the defendant's cross motion for summary judgment. The court issued a declaratory judgment that Wilcox’s firing was unlawful and that she remains a member of the NRLB; the court further ordered that Wilcox be allowed to continue to serve in office unless removed for cause under the NLRA, and enjoined defendants from removing Wilcox or impeding her from executing her duties.
Update 4: On Mar. 6, defendants appealed to the D.C. Circuit and requested the district court issue a stay pending appeal. | 2025-03-06 | Grundmann v. Trump et al. (D.D.C)
Case No. 1:25-cv-00425
| Complaint | 2025-02-13 | Overview: Susan Grundmann (former Chair of the Federal Labor Relations Authority) sued President Donald Trump challenging her removal from the National Labor Relations Authority as a violation of the Federal Service Labor-Management Relations Statute, claiming that Trump did not meet the standard required for Grundmann’s removal under federal law and that Grundmann was not given notice and a hearing to contest her removal.
Case Summary: On Feb, 10, 2025, White House official Trent Morse sent a two-sentence email to Susan Grundmann stating that her position on the Federal Labor Relations Authority (FLRA), an independent agency, “is terminated, effective immediately.”
Plaintiff Susan Grundmann challenges her removal from the FLRA. Plaintiff was Chair of the FLRA when she received the email from Morse, Deputy Director of the White House Office of Presidential Personnel. Plaintiff alleges she was improperly removed in violation of the Federal Service Labor-Management Relations Statute (5 U.S.C. § 7104), which states that “Members of the Authority…may be removed by the President only upon notice and hearing and only for inefficiency, neglect of duty, or malfeasance in office.” Plaintiff seeks declaratory relief and an injunction ordering her reinstatement.
Update 1: On Feb. 14, Plaintiff filed a motion for preliminary injunction and summary judgment.
Update 2: On Feb. 25, defendants filed a cross motion for summary judgement and memorandum in opposition to the motion for a preliminary injunction. | 2025-02-25 | Dellinger v. Bessent (D.D.C.)
Case No. 1:25-cv-00385-ABJ
CASE CLOSED | Complaint | 2025-02-10 | Overview: Hampton Dellinger, Special Counsel of the U.S. Office of Special Counsel, sued President Donald Trump for firing him without cause in violation of a statute saying he may only be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A federal judge allowed him to resume his position while the case proceeded through the courts. The Supreme Court rejected the government’s appeal of this decision on February 21. On March 5, 2025, the DC Circuit Court issued a 3-0 decision that effectively removed Dellinger from his position as Special Counsel of the U.S. Office of Special Counsel, and the following day Dellinger dropped his case.
Case Summary: Plaintiff Hampton Dellinger has been the Special Counsel in the Office of the Special Counsel (OSC) since Mar. 6, 2024, when he was nominated by the President and confirmed by the Senate for a five-year term. The OSC is an independent federal agency founded by Congress as part of the Civil Service Reform Act of 1978. Its primary function is to protect federal employees and others who come forward as whistleblowers. Once confirmed, the Special Counsel serves a five-year term and “may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office.” On Feb. 7, 2025, Dellinger received a two-sentence email from Sergio Gor, informing Dellinger that he was terminated, effective immediately, and stating no cause for such termination. Dellinger is suing under six different counts and seeks a declaratory judgment that President Trump’s decision to fire him was unlawful, that the Special Counsel may only be removed for cause; and seeks an order that Dellinger may not be removed and is entitled to backpay. As precedent for the constitutionality of the statutory for-cause protection, Dellinger cites to Humphrey’s Executor.
Update 1: On Feb. 10, 2025, Judge Amy Berman Jackson issued an administrative stay on Dellinger’s termination through midnight on February 13, 2025, while the parties submit their briefs.
Update 2: On Feb. 11, 2025, defendants appealed to the D.C. Circuit (case no. 25-5025), making an emergency motion to stay the district court’s administrative stay.
Update 3: On Feb. 12, 2025, the D.C. Circuit dismissed the appeal for lack of jurisdiction.
Update 4: On Feb. 12, 2025, Judge Amy Berman Jackson of the D.C. District Court granted a temporary restraining order, ordering that Dellinger shall continue to serve as Special Counsel and prohibiting defendants from denying him the resources and materials of his office.
Update 5: On Feb. 13, Defendants filed an appeal to the D.C. Circuit (case no. 25-5028). In the District Court, their motion for a stay pending appeal was denied.
Update 6: On Feb. 15, the D.C. Circuit rejected the Defendant’s appeal in a 2-1 opinion.
Update 7: The Government petitioned the U.S. Supreme Court asking the Justices to freeze and vacate the district court order that had temporarily reinstated Dellinger.
Update 8: On Feb. 21, the Supreme Court rejected (7-2) the Government’s petition on the ground that a TRO was not properly subject to appeal at this stage.
Update 9: On Feb. 26, Judge Jackson extended the TRO ordering that Dellinger remain as Special Counsel for an additional three days until she “complete[s] the written opinion on the consolidated motion for preliminary injunction and cross motions for summary judgment” (indicating she will rule on that day, Mar. 1).
Update 10: On Mar. 1, Judge Jackson issued an Opinion and Order in favor of the Plaintiff. The Defendants immediately appealed to the DC Circuit.
Update 11: On Mar. 5, the DC Circuit in a 3-0 decision put a halt to the district court order pending the appeal. “This order gives effect to the removal of [Dellinger] from his position as Special Counsel of the U.S. Office of Special Counsel,” the DC Circuit wrote.
Update 12: On Mar. 6, Dellinger announced that he was dropping his case.
Final Update: CASE CLOSED | 2025-03-05 | Cathy A. Harris v. Bessent et al (D.D.C.)
Case No. 1:25-cv-00412 | Complaint | 2025-02-11 | Overview: Cathy A. Harris, a member of the Merit Systems Protection Board (“MSPB”), sued President Donald Trump for firing her from the MSPB without cause in violation of the Administrative Procedure Act. Harris asked the court to allow her to continue in her position while the lawsuit proceeds and to declare her removal unlawful. A federal court agreed Harris could remain in her role while the case is pending, ruling that Trump likely did not meet the standard required for her removal under applicable law. Trump appealed this ruling.
Case Summary: Plaintiff Cathy A. Harris challenges her removal from the Merit Systems Protection Board (MSPB), an independent federal agency. Plaintiff alleges that she received a one-sentence email from Trent Morse, Deputy Assistant to the President and Deputy Director of the White House Presidential Personnel Office, stating that Plaintiff had been terminated, effective immediately. Plaintiff, whose term on the MSPB was set to expire in 2028, alleges that she was unlawfully removed from her position without justification, despite the statutory requirement that MSPB members may only be removed for “inefficiency, neglect of duty, or malfeasance in office.” She alleges the action was ultra vires and violated the Administrative Procedure Act. She seeks a declaratory judgment and injunction as well as an emergency temporary restraining order to reinstate her position on the MSPB.
Update 1: On Feb. 11, Plaintiff moved for a temporary restraining order declaring that her removal is unlawful and that she is a member of the MSPB, and enjoining obstructing her access to the office.
Update 2: On Feb. 18, Judge Rudolph Contreras granted the temporary restraining order and ordered that Harris continue to serve as Chair of the MSPB until the court rules on a preliminary injunction.
Update 3: On Mar. 4, Judge Contreras granted the plaintiff’s motion for summary judgment. The court issued a declaratory judgment that Harris remains a member of the MSPB and that she may be removed by the President prior to the expiration of her term only for inefficiency, neglect of duty, or malfeasance in office. The court also enjoined defendants from removing Harris from office without cause.
Update 4: On Mar. 4, the government appealed to the D.C. Circuit and moved that the district court stay its order pending appeal.
Update 5: On Mar. 5, the district court denied the government’s motion to stay its order pending appeal. | 2025-03-05 | LeBlanc & Felten v. United States Privacy and Civil Liberties Oversight Board (D.D.C.)
Case No. 1:25-cv-00542 | Complaint | 2025-02-24 | Overview: After all three Democratic members of the Privacy and Civil Liberties Oversight Board (“PCLOB”) were removed by the PCLOB, two of them sued to challenge their removal. By law, the PCLOB is required to have members from both Democrat and Republican parties. The plaintiffs argue that they were dismissed unlawfully on the basis of their political affiliation and not for good cause. They have asked the court to declare that the Board does not have the authority to remove them purely for political reasons, and to void the removals as unlawful. They have also asked the court to require the PCLOB (aside from the President) to reinstate and stop the PCLOB (aside from the President) from future removals not based on good cause.
Case Summary: On Jan, 27, 2025, the U.S. Privacy and Civil Liberties Oversight Board (PCLOB) purported to remove Plaintiffs, two Senate-confirmed members of the Board. Plaintiffs represent two out of three Democratic members of the Board, which is required by statute to have Democratic and Republican members.
Plaintiffs allege that the text, structure, and function of the 9/11 Commission Act bars removal of PCLOB members without good cause. They also assert that by removing Board members solely on the basis of their political affiliation, defendants have acted “not in accordance with law.” They seek a declaration that the Defendants “have no authority” to remove Plaintiffs from the Board based on their political affiliation and for the court to “hold unlawful and set aside the purported removals.” They also seek an injunction prohibiting defendants (other than the President) from removing them from their positions without good cause and enjoin defendants (other than the President) to restore them to those positions. | 2025-02-24 | | Executive Action: Dismantling of USAID (Executive Order 14169) (State Dept stop-work order) |
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American Foreign Service Association v. Trump (D.D.C.)
Case No. 1:25-cv-00352 | Complaint | 2025-02-06 | Overview: Two unions sued the Trump administration, challenging its efforts to dismantle the United States Agency for International Development (“USAID”). The unions argue that the efforts are unconstitutional, violate federal law, and exceed the scope of agency authority. The unions have asked the court to declare the administration’s actions unlawful and unconstitutional, and immediately stop the administration’s efforts by appointing an independent administrator, restoring funding, and voiding the suspension of employees. The court initially stopped the administration from suspending employees but did not restore funding; however, on February 21, 2025, the court reversed its earlier temporary restrictions on the administration, on the basis that the dispute could be resolved outside of the court. On March 10, 2025, the unions filed a new motion arguing that the court should have jurisdiction to decide this dispute.
Case Summary: On Jan. 20, 2025, the Trump administration issued an executive order including a 90-day pause in “foreign development assistance,” and the Secretary of State then issued stop-work orders for United States Agency for International Development (USAID) foreign assistance grants. Later, Secretary of State Rubio was named as acting USAID Administrator and USAID contractors were laid off or furloughed. On Feb. 3, Elon Musk posted that he had spent the previous weekend “feeding USAID to the woodchipper,” and USAID headquarters in Washington, D.C. was closed. On Feb. 4, a message was posted on the USAID website that all directly-hired USAID staff would be placed on administrative leave as of 11:59pm EST on Friday, Feb. 7, 2025. Plaintiffs sued, arguing executive actions either to dissolve USAID or merge it with the State Department are unconstitutional violations of the separation of powers and the Take Care Clause; and unlawful under of the Administrative Procedure Act by exceeding statutory authority, violating the Further Consolidated Appropriations Act, and involving arbitrary and capricious abuses of discretion. Plaintiffs seek a declaratory judgment that the administration’s actions are unlawful and unconstitutional; a temporary restraining order and preliminary injunction directing the administration to halt efforts to shut down the agency, including by appointing an independent administrator, restoring grant funding, recalling furloughs, and halting efforts to place more employees on administrative leave, among other actions. Plaintiffs also seek court supervision, and a permanent injunction barring the administration from taking action to dissolve USAID absent congressional authorization.
Update 1: On Feb. 7, 2025, Judge Carl J. Nichols issued a temporary restraining order preventing USAID from placing employees on administrative leave or evacuating them. He rejected the plaintiffs’ request for a restraining order on the funding freeze on the ground that the plaintiffs (USAID employees) could not show sufficient harm to themselves.
Update 2: On Feb. 13, the court extended the TRO until Friday, Feb. 21, at 11:59 PM. Judge Nichols also amended the TRO’s statement to clarify that no USAID employees can be involuntarily evacuated from their host countries while the TRO remains in place.
Update 3: On Feb. 14, the Government submitted a declaration by Pete Marocco, who performs the duties and functions of both Deputy Administrators of USAID; the declaration responds to the court’s questions about government actions to protect USAID employees abroad subject to administrative leave or in the event of employees staying voluntarily beyond the time of an evacuation.
Update 4: On Feb. 21, Judge Nichols issued an Order and Memorandum Opinion rejecting the preliminary injunction and dissolving the TRO. His reasoning included that plaintiffs do not face irreparable harm after a series of concessions from Deputy Administrator Marocco, and that they could pursue remedies with administrative bodies governing disputes between the federal government and civil servants.
Update 5: On Mar. 10, Plaintiffs moved for summary judgment, arguing that the court (not administrative bodies) has jurisdiction over the claim, and that Defendants’ actions violate both the Constitution and the Administrative Procedure Act.
Update 6: On Mar. 11, Plaintiffs moved for a temporary restraining order alleging potential destruction of documents, including copy of an internal email from Acting Executive Secretary of USAID Erica Carr to staff.
Update 7: On Mar. 12, the Defendants responded to the Mar. 11 motion for a temporary restraining order and included an affidavit by Carr. The defendants stated that the instruction to destroy documents “had nothing to do with this litigation,” was done to clear space formerly occupied by USAID, and were copies “where the originally classified document is retained by another government agency and for which there is no need for USAID to retain a copy.” | 2025-03-12 | AIDS Vaccine Advocacy Coalition v. United States Department of State (D.D.C.)
Case No. 1:25-cv-00400 | Complaint | 2025-02-10 | Overview: Two nonprofit organizations sued the Trump administration over the suspension of United States Agency for International Development (“USAID”) funding. The organizations argue that the suspensions have harmed their work and employees, exceed the President’s scope of authority, and violate the Constitution. The organizations have asked the court to declare the suspension unlawful, immediately reinstate funding, and stop enforcement of the suspension. The court stopped the enforcement of a blanket suspension of funding but did not stop the underlying Executive Order (EO 14169) which affects employment and contracts. The organizations subsequently argued that the administration failed to comply with the order, to which the court ordered enforcement on the administration but did not expressly acknowledge any noncompliance. The Trump administration appealed this case up to the US Supreme Court. On March 5, 2025, the Supreme Court decided that the administration must continue to pay already appropriated foreign assistance funds.
Case Summary: On Jan. 20, 2025, the Trump administration issued an executive order including a 90-day pause in “foreign development assistance,” and the Secretary of State then issued stop-work orders for United States Agency for International Development (USAID) foreign assistance grants.
Plaintiffs, AIDS Vaccine Advocacy Coalition (AVAC) and Journalism Development Network (JDN), sued for declaratory and injunctive relief to stop the implementation of the Executive Order and the stop-work order. Plaintiffs are two nonprofit organizations that receive federal grants from USAID to support their work. Both AVAC’s and JDN’s funding was appropriated by Congress through the Further Consolidated Appropriations Act. Plaintiffs allege the Executive Order and stop-work order have been detrimental to their work, forcing them to lay off staff, slashing their budgets, and impacting their ability to carry out their missions. They allege the President acted ultra vires and usurped legislative authority. They also allege the President has violated the Take Care Clause. Plaintiffs’ claims against the State Department, USAID, Secretary of State Marc Rubio, Office of Management and Budget (OMB), and OMB Director Vought are that the stop-work orders are arbitrary and capricious in violation of the Administrative Procedure Act, the Anti-Deficiency Act (as an “unlawful reserve”), and the Impoundment Control Act. Plaintiffs seek a declaration from the court that the suspension of foreign aid is unlawful, an injunction stopping defendants from enforcing the Executive Order, and an order to immediately reinstate foreign assistance funding.
Update 1: On Feb. 12, Plaintiffs moved for a TRO enjoining Defendants from enforcing the Executive Order and State Department policy, enjoining stop-work orders, and reinstating foreign assistance funding and administration.
Update 2: On Feb. 13, the court granted a TRO in this case and Global Health Council v. Trump on narrower terms than originally requested. The order enjoins implementation on the blanket suspension of foreign aid funding, but does not enjoin enforcement or implementation of Executive Order 14169, individual personnel decisions, or termination of individual contracts.
Update 3: On Feb. 19, Plaintiffs filed an emergency motion for contempt seeking to enforce the Feb. 13 TRO against Defendants and hold them in civil contempt. Plaintiffs allege that Defendants’ purported compliance with the TRO “strains credulity” and that Defendants have continued to suspend funding and enforce stop-work orders in violation of the court’s orders.
Update 4: On Feb. 20, the court granted in part plaintiffs’ motion for enforcement of the court’s TRO “to the extent Defendants have not complied with the terms of the TRO,” but did not make a finding of contempt, citing “Defendants’ explicit recognition that ‘prompt compliance with the order’ is required.” The granted motion applies to this case and Global Health Council v. Trump.
Update 5: On Feb. 24, plaintiffs in Global Health Council v. Trump filed an emergency renewed motion to enforce the TRO. The court held a hearing the following day and, on Feb. 25, granted the motion for a proposed order requiring the Administration pay all invoices and letter of credit drawdown requests for work completed prior to the TRO, as well as reimbursements on grants and assistance agreements by 11:59 pm on Wednesday, Feb. 26. The court further mandated that the Administration take no actions to impede and must ensure the prompt payment of appropriated foreign assistance funds going forward. The court also reportedly ordered the government to provide the court, by Feb. 26 at noon, with all internal directives to agency employees concerning compliance with the TRO.
Update 6: On Feb. 25, the Government submitted a notice of its decision to appeal the court’s decision to the DC Circuit, and a motion to stay the court’s order pending appeal.
Update 7: On Feb. 26, the district court rejected and the D.C. Circuit dismissed the Government’s motion for a stay.
Update 8: On Feb. 26, the Government filed an application with the U.S. Supreme Court (while the decision before the D.C. Circuit was still pending) to vacate the district court’s TRO and grant an immediate administrative stay. That evening, Chief Justice Roberts granted an administrative stay and ordered a response by the plaintiffs by Feb. 28 at 12:p.m. EST.
Update 9: On Feb. 28, the Plaintiffs filed its opposition to the application.
Update 10: On Mar. 5, the Supreme Court rejected the Defendants’ petition in a 5-4 decision.
Update 11: On Mar. 6, Judge Amir H. Ali ruled from the bench that the government must make outstanding balances to the Plaintiffs by Mar. 10; but did not resolve the payments for foreign aid recipients other than the Plaintiffs, which total near $2 billion.
Update 12: On Mar. 10, Judge Ali granted in part and denied in part the motion for a preliminary injunction. The judge ordered the government to pay nearly $2 billion in foreign assistance for work performed before Feb. 13, but he did not reject the State Department’s review and termination of thousands of foreign aid contracts for work after that date. He ruled that the plaintiffs were not likely to succeed on the claim that the latter actions flowed from the original government directives in violation of the law.
| 2025-03-10 | Global Health Council v. Trump (D.D.C.)
Case No. 1:25-cv-00402 | Complaint | 2025-02-11 | Overview: A group of organizations sued the Trump administration for defunding the United States Agency for International Development (“USAID”), laying off employees, and attempting to dismantle the agency. The group argues that these actions violated the Constitution and federal laws, and exceeded the authority of the agencies and the President. The group has asked the court to void all actions taken by the administration, and stop the administration from implementing the underlying Executive Order (EO 14169). The Trump administration appealed this case up to the US Supreme Court. On March 5, 2025, the Supreme Court decided that the administration must continue to pay already appropriated foreign assistance funds.
Case Summary: A group of for-profit and nonprofit organizations that contract with USAID sued the Trump administration over its recent actions to defund USAID, lay off or furlough employees, and transfer the Agency to be under the State Department. Plaintiffs provide a detailed chronology of the actions, memoranda, and statements that the Administration has issued. In addition to imperiling future projects by freezing future funds, plaintiffs also allege that there is money unpaid for services already performed. ($3,376,832 for Democracy International, approximately $120 million for DAI, $103.6 million for Chemonics, and tens of millions for SBAIC’s members.) Plaintiffs allege that neither the President, nor the Secretary of State, nor the USAID Administrator have the authority to unilaterally withhold already-appropriated funds, citing the Constitution and statutory law prohibiting the unilateral withholding: the Impoundment Control Act and the Anti-Deficiency Act. Plaintiffs also claim violations of the Administrative Procedure Act; that the Executive’s actions were arbitrary and capricious, and contrary to statutory and constitutional law. Plaintiffs ask the court to vacate and set aside all of the defendants’ actions to implement Executive Order 14169 and seek injunctions to prevent defendants from continuing to implement EO 14169 and from “dismantling USAID.”
Update 1: On Feb. 11, Plaintiffs moved for a TRO enjoining implementation of the Executive Order and State Department Memorandum.
Update 2: On Feb. 13, the court granted a TRO in this case and AIDS Vaccine Advocacy Coalition v. United States Department of State on narrower terms than originally requested. The order enjoins implementation on the blanket suspension of foreign aid funding, but does not enjoin enforcement or implementation of Executive Order 14169, individual personnel decisions, or termination of individual contracts.
Update 3: On Feb. 20, the court granted in part plaintiffs’ motion for enforcement of the court’s TRO “to the extent Defendants have not complied with the terms of the TRO,” but did not make a finding of contempt, citing “Defendants’ explicit recognition that ‘prompt compliance with the order’ is required.” The granted motion applies to this case and AIDS Vaccine Advocacy Coalition v. United States Department of State.
Update 4: On Feb. 24, plaintiffs filed an emergency renewed motion to enforce the TRO. The court held a hearing the following day and, on Feb. 25, granted the motion for a proposed order requiring the Administration pay all invoices and letter of credit drawdown requests for work completed prior to the TRO, as well as reimbursements on grants and assistance agreements by 11:59 pm on Wednesday, Feb. 26. The court further mandated that the Administration take no actions to impede and must ensure the prompt payment of appropriated foreign assistance funds going forward. The court also reportedly ordered the government to provide the court, by Feb. 26 at noon, with all internal directives to agency employees concerning compliance with the TRO.
Update 5: On Feb. 25, the Government submitted a notice of its decision to appeal the court’s decision to the DC Circuit, and a motion to stay the court’s order pending appeal.
Update 6: On Feb. 26, the district court rejected and the D.C. Circuit dismissed the Government’s motion for a stay.
Update 7: On Feb. 26, the Government filed an application with the U.S. Supreme Court (while the decision before the D.C. Circuit was still pending) to vacate the district court’s TRO and grant an immediate administrative stay. That evening, Chief Justice Roberts granted an administrative stay and ordered a response by the plaintiffs by Feb. 28 at 12:p.m. EST.
Update 8: On Feb. 28, the Plaintiffs filed its opposition to the application.
Update 9: On Mar. 5, the Supreme Court rejected the Defendants’ petition in a 5-4 decision.
Update 10: On Mar. 6, Judge Amir H. Ali ruled from the bench that the government must make outstanding balances to the Plaintiffs by Mar. 10; but did not resolve the payments for foreign aid recipients other than the Plaintiffs, which total near $2 billion.
Update 11: On Mar. 10, Judge Ali granted in part and denied in part the motion for a preliminary injunction. The judge ordered the government to pay nearly $2 billion in foreign assistance for work performed before Feb. 13, but he did not reject the State Department’s review and termination of thousands of foreign aid contracts for work after that date. He ruled that the plaintiffs were not likely to succeed on the claim that the latter actions flowed from the original government directives in violation of the law.
| 2025-03-10 | Personal Services Contractor Association v. Trump et al (D.D.C.)
Case No. 1:25-cv-00469
| Complaint | 2025-02-18 | Overview: The Personal Services Contractor Association, representing contractors from the US Agency for International Development (“USAID”), challenged President Donald Trump’s Executive Order that suspended U.S. foreign aid and began dismantling USAID. They seek both an immediate temporary restraining order and a permanent injunction to prevent USAID's dismantling and the freezing of congressionally appropriated foreign assistance funds.On Mar. 6, a federal judge denied the contractors’ request for the temporary restraining order.
Case Summary: On Jan. 20, 2025, the Trump administration issued an executive order including a 90-day pause in “foreign development assistance,” and the Secretary of State then issued stop-work orders for United States Agency for International Development (USAID) foreign assistance grants.
The Personal Services Contractor Association filed suit on Feb. 18, 2025, challenging Executive Order 14169 and subsequent actions that effectively suspended U.S. foreign aid and began dismantling USAID. The plaintiffs, representing USAID contractors, allege these actions have caused severe disruption, including contractors being locked out of facilities and email, facing eviction overseas, losing access to healthcare, and being unable to carry out humanitarian aid work. The plaintiffs bring four causes of action: (1) violation of separation of powers against Trump, (2) violation of the Take Care Clause against Trump, (3) violation of the Administrative Procedure Act (APA) for arbitrary and capricious actions against all defendants except Trump, and (4) violation of the APA for actions not in accordance with law (including under the Impoundment Act and Anti-Deficiency Act) against all defendants except Trump. The plaintiffs seek both immediate temporary relief (to restore USAID contractors to their pre-January 20 employment status and work conditions) and permanent injunctive relief to prevent USAID's dismantling, its absorption into the State Department, and the freezing of congressionally-appropriated foreign assistance funds without congressional approval. They also request ongoing compliance monitoring through regular status reports.
Update 1: On Feb. 19, Plaintiffs submitted a motion for a temporary restraining order, including 13 Declarations as Exhibits.
Update 2: On Mar. 6, Judge Carl Nichols ruled from the bench denying the contractors' request for the temporary restraining order. Judge Nichols said the complaints should be adjudicated by the board of contract appeals or the U.S. Court of Federal Claims. The judge also said the plaintiffs had not established that they would suffer irreparable harm or that a TRO was in the public interest. | 2025-03-06 | | Executive Action: Denial of State Department Funds |
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National Endowment for Democracy v. United States (D.D.C.)
Case No. 1:25-cv-00648 | Complaint | 2025-03-05 | Case Summary: The National Endowment for Democracy (NED) filed suit challenging the Executive Branch’s withholding of funds appropriated to the Endowment by Congress. The NED was established by the National Endowment for Democracy Act of 1983. In the Act, Congress specified that the NED would be funded by annual congressional appropriations, which would then be disbursed to the Endowment via grants from the Department of State. The statute also prescribes that the Endowment must withdraw funds from an account held by the Department of Treasury on an as-needed basis.
The complaint alleges that for the past month, “the Executive Branch has denied the Endowment access to its congressionally appropriated funds—something that has never occurred before in the Endowment’s forty-two-year existence.” As a result, the Endowment claims it is “experiencing a devastating cash flow crisis that jeopardizes its ability to fulfill its mission and its very existence, as well as that of its core institutes and grantees.” The complaint alleges that the Executive Branch is obligated by the NED Act to grant the funds appropriated by Congress, and by not doing so, it is acting “contrary to law and in excess of statutory authority because the statutory scheme creates a mandatory, non-discretionary duty for Defendants to make available, obligate, and disburse the Endowment’s congressionally appropriated funds.” The complaint argues that the administration’s actions constitute an “unlawful impoundment” in violation of the Administrative Procedure Act, the All Writs Act, the Presentment Clause, the Appropriations Clause, the Take Care Clause, and the Separation of Powers. Plaintiffs seek declaratory and injunctive relief, a temporary restraining order and preliminary injunction barring Defendants from impounding the Endowment’s funds.
Update 1: On Mar. 6, plaintiffs filed a motion for a temporary restraining order. | 2025-03-06 | | Dismantling the U.S. African Development Foundation (Executive Order 14127) |
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Brehm v. Marocco (D.D.C.)
Case No. 1:25-cv-00660 | Complaint | 2025-03-06 | Overview: President Donald Trump issued an Executive Order to eliminate parts of four government offices, including the U.S. African Development Foundation (USADF). Ward Brehm, a USADF Board member, received a notice of termination after USADF refused to provide DOGE with access to USADF information systems, and Pete Marocco was appointed as acting Chair. Brehm filed a lawsuit against Marocco, DOGE, and Trump, seeking to stop his removal and Marocco’s appointment and requesting a temporary block. A federal judge has denied Brehm’s request to temporarily block his removal and Marocco’s appointment while the case proceeds.
Case Summary: On Feb. 19, President Trump issued Executive Order 14127, which directed that “non-statutory components and functions” of four government entities, including the U.S. African Development Foundation (USADF), “be eliminated,” among other actions. On Feb. 21, DOGE allegedly demanded access to USADF information systems, and USADF staff informed them of legal requirements that DOGE employees would have to satisfy before access was provided. On Feb. 24, Ward Brehm, a member of the USADF Board, allegedly received notice from the White House Presidential Personnel Office (PPO) that he had been terminated. On Feb. 28, USADF management allegedly received a letter from PPO appointing Pete Marocco as acting Chair of the Board of USADF. On Mar. 3, previously appointed members of the Board allegedly held an emergency meeting and determined that Marocco’s appointment was unlawful. On Mar. 5, Brehm allegedly informed DOGE that Marocco did not hold a position with USADF and instructed USADF staff to deny him access to its offices.
On Mar. 6, Brehm in his personal and official capacity, filed suit against Marocco, DOGE, and President Trump, arguing the defendants actions are (1) an ultra vires violation of the African Development Foundation Act as Marocco was neither nominated to the Board nor confirmed by the Senate; (2) an ultra vires violation of the separation of powers; (3) a violation of the APA as not in accordance with the law and in excess of statutory authority. Brehm seeks a declaratory judgment that he is the President of USADF and Marocco’s appointment was unlawful; preliminary and permanent injunctive relief; and, in the alternative, a writ of mandamus prohibiting his removal by any entity other than the Board.
The same day, plaintiff filed a motion for a temporary restraining order.
Update 1: On Mar. 6, Judge Richard J. Leon issued an administrative stay prohibiting Brehm from being removed from office and Marocco from being appointed to the Board.
Update 2: On Mar. 11, Judge Leon issued a Memorandum Order denying the TRO request. “The heart of the problem is that Brehm has not identified any cognizable irreparable harm to himself as opposed to potential harm to the agency and its partners,” Judge Leon wrote (emphasis in original). As an aside, Judge Leon wrote that “Brehm raise[sic] a colorable Appointment Clause claim,” that the Vacancy Act does not permit the appointment of Marocco and “[t]he Court has not found–nor has the Government identified–any other statute that provides President Trump with the authority to appoint Marocco as the Acting Chairman of the Board.”
| 2025-03-11 | | Executive Action: Dismantling of Consumer Financial Protection Bureau |
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National Treasury Employees Union v. Russell Vought (D.D.C.)
Case No. 1:25-cv-00381 | Complaint (Feb. 6, 2025)
Amended Complaint (Feb. 13, 2025)
| 2025-02-09 | Overview: National Treasury Employees Union, representing employees across 37 federal agencies and departments including the Consumer Financial Protection Bureau (“CFPB”), challenged the Trump Administration's efforts to shut down the CFPB and requested a temporary restraining order against the CFPB and Acting Director Russell Vought. A federal judge ordered the Administration to stop deleting and removing records, terminating employees without cause, or disbursing funds except for operating expenses, while the case proceeds.
Case Summary: The Consumer Financial Protection Bureau (CFPB) was created by Congress in the aftermath of the 2007–2008 great recession, to support and protect American consumers in the financial marketplace. On Feb. 7, 2025, Elon Musk posted “CFPB RIP” with a tombstone emoji on his X account. On Feb. 8, Russell Vought, the Acting Director of the CFPB, posted on X that he had notified the Federal Reserve that CFPB would not take “its next draw of unappropriated funding because it is not ‘reasonably necessary’ to carry out its duties.” In an email to CFPB employees, Vought directed the CFPB workforce to “cease all supervision and examination activity,” “cease all stakeholder engagement,” pause all pending investigations, not issue any public communications, and pause “enforcement actions.” He also notified the CFPB workforce that the Washington headquarters would be closed for the coming week. Plaintiffs allege that preventing CFPB from drawing down more funding and ordering a halt on enforcement activities constitutes an unlawful attempt to thwart Congress’s decision to create CFPB, which would be a violation of the separation of powers. They seek a declaratory judgment that Vought’s directives are unlawful and an injunction that prevents him from further attempts to dismantle CFPB’s supervision and enforcement work.
Update 1: On Feb. 13, Plaintiffs moved for an administrative stay and TRO enjoining defendants from taking action to terminate CFPB staff, requiring that cease work directives be lifted, and enjoining further efforts to suspend operations at CFPB.
Update 2: On Feb. 14, 2025, the court ordered that the defendants not delete, destroy, remove, or impair records; terminate any employee other than for cause or issue any notice of reduction-in-force to any CFPB employee; or disburse any funds, except to satisfy CFPB’s operating obligations, pending the resolution of plaintiffs’ motion for a TRO. The order also reclassified plaintiffs’ motion for a TRO as a motion for a preliminary injunction. | 2025-02-14 | Mayor and City Council of Baltimore et al. v. CFPB (D. Md.)
Case No. 1:25-cv-00458-ABA
| Complaint | 2025-02-12 | Overview: The Mayor and City Council of Baltimore, along with nonprofit Economic Action Maryland Fund, sued the Consumer Financial Protection Bureau (“CFPB”) and Acting Director Russell Vought challenging their actions to defund and halt operations at the CFPB. A federal judge ordered the Administration to stop transferring or relinquishing control of reserve funds, returning any reserve funds to the Federal Reserve or the Department of Treasury, or otherwise reducing funds except for operating expenses while the case proceeds.
Case Summary: On Feb. 7, 2025, President Trump named OMB Director Russell Vought as the Acting Director of the Consumer Financial Protection Bureau (CFPB). On Feb. 8, Vought instructed CFPB employees to stop performing any work tasks and notified the Federal Reserve Board of Governors that he was requesting $0 for the third quarter of fiscal year 2025. Plaintiffs allege that these and other statements and actions by Vought, President Trump, and Elon Musk indicate that the CFPB will be deprived of operating funds and will be unable to perform its statutorily mandated functions. Plaintiffs allege that the Baltimore City Law Department has an active account with the CFPB and uses the CFPB customer complaint database and attends trainings put on by the CFPB. Plaintiffs also claim injury because their constituents will be deprived of the CFPB’s enforcement actions against predatory business practices. The second plaintiff, Economic Action Maryland Fund, is a direct services nonprofit that operates in Maryland. For part of its work, the organization relies on the CFPB complaint databases and other resources CFPB publishes under the Home Mortgage Disclosure Act. Plaintiffs claim that defendants’ actions violate the Administrative Procedure Act (including that Vought’s actions allegedly violate the statutory requirement for the Director to request transfer of an amount “reasonably necessary to carry out the authorities of the Bureau under Federal consumer financial law.” Plaintiffs seek a declaratory judgment saying as much, as well as an injunction that would prevent defendants from defunding CFPB.
Update 1: On Feb. 12, Plaintiffs moved for a TRO enjoining defendants from defunding the CFPB, to which the government responded in opposition on Feb. 20.
Update 2: On Feb. 25, Judge Matthew J. Maddox issued an order that prevented the defunding of CFPB, and on Feb. 28, the judge issued an order extending that directive for another 14 days. | 2025-02-28 | | Executive Action: Dismantling the Department of Education |
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State of New York v. McMahon (D.Mass)
Case No. 1:25-cv-10601 | Complaint | 2025-03-13 | Overview:Twenty states and the District of Columbia requested the court to halt the announced Department of Education (DOE) and the Trump administration’s planned Reduction in Force (RIF) of half of the remaining employees of the DOE and closure of the DOE. The states based their claims on violations of the constitutional separation of powers and the Executive’s duty of care to execute laws, and as arbitrary and capricious under the Administrative Procedure Act.
Case Summary: On March 13, the Attorneys General of twenty states and the District of Columbia sued the DOE and the Trump administration to halt a planned Reduction in Force (RIF), which would reduce DOE’s staff of 4,133 by approximately 1,378. The RIF is itself only an announced “first step” in a “total shutdown” by Secretary of Education Linda McMahon, the complaint alleges. The suit points to statutory authority that mandates DOE functions under the 1979 Department of Education Organizing Act and other Acts including the Elementary and Secondary Education Act (1965) and Individuals with Disabilities Education Act (1975), and other education, disability, and civil rights laws. It states the Secretary of DOE is only authorized to reorganize by “allocat[ing] or reallocat[ing] functions among the officers of the Department” or modifying “organizational entities within the Department as may be necessary or appropriate,” 20 U.S.C. § 3473(a). Under counts alleging constitutional violations, ultra vires (acts outside of statutory authority), and violations of the Administrative Procedure Act, the states move the Court to vacate efforts to “dismantle” the DOE, to declare them illegal, and to enjoin the RIF.
| 2025-03-13 | | Executive Action: Termination of Inspectors General |
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Storch et al. v. Hegseth et al. (D.D.C.)
Case No. 1:25-cv-00415 | Complaint | 2025-02-12 | Overview: Eight Inspectors General of federal departments and agencies sued the Trump Administration alleging their removal from positions as Inspectors General violated the Inspector General Act and asking the court to allow them to continue in their roles while the case proceeds. A federal judge reportedly told the Inspectors General to withdraw their request to continue in their roles while the case proceeds.
Case Summary: On Jan. 24, 2025, the White House sent two-sentence emails to several Inspectors General (IGs) of federal departments and agencies informing them that they had been terminated from their positions. Plaintiffs, eight IGs, subsequently lost access to their government email accounts and computer systems, and were barred from entering their offices, among other actions. They filed suit, arguing their removal violates the Inspector General Act, which requires Congressional notification 30 days before an IG is removed and substantive, case-specific rationale for removal. The suit also argues defendants’ actions are ultra vires; and that plaintiffs are entitled to a writ of mandamus compelling defendants not to obstruct them in the exercise of their duties. They seek a declaratory judgment that the termination emails are legally ineffective and that plaintiffs remain lawful IGs in their agencies; and an injunction to prevent defendants from taking action to prevent plaintiffs from carrying out their duties as IGs.
Update 1: On Feb. 14, the judge reportedly told lawyers representing the fired inspectors general to withdraw their motion for a temporary restraining order. | 2025-02-14 | | Executive Action: Large-scale reductions in force (Executive Order 14210) |
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National Treasury Employees Union v. Donald Trump (D.D.C.)
Case No. 1:25-cv-00420 | Complaint | 2025-02-12 | Overview: Multiple unions have challenged President Donald Trump’s executive order (EO) to reduce the federal workforce by stripping thousands of civil service members of their employment protections, allowing them to be fired without cause. The unions argue that mass firings, the “deferred resignation” program, and preparations for large-scale reductions in force (“RIFs”) violate the Constitution and federal law. The unions have asked the court to declare these actions unlawful and stop agencies from implementing the RIFs and deferred resignation program.
Case Summary: On Feb. 11, 2025, President Trump issued an executive order instructing agency heads to “undertake preparations to initiate large-scale reductions in force (RIFs).” Plaintiffs allege that the executive order, along with the Office of Personnel Management’s “deferred resignation program,” violates separation of powers principles by undermining Congress’s authority, and the Administrative Procedure Act by imposing RIFs contrary to regulations. They seek a declaration that mass firings and the deferred resignation program are unlawful, along with injunctions to prevent agency heads from implementing RIFs and OPM from extending, expanding, or replicating its deferred resignation program. | 2025-02-12 | Maryland et al. v. U.S. Department of Agriculture et al. (D. Md.)
Case No. 1:25-cv-00748-ABA | Complaint | 2025-03-06 | Case Summary: On Feb. 11, 2025, President Trump issued an executive order instructing agency heads to “undertake preparations to initiate large-scale reductions in force (RIFs).”
Plaintiff States allege that Defendant agencies violated the Administrative Procedure Act by not abiding by the necessary statutory and regulatory requirements for RIF procedures including a required 60-day notice to states and employees; and on ground that the procedures adopted were arbitrary and capricious. They seek declaratory and injunctive relief requiring the Defendant agencies to 1) cease the RIFs of probationary employees; 2) reinstate any employees who were fired as part of the mass terminations that followed President Trump’s second inauguration; 3) refrain from separating any employees pursuant to a RIF prior to reinstatement of the unlawfully terminated employees; and 4) conduct any future RIFs in accordance with applicable law, including providing advance notice to States. | 2025-03-06 | | Executive Action: Termination of probationary employees |
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American Federation Of Government Employees, AFL-CIO v. Office of Personnel Management and Ezell (N.D. Cal.)
Case No. 3:25-cv-01780 | Complaint (Feb. 19, 2025); Amended Complaint (Feb. 23, 2025) | 2025-02-19 | Overview: A group of labor and nonprofit organizations are challenging the Office of Personnel Management’s (“OPM”) order to terminate federal employees en masse. The organizations argue that the terminations have falsely cited performance reasons and violate the Constitution and federal law. The organizations also argue that the OPM has violated federal law by sending emails to employees requesting weekly updates on their work; Elon Musk further stated that failure to comply would be considered a resignation. The organizations have asked the court to declare the mass termination unlawful, void the mass termination order, and rescind unlawful terminations made so far.
Case Summary: On Feb. 13, 2025, the Office of Personnel Management and Acting Director Charles Ezell ordered federal agencies to terminate tens of thousands of probationary employees en masse. Probationary employees are members of the competitive service in their first year of employment or of the excepted service in their first two years of employment, and may also include long-time federal workers who have recently been employed in a new position or a new agency.
Among the factual claims, Plaintiffs allege that Defendants sent agencies “standardized notices of termination, drafted by OPM, that falsely state that the terminations are for performance reasons.” Plaintiffs allege that the mass termination violates multiple requirements under the Administrative Procedure Act and separation of powers principles by overriding Congressional statutes authorizing and regulating agency hiring and firing. They seek a declaration that the mass termination is unlawful and a preliminary or permanent injunction setting aside OPM’s order, ceasing terminations pursuant to the order, and rescinding any prior unlawful terminations.
Update 1: On Feb. 23, Plaintiffs filed an amended complaint alleging that OPM further violated the APA by sending emails to government employees requesting updates on their week-to-week accomplishments and Musk’s stating that “[f]ailure to respond will be taken as a resignation.”
Update 2: On Feb. 27, Judge William Alsup reportedly ruled from the bench that OPM had no legal authority to issue directives for other agencies to fire probationary employees. Alsup noted that, due to jurisdictional issues, his order applies only to employees at six agencies (the National Park Service, National Science Foundation, Small Business Administration, Bureau of Land Management, and Department of Veterans Affairs, and Department of Defense), and that he could not directly order agencies to cease the firings. As for other agencies not covered, Alsup said, “I am going to count on the government to do the right thing, and to go a little bit further than I have ordered, and to let some of these agencies know what I have ruled.”
Update 3: On Feb. 28, Judge Alsup issued an Opinion and a written Order for a TRO. The Order states that OPM’s memos directing the termination of probationary workers were “unlawful, invalid, and must be stopped and rescinded,” and that OPM must provide written notice of the order to the six agencies. | 2025-02-28 | | Executive Action: Assertion of Executive Control of Independent Agencies (Executive Order 14215) |
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Democratic National Committee v. Trump (D.D.C.)
Case No. 1:25-cv-00587 | Complaint | 2025-02-28 | Case Summary: On Feb. 18, 2025, President Trump issued an executive order asserting that the Constitution vests all executive authority in the President, arguing that independent regulatory agencies exercise executive functions, and declaring the administration’s policy that such agencies fall under the supervision and control of the President. Such supervision and control requires independent agencies to abide by the President and Attorney General’s interpretations of the law. Plaintiffs, three national committees of the Democratic Party, filed suit as to how the order applies to the Federal Election Commission, an independent regulatory agency. They ask the court under the judicial review provisions of the Federal Election Campaign Act (FECA) to construe as constitutional the provisions of the Act that vest members of the Commission with authority to interpret it (rather than the President); and they argue the order violates the FECA. They seek declaratory judgment that the FECA is constitutional and that the executive order is unlawful as applied to the FEC; and they seek preliminary and permanent injunctive relief. | 2025-02-
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New Hampshire Indonesian Community Support v. Donald J. Trump (D.N.H.)
Case No. 1:25-cv-38 | Complaint | 2025-01-20 | Overview: An organization with noncitizen members whose unborn children stand to have their citizenship revoked under President Donald Trump’s Executive Order (“EO”) ending birthright citizenship sued Trump alleging the EO is unconstitutional. A federal court temporarily blocked the EO while the lawsuit is pending on the basis that it likely violates the Fourteenth Amendment.
Case Summary: Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants on the basis that people in the United States illegally are not “subject to the jurisdiction thereof.” The ACLU sued the Trump administration on behalf of individuals in New Hampshire who would have their childrens’ citizenship revoked. The ACLU argues that the plain text of the 14th Amendment, as confirmed in U.S. v. Wong Kim Ark (1898), explicitly grants birthright citizenship for all people born in the United States.
Update 1: On Feb. 10, 2025, Judge Joseph N. Laplante issued a preliminary injunction. | 2025-02-10 | O. Doe; Brazilian Worker Center, Inc; La Colaborativa v. Donald J. Trump et al (D. Mass.)
Case No. 1:25-cv-10135-LTS | Complaint | 2025-01-20 | Overview: A group of noncitizen pregnant women with Temporary Protected Status whose unborn children stand to have their citizenship revoked under President Donald Trump’s Executive Order (“EO”) ending birthright citizenship sued Trump alleging the EO is unconstitutional. A federal court temporarily blocked the EO while the lawsuit is pending on the basis that it likely violates the Fourteenth Amendment. Trump has appealed the court’s decision.
Case Summary: Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants on the basis that people in the United States illegally are not “subject to the jurisdiction thereof.” A group of pregnant women whose children would not receive citizenship sued; the plaintiff identified as “O. Doe” lives in Massachusetts and has temporary protected status in the United States. The suit argues that the plain text of the 14th Amendment, as confirmed in U.S. v. Wong Kim Ark (1898), explicitly grants birthright citizenship for all people born in the United States.
Update 1: On Feb. 13, Judge Leo T. Sorokin issued an opinion granting a preliminary injunction enjoining the government from implementing and enforcing Executive Order No. 14,160, “Protecting the Meaning and Value of American Citizenship,” against plaintiff O. Doe, or any member of La Colaborativa or Brazilian Worker Center.
Update 2: On Feb. 19, Defendants submitted a notice of appeal to the First Circuit. | 2025-02-19 | State of New Jersey et al v. Donald J. Trump et al (D. Mass.)
Case No. 1:25-cv-10139 | Complaint | 2025-01-21 | Overview: A broad coalition of states sued President Donald Trump alleging his Executive Order (“EO”) revoking birthright citizenship for children of undocumented immigrants and others is unconstitutional. A federal court temporarily blocked the EO while the lawsuit is pending on the basis that it likely violates the Fourteenth Amendment; and the Fourth Circuit denied the defendants’ motion for a stay.
Case Summary: Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants on the basis that people in the United States illegally are not “subject to the jurisdiction thereof.” The attorneys general of 22 states, the District of Columbia, and the City of San Francisco sued to protect residents who would lose their citizenship under the executive order. The suit argues that the plain text of the 14th Amendment, as confirmed in U.S. v. Wong Kim Ark (1898), explicitly grants birthright citizenship for all people born in the United States.
Update 1: On Feb. 13, Judge Leo T. Sorokin issued an opinion granting a preliminary injunction enjoining the government from implementing and enforcing Executive Order No. 14,160, “Protecting the Meaning and Value of American Citizenship.”
Update 2: On Feb. 19, the Defendants submitted a notice of appeal to the First Circuit, and a motion to stay the district court order on appeal.
Update 3: On Feb. 26, Judge Sorokin denied defendants’ motion to stay the preliminary injunction pending resolution of their appeal.
Update 4: On March 11, the First Circuit denied the government’s motion for a stay. | 2025-03-11 | Casa v. Donald Trump (D. Md.)
Case No. 8:25-cv-00201-DLB | Complaint | 2025-01-21 | Overview: CASA and Asylum Seeker Advocacy Project (two immigrant rights organizations) and a group of noncitizen pregnant women whose unborn children stand to have their citizenship revoked under President Donald Trump’s Executive Order (“EO”) ending birthright citizenship sued Trump alleging the EO is unconstitutional. A federal court temporarily blocked the EO while the lawsuit is pending on the basis that it likely violates the Fourteenth Amendment.
Case Summary: Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants on the basis that people in the United States illegally are not “subject to the jurisdiction thereof.” The plaintiffs, including immigrant rights organizations CASA and ASAP, as well as individual immigrant parents, argue that the Executive Order violates the Fourteenth Amendment and federal statute 8 U.S.C. § 1401(a), both of which guarantee citizenship to all persons born in the U.S. The complaint asserts that the executive order exceeds presidential authority and causes irreparable harm by stripping constitutionally protected rights from children born to immigrants (e.g., the right to remain in the United States, access public benefits, and participate fully in civic life) and destabilizes their families, potentially leaving children stateless and separating them from their parents.
Update 1: On Feb. 5, 2025, Judge Deborah Boardman issued an opinion granting the plaintiffs’ motion for a preliminary nationwide injunction blocking implementation of the birthright citizenship Executive Order.
Update 2: On Feb. 13, the Defendants submitted a notice of appeal to the Fourth Circuit. | 2025-02-05 | Franco Aleman et al. v. Trump et al. (W.D. Wash.)
Case No. 2:25-cv-00163-JCC | Complaint | 2025-01-24 | Overview: A group of noncitizen pregnant women whose unborn children stand to have their citizenship revoked under President Trump’s Executive Order (“EO”) ending birthright citizenship sued Trump alleging the EO is unconstitutional. The case was consolidated with State of Washington et al v. Donald J. Trump, combining efforts to block the order on constitutional grounds.
Case Summary: Plaintiffs are non-citizen pregnant women whose due dates are after the implementation date of the Executive Order eliminating birthright citizenship. Plaintiffs bring this suit as a class action on behalf of all others similarly situated. They allege that the EO is a violation of the Fourteenth Amendment and seek an injunction to enjoin Defendants from enforcing the EO.
Update 1: On Jan. 27, State of Washington et al v. Donald J. Trump (complaint) was consolidated with this case. | 2025-01-27 | State of Washington et al v. Donald J. Trump et al (W.D. Wash.)
Case No. 2:25-cv-00127-JCC | Complaint | 2025-01-21 | Overview: The states of Washington, Arizona, Illinois and Oregon sued to block President Donald Trump's Executive Order (“EO”) revoking birthright citizenship for children of undocumented immigrants and those with temporary visas, alleging that the EO is unconstitutional. A federal court temporarily blocked the EO while the lawsuit is pending on the basis that it likely violates the Fourteenth Amendment. Trump has appealed the court’s decision.
Case Summary: Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants on the basis that people in the United States illegally are not “subject to the jurisdiction thereof.” Four states sued to protect residents who would lose their citizenship under the executive order. The suit argues that the plain text of the 14th Amendment, as confirmed in U.S. v. Wong Kim Ark (1898), explicitly grants birthright citizenship for all people born in the United States.
Update 1: On Jan. 23, 2025, Judge John Coughenour of the Western District of Washington issued a temporary restraining order against the Executive Order.
Update 2: On Jan. 27, Franco Aleman v. Trump (complaint) was consolidated with this case.
Update 3: On Feb. 6, Judge Coughenour issued an opinion granting the plaintiffs’ motion for a preliminary injunction enjoining implementation of the Executive Order.
Update 4: On Feb. 6, defendants appealed to the Ninth Circuit Court (case no. 25-807).
Update 5: On Feb. 12, defendants made an emergency motion to stay the district court’s injunction.
Update 6: On Feb. 19, the Ninth Circuit issued an order denying the government’s emergency motion to stay the district court’s injunction and leaving the existing briefing schedule unchanged. | 2025-02-19 | OCA–Asian Pacific American Advocates v. Marco Rubio et al (D.D.C.)
Case No. 1:25-cv-00287 | Complaint | 2025-01-30 | Overview: Asian Pacific American Advocates (a non profit organization) sued to block President Donald Trump’s Executive Order (“EO”) revoking birthright citizenship for children of undocumented immigrants and those with temporary visas, alleging that the EO is unconstitutional. The lawsuit argues that the EO violates the Constitution, federal statutes, and the Administrative Procedure Act.
Case Summary: Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants and for the children of parents on lawful temporary visas on the basis that they are not “subject to the jurisdiction” of the United States. OCA sued Marco Rubio and the heads of other departments and agencies on behalf of at least two pregnant women expected to give birth to children denied citizenship by the order. Both women reside in the United States on lawful, temporary, nonimmigrant visas. OCA argues that the order violates the plain text of the Fourteenth Amendment, statutes (8 U.S.C. § 1401 et seq.), and the Administrative Procedure Act, 5 U.S.C. § 706(2). The suit identifies an injured “subclass” of “Targeted Children” denied the privileges and public benefits afforded to U.S. citizens, seeking declaratory and injunctive relief. | 2025-01-31 | County of Santa Clara v. Trump, et al (N.D. Cal.)
Case No. 5:25-cv-00981 | Complaint | 2025-01-30 | Overview: The County of Santa Clara sued to block President Donald Trump’s Executive Order (“EO”) revoking birthright citizenship for children of undocumented immigrants and those with temporary visas. The lawsuit argues that the EO violates the Constitution, federal statutes, and the Administrative Procedure Act.
Case Summary: Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants and for the children of parents on lawful temporary visas on the basis that they are not “subject to the jurisdiction” of the United States. The County of Santa Clara sued to protect residents who would lose their citizenship or whose U.S.-born children will not receive citizenship and to prevent administrative burdens and loss of tax revenues associated with that prospective loss of citizenship. Santa Clara argues that the order violates the plain text of the Fourteenth Amendment, statutes (8 U.S.C. § 1401 et seq.), and the Administrative Procedure Act, 5 U.S.C. § 706(2), and seeks declaratory and injunctive relief. | 2025-01-31 | Le v. Trump (C.D. Cal.)
Case No. 8:25-cv-00104 | Complaint (under seal per Privacy Act) | 2025-01-20 | Overview: A birthright citizenship case under seal. This case has been stayed while a related case, Washington v. Trump, continues to be litigated.
Case Summary: A birthright citizenship case under seal.
On Jan. 24, 2025, Judge Maame Ewusi-Mensah Frimpong, upon joint agreement by the parties, held briefing in abeyance pending the TRO and preliminary injunction litigation in Washington v. Trump. | 2025-01-24 | New York Immigration Coalition v. Trump et al. (S.D.N.Y.)
Case No. 1:25-cv-01309 | Complaint | 2025-02-13 | Overview: A New York-based coalition of immigrant and refugee organizations and a pregnant noncitizen woman sued to block President Donald Trump’s Executive Order (“EO”) revoking birthright citizenship for children of undocumented immigrants and those with temporary visas. The lawsuit argues that the EO violates the Constitution and the Immigration and Naturalization Act.
Case Summary: Plaintiffs are a nonprofit organization as well as a Venezuelan national, J.V., who has Temporary Protected Status and a pending asylum petition. She is five months pregnant. Plaintiffs allege that the EO violates 8 U.S.C. § 1401(a) and the Citizenship and Equal Protection Clauses of the Fourteenth Amendment. Plaintiffs also seek a permanent injunction against enforcement of the EO. | 2025-02-13 | | Executive Action: Immigration policy — punishment of sanctuary cities and states (Executive Order 14159) (DOJ “Sanctuary Jurisdiction Directives” (Feb. 5, 2025)) |
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Organized Communities Against Deportations et al v. Benjamine Huffman (Acting Secretary of Homeland Security) et al (N.D. Ill.)
Case No. 25-cv-868 | Complaint | 2025-01-25 | Overview: Immigrant advocacy organizations in Chicago filed a lawsuit against Acting Attorney General Benjamine Huffman, challenging policy guidance targeting Sanctuary City policies and related immigration raids. The lawsuit seeks to block the implementation of this guidance on the basis that it violates the Constitution and the Administrative Procedure Act.
Case Summary: Acting Attorney General Benjamine Huffman issued policy guidance that, among other immigration-related policies, instructs the Civil Division of the Department of Justice “to identify state and local laws, policies, and activities that are inconsistent with Executive Branch immigration initiatives and, where appropriate, to take legal action to challenge such laws.” The plaintiffs, Chicago-based immigrant-advocacy organizations, allege that the guidance, and subsequent raids “specifically for the purpose of ending the Plaintiffs’ Sanctuary City advocacy and movement building,” violate the Administrative Procedure Act and the First Amendment. The lawsuit seeks an injunction against the Department of Justice’s guidance. | 2025-01-31 | City and County of San Francisco v. Donald J. Trump, et al (N.D. Cal.)
Case No. 3:25-cv-01350 | Complaint | 2025-02-07 | Overview: Several cities and counties sued President Donald Trump and his administration challenging an Executive Order (“EO”) and a Department of Justice (“DOJ”) memo that, together, would withhold federal funds from Sanctuary Cities. The lawsuit argues that the Trump administration should be blocked from implementing the EO because both the EO and the DOJ memo violate multiple Constitutional provisions and the Administrative Procedure Act.
Case Summary: Trump’s executive order directed the Departments of Justice and Homeland Security to withhold federal funds from sanctuary cities, which the Department of Justice implemented through a Feb. 5, 2025 “Sanctuary Jurisdiction Directives” memorandum. The plaintiffs include various cities and counties. They sued on the grounds that the executive order and DOJ memo violate the Tenth Amendment’s reservation of unenumerated power to the states, separation of powers, the spending clause, the Fifth Amendment’s due process clause, and the Administrative Procedure Act. The lawsuit seeks a declaration that the executive order is unconstitutional and a permanent injunction on any effort to enforce the provisions withholding funding. | 2025-02-07 | City of Chelsea v. Trump (D. Mass.)
Case No. 1:25-cv-10442 | Complaint | 2025-02-23 | Case Summary: Trump’s executive order directed the Departments of Justice and Homeland Security to withhold federal funds from sanctuary cities, which the Department of Justice implemented through a Feb. 5, 2025 “Sanctuary Jurisdiction Directives” memorandum.
Plaintiffs, two Massachusetts cities that identify as a “sanctuary city” and a “welcoming community,” allege that the executive order and DOJ memo violate the Tenth Amendment’s reservation of unenumerated power to the states, separation of powers, the spending clause, the Fifth Amendment’s due process clause, and the Administrative Procedure Act. They seek declaratory judgment that the executive order and DOJ memo are statutorily unlawful and unconstitutional and that the cities are not criminally liable under the policies, and preliminary and permanent injunctions against implementation of the executive order and DOJ memo. | 2025-02-23 | | Executive Action: Immigration Policy – “Expedited Removal” (Executive Order 14159) |
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Make the Road New York v. Benjamine Huffman (Acting Secretary of Homeland Security) et al (D.D.C.)
Case No. 1:25-cv-00190 | Complaint | 2025-01-22 | Overview: Make the Road New York (a grassroots immigrant-led organization in New York State) challenged the Trump administration's expedited deportation of certain immigrants without a court hearing, arguing that the new rule should be declared unconstitutional and vacated and its implementation blocked because it violates the Constitution, immigration law, and administrative procedures.
Case Summary: Trump’s executive order directed the Department of Homeland Security to expand the use of expedited removal under the Immigration and Nationality Act (INA) to include noncitizens located anywhere in the U.S. who cannot prove they have been continuously present for more than two years. The plaintiff, Make the Road New York (MRNY), argues the rule violates the Fifth Amendment’s Due Process Clause, the INA, and the Administrative Procedure Act (APA) by subjecting individuals to summary deportation without adequate procedural safeguards. The suit claims the rule is arbitrary, exceeds statutory authority, and disregards legal and constitutional protections against wrongful removal. | 2025-01-31 | | Executive Action: Immigration Policy – Discontinuation of CBP One app (Executive Order 14165) |
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Las Americas Immigrant Advocacy Center et al v. U.S. Department of Homeland Security (D.D.C.)
Case No. 1:24-cv-01702
Motion for TRO: 1:24-cv-01702-RC - Dkt. No. 71 | Complaint
Motion for TRO (underlying case filed June 12, 2024) | 2025-01-23 | Overview: Las Americas Immigrant Advocacy Center (a non-profit organization based in Texas) and the ACLU initially sued the Biden administration to challenge a rule limiting asylum access, including in relation to the CBP One app that was used to schedule appointments to request asylum. After the Trump administration's directive to shut down the CBP One app, Plaintiffs filed a motion to temporarily block this action; the court denied the motion on February 6, 2025.
Case Summary: The Trump administration executive order directs the Department of Homeland Security to cease operation of the CBP One app, which was created by the Biden administration to enable asylum seekers to schedule appointments to request asylum. The Las Americas Immigrant Advocacy Center and the ACLU had previously sued to challenge a Biden administration rule that limited asylum access to those presenting at a port of entry or falling under another narrow exception. In response, the government argued that the CBP One app remained as a pathway by which asylum-seekers could request appointments. In light of the discontinuation of the CBP One app, Las Americas, et al, filed a motion for a temporary restraining order and requested an immediate status conference and leave to file supplemental briefings to address the government’s position.
Update 1: On Feb. 6, the court denied the motion for a temporary restraining order on the basis that the court lacked authority to order the government to parole noncitizens into the United States, determining that this power is wielded exclusively at the discretion of the Secretary of Homeland Security. | 2025-02-06 | | Executive Action: Access of Lawyers to Immigrants in Detention (Executive Order 14159) |
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Amica Center for Immigrant Rights et al. v. U.S. Department of Justice (D.D.C.)
Case No. 1:25-cv-00298 | Complaint | 2025-01-31 | Overview: Nine immigrant advocacy organizations filed a lawsuit against the Department of Justice, challenging the stop-work order that halted funding for legal resource programs for unrepresented immigrants facing deportation. The lawsuit seeks to temporarily block the order on the basis that it violates the Constitution and the Administrative Procedure Act.
Case Summary: In 2024, Congress appropriated funds for two immigration programs, the Legal Orientation Program (LOP) and Immigration Court Helpdesk (ICH). On Jan. 22, 2025, the Department of Justice Executive Office for Immigration Review (EOIR) issued a stop-work order that halted funding for four programs providing legal resources to unrepresented people facing deportation. The EOIR action was taken purportedly to “audit” the programs pursuant to the Trump administration executive order. Nine advocacy and immigrant legal services organizations sued, arguing that terminating funding for the programs is arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with the law under the Administrative Procedure Act (APA); violates the Appropriations Clause in the case of the LOP and ICH; and violates the First Amendment by denying the plaintiffs access to courthouses and immigration detention centers. The suit seeks a temporary restraining order and preliminary injunction and to enjoin the government from stopping the programs, refusing to spend appropriated funds, preventing the plaintiffs from accessing immigration courts houses and detention centers, and removing materials and posters the plaintiffs have posted in those locations. | 2025-01-31 | | Executive Action: DHS Revocation of Temporary Protected Status (TPS) (vacatur of Venezuelan TPS; termination of Venezuelan TPS) |
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National TPS Alliance et al. v. Noem (N.D. Cal.)
Case No. 25-cv-1766 | Complaint | 2025-02-19 | Overview: The National TPS Alliance (an organization representing individuals with Temporary Protected Status (TPS) in the U.S.) and individuals from Venezuela who have TPS challenged the Trump administration's decision to terminate TPS for Venezuelans in the U.S., arguing that the action was unlawful and motivated by racial bias.
Case Summary: On Jan. 17, 2025, near the end of President Joe Biden’s term, DHS Secretary Mayorkas extended the designation of Temporary Protected Status (TPS) for Venezuelans living in the United States. On Jan. 28, President Trump’s newly-confirmed DHS Secretary Kristi Noem vacated that extension, and days later she terminated TPS for Venezuelans who had first registered for protected status in 2023.
Plaintiffs allege that DHS lacks authority to “vacate” a prior TPS extension, but even if it did have such authority, the Secretary’s justifications are “arbitrary and capricious, contrary to law, pretextual, and inexplicably deviate from past practice in violation of the Administrative Procedure Act.” Citing Secretary Noem’s references to Venezuelan TPS holders as “dirtbags,” Plaintiffs also allege that the Secretary’s actions were motivated at least partly by racial animus, in violation of the Fifth Amendment. Plaintiffs request that the court declare unlawful and set aside DHS’s vacatur and termination orders and reinstate the prior TPS extension. | 2025-02-19 | Casa, Inc. and Make the Road New York v. Noem (D. Md.)
Case No. 8:25-cv-00525 | Complaint | 2025-02-20 | Overview: CASA and Make the Road New York (two nonprofit organizations) challenged the Trump administration’s decision to terminate Temporary Protected Status for Venezuelans in the U.S., arguing that the action was unlawful and motivated by racial bias.
Case Summary: On Jan. 17, 2025, near the end of President Joe Biden’s term, DHS Secretary Mayorkas extended the designation of Temporary Protected Status (TPS) for Venezuelans living in the United States. On Jan. 28, President Trump’s newly-confirmed DHS Secretary Kristi Noem vacated that extension, and days later she terminated TPS for Venezuelans who had first registered for protected status in 2023.
Plaintiffs allege that Secretary Noem, in bypassing the standard process for conducting TPS reviews, violated the Administrative Procedure Act. Citing Secretary Noem’s references to Venezuelan TPS holders as “dirtbags” and statements by President Trump, Plaintiffs also allege that Defendants’ vacatur and termination of TPS designation was motivated by discriminatory intent and racial animus, in violation of the Fifth Amendment. Plaintiffs request that the court declare unlawful and set aside DHS’s vacatur and termination orders and reinstate the prior TPS extension. | 2025-02-20 | Haitian Americans United Inc. v. Trump (D. Mass.)
Case No. 1:25-cv-10498 | Complaint | 2025-03-03 | Case Summary: On Jan. 17, 2025, near the end of President Joe Biden’s term, DHS Secretary Mayorkas extended the designation of Temporary Protected Status (TPS) for Venezuelans living in the United States. On Jan. 28, President Trump’s newly-confirmed DHS Secretary Kristi Noem vacated that extension, and days later she terminated TPS for Venezuelans who had first registered for protected status in 2023. Additionally, on Feb. 20, Secretary Noem announced a “partial vacatur” of the previous administration’s extension of TPS status for Haitian nationals.
Plaintiffs allege that Secretary Noem, in bypassing the standard process for conducting TPS reviews, violated the Administrative Procedure Act as arbitrary and capricious toward both the Venezuelan and Haitian migrants. Citing Secretary Noem’s references to Venezuelan TPS holders as “dirtbags” and President Trump’s stigmatization of Haitians, Plaintiffs also allege that Defendants’ vacatur and termination of TPS designation was motivated by discriminatory intent and racial animus, in violation of the Fifth Amendment. Plaintiffs request that the court declare unlawful and stop enforcement of the Haitian and Venezuelan vacatur and termination orders. | 2025-03-03 | | Executive Action: Immigration Policy – Termination of categorical parole programs (Executive Order 14165) |
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Doe v. Noem (D. Mass.)
Case No. 1:25-cv-10495 | Complaint | 2025-02-28 | Case Summary: The Trump administration executive order directs the Department of Homeland Security to terminate all categorical parole programs contrary to the president’s executive orders. In effect, this ended the following programs: Uniting for Ukraine (U4U), Parole Processes for Cuba, Haiti, Nicaragua, and Venezuela (CHNV), and Operation Allies Welcome (OAW). Subsequently, on Feb. 14, Acting Deputy Director of USCIS Andrew Davidson issued a memorandum (not yet made public) to various USCIS directorates and program officers directing them not to adjudicate immigration benefit requests filed by noncitizens who are or were paroled into the United States under: U4U; CHNV; family reunification parole processes created in 2023 for nationals of Colombia, Ecuador, El Salvador, Guatemala, and Honduras; a family reunification parole processes for Haitians that was created in 2014 and expanded in 2023; and a family reunification parole process for Cubans that was created in 2007 and expanded in 2023.
Plaintiffs in this class action contend that both Executive Order 14165 and the Davidson memo violate the Administrative Procedure Act and the Due Process Clause of the Fifth Amendment to the U.S. Constitution. As such, Plaintiffs request an injunction in order to restore the status quo ante. | 2025-02-28 | | Executive Action: Proclamation Prohibiting Non-Citizens from Invoking Asylum Provisions” (Proclamation 10888) |
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Refugee and Immigrant Center for Education and Legal Services v. Noem (D.D.C.)
Case No. 1:25-cv-00306 | Complaint | 2025-02-03 | Overview: Three nonprofit organizations challenged a proclamation by President Donald Trump that disallows immigrants from remaining in the U.S. while pursuing asylum claims. The lawsuit argues that the proclamation violates multiple laws and Constitutional provisions. After the Trump administration agreed not to use the proclamation to deport individual asylum-seekers during the litigation, a federal judge denied the emergency motion to pause the implementation of the proclamation.
Case Summary: Trump’s proclamation bars immigrants who arrive after the date of the proclamation from invoking provisions of the Immigration and Nationality Act that would permit them to remain in the United States while pursuing asylum claims. The plaintiffs, three nonprofit organizations in Texas and Arizona providing legal services and assistance to undocumented individuals or asylum seekers, argue that the order violates the following statutory and constitutional provisions:
1. the Asylum Statute in the INA, 8 U.S.C. § 1158(a)(1) (by barring noncitizens from applying for asylum in direct contradiction to congressional protections);
2. the Withholding of Removal Statute, 8 U.S.C. § 1231(b)(3) (by preventing noncitizens from seeking protection from persecution based on race, religion, nationality, membership in a particular social group, or political opinion);
3. the Foreign Affairs Reform and Restructuring Act (FARRA), 8 U.S.C. § 1231, and the Convention Against Torture (CAT) (by depriving noncitizens of a meaningful opportunity to present CAT claims and shielding them from potential torture);
4. the Trafficking Victims Protection Reauthorization Act (TVPRA), 8 U.S.C. § 1232(a)(5)(D) (by denying unaccompanied children from non-contiguous countries their statutory right to regular removal proceedings);
5. the INA’s procedural protections for removal, 8 U.S.C. §§ 1101, 1229a, 1225(b) (by overriding mandated removal proceedings and eliminating procedural protections, including credible fear screenings);
6. the Administrative Procedure Act (APA), 5 U.S.C. § 706(2)(A) (by implementing policies that are arbitrary, capricious, and contrary to law) and § 706(2)(D) (by failing to follow the required rulemaking process before enacting sweeping changes to statutory protections); and
7. the constitutional separation of powers (by exceeding presidential authority and unlawfully overriding congressionally enacted immigration protections).
The Plaintiffs seek a declaratory judgment that the proclamation is unlawful and an injunction stopping its implementation.
Update 1: On Feb. 19, Plaintiffs filed an emergency motion to stay removal of individual plaintiff non-citizens who are currently detained by the Defendants and could be imminently deported under the proclamation. On Feb. 20, Judge Moss issued an administrative stay in the case until 12 pm on Feb. 24 to allow the government time to gather information to respond, and time for expedited briefing. The court further ordered the Defendants to respond to Plaintiffs’ emergency motion for a stay of removal by Feb. 21.
Update 2: On Feb. 22, Judge Moss denied as moot the emergency motion to stay removal of individual asylum-seekers because the government agreed not to use President Trump’s January 2025 border proclamation to remove them during the litigation. The court ordered that the government must provide at least seven days’ notice before removing any of the plaintiffs during the case and vacated the scheduled hearing. | 2025-02-22 | | Executive Action: Migrant Transfers to Guantanamo (Presidential Memorandum) |
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Perez Parra v. Castro (D. N.M.)
Case No. 1:24-cv-00912-KG-KRS
Dkt. No. 43 | Complaint | 2025-02-09 | Overview: Three Venezuelan men sued the U.S. government to temporarily block their transfer to Guantánamo Bay on the basis that they were already in proceedings contesting their detention. A federal judge granted the temporary restraining order. Subsequently, the three men were deported to Venezuela and the case was dismissed.
Case Summary: Trump’s Presidential Memorandum orders the Secretary of Defense and the Secretary of Homeland Security to prepare the Migrant Operations Center at Naval Station Guantanamo Bay to function at full capacity as a detention center for undocumented migrants. Three Venezuelan men, already part of an existing habeas lawsuit from September 2024 in the District Court of New Mexico, sought to block the administration from transferring them to the Guantanamo facility. Based on their similarities to those previously relocated, the men anticipated being moved as well. The challenge is specific to three specific individuals, under the All Writs Act to preserve the ongoing jurisdiction of the court, and does not seek to block other transfers.
On Feb. 9, Chief District Judge Kenneth J. Gonzales granted a temporary restraining order, barring the U.S. government from transferring the three men.
Update 1: On Feb. 13, Judge Gonzales issued a 1-page Memorandum Opinion and Order noting that the Defendants had filed a Notice that all three petitioners were removed to Venezuela on Feb. 10; and vacated the upcoming status conference.
Update 2: On Feb. 14, the docket reflected a Notice of voluntary dismissal of the case by the three petitioners. | 2025-02-14 | Las Americas Immigrant Advocacy Center v. Noem (D.D.C.)
Case No. 1:25-cv-00418 | Complaint | 2025-02-12 | Overview: A coalition of immigrant advocacy groups, on behalf of families of four Venezuelan nationals believed to have been transferred to Guantánamo Bay, filed a lawsuit challenging President Donald Trump's order to transfer undocumented migrants to Guantánamo Bay. Plaintiffs argue that the U.S. government’s actions violate the Constitution and immigration law and ask the court to allow detainees to have access to lawyers and to have their locations disclosed.
Case Summary: Trump’s Presidential Memorandum orders the Secretary of Defense and the Secretary of Homeland Security to prepare the Migrant Operations Center at Naval Station Guantánamo Bay to function at full capacity as a detention center for undocumented migrants. Plaintiffs are suing on behalf of the families of four Venezuelan nationals who are believed to have been transferred to Guantánamo. Plaintiffs allege the government’s action violates habeas corpus rights, Fifth Amendment Due Process rights, and the Immigration and Naturalization Act’s guarantee of the right to counsel. Plaintiffs further allege that the government’s alleged restriction of information in and out of Guantánamo violates both the plaintiffs’ and the detainees’ First Amendment rights. They seek court orders declaring that the government’s actions violate those rights, permitting access to lawyers, requiring the government to identify the location of detainees held at Guantánamo, requiring the government to provide 72-hours notice prior to any transfer to a foreign jurisdiction, and requiring the government to provide 72-hours notice prior to any transfer of additional noncitizens to Guantánamo.
Update 1: On Feb. 20, the government filed a notice that DHS had removed the immigration detainees from Guantánamo, which the government asserted “eliminates any need for temporary injunctive relief.” Just prior, it filed its Opposition to the Motion for Temporary Restraining Order arguing, among other things, that the Plaintiffs (family members of individuals who had been held at Guantánamo, and advocacy organizations) lacked standing because they were not themselves detained, that the District Court lacked statutory authority to require the government to provide notice before transferring individuals into or out of Guantánamo, and denying the validity of Plaintiffs’ constitutional claims.
Update 2: On Feb. 21, Plaintiffs filed a Reply reasserting their request for a TRO to prevent the government from sending more detainees to Guantánamo.
Update 3: On Feb. 24, Plaintiffs filed a Reply explaining that in spite of the administration’s Feb. 20 notice that all immigrant detainees had been transferred off Guantánamo and the TRO was moot, they had learned via social media that another group of immigrants was being sent to Guantánamo. The Reply adds further factual allegations and legal arguments that immigrant detainees are prevented from having real meaningful access to legal representation. These include that (1) the government and guards at the detention camp do not allow detainees to make phone calls, including by saying “this is a terrorist prison and there is no capacity to make calls” and by limiting available phones and times such that most people cannot use them; (2) unrepresented detainees transferred to Guantanamo do not have access to a legal directory, know your rights briefings, or practical means to meet counsel; and (3) retained counsel face numerous obstacles to representing their clients, including that only five detainees can make phone calls each day, there are no means for attorneys to initiate contact with their clients, and there is no way to transfer or sign paperwork other than the government's announced policy to “generally follow the procedures used in the habeas litigation involving law of war detainees,” and to transfer mail to detainees from Washington, D.C. on a weekly basis.
Plaintiffs argue that these restrictions violate detainees’ First and Fifth Amendment rights, as well as their statutory right to counsel under the Immigration and Nationality Act, as well as the plaintiff advocacy organizations’ First Amendment rights. | 2025-02-24 | Espinoza Escalona v. Noem (D.D.C.)
Case No. 1:25-cv-00604 | Complaint | 2025-03-01 | Case Summary: Trump’s Presidential Memorandum orders the Secretary of Defense and the Secretary of Homeland Security to prepare the Migrant Operations Center at Naval Station Guantánamo Bay to function at full capacity as a detention center for undocumented migrants. Plaintiffs, ten noncitizens in immigration custody in the United States, allege they will be imminently transferred to facilities at Guantánamo. They filed suit, arguing that under the Immigration and Nationality Act, Guantánamo is in Cuba, and therefore transfer would constitute (1) unlawful removal; and (2) unlawful detention. They also argue removal would be (3) an arbitrary and capricious abuse of discretion under the Administrative Procedure Act; (4) a violation of Fifth Amendment Due Process; and (5) a violation of the right to habeas corpus. They seek a declaratory judgment that transfer to and detention in Guantánamo is unlawful and unconstitutional; that the memorandum be vacated; a grant of a writ of habeas corpus to enjoin defendants from transferring plaintiffs to Guantánamo, or if they have been transferred and detained, return to facilities in the United States; and an injunction on future transfers.
The same day, Plaintiffs also filed an emergency motion to stay transfer of plaintiffs. | 2025-03-01 | | Executive Action: Suspension of the U.S. Refugee Admissions Program (Executive Order No. 14163) and Refugee Funding Suspension (Dept of State Notice) |
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Pacito v. Trump (W.D. Wash)
(2:25-cv-255) | Complaint | 2025-02-10 | Overview: Ten plaintiffs, including refugees, U.S. citizens, and resettlement organizations, challenged President Donald Trump’s Executive Order (“EO”) and the State Department’s January 24, 2025 notice that indefinitely suspend refugee admissions and cut federal funding for resettlement programs. The lawsuit argues that these actions violate the Refugee Act, the Administrative Procedure Act, and Constitutional due process rights. A federal judge has issued a nationwide preliminary injunction barring implementation of the EO and the notice.
Case Summary: On Jan. 20, 2025, President Trump issued an executive order indefinitely suspending refugee admissions and processing. The State Department issued a Jan. 24 notice suspending federal funding for resettlement programs. Ten plaintiffs — individual refugees, U.S. citizens, and resettlement organizations (HIAS, Church World Service, and Lutheran Community Services Northwest) — filed a proposed class action seeking injunctions to block implementation of the orders, declaratory judgments that the actions are unlawful, maintenance of refugee processing and resettlement services consistent with the status quo, and confirmation of compliance with such remedies if granted. The lawsuit alleges that the orders have left approved refugees stranded internationally, denied recent arrivals statutorily-mandated support services, and forced layoffs at resettlement institutions.
The complaint asserts that the executive orders violate the Refugee Act’s comprehensive statutory scheme for refugee policy, are arbitrary and capricious under the Administrative Procedure Act for circumventing notice-and-comment requirements and failing to establish a reasoned basis for the change in policy, and breach agency regulations at 8 C.F.R. § 207.7 governing the Follow-to-Join process in violation of the Accardi doctrine requiring government officials to follow the agency’s own rules and procedures. The lawsuit further argues that the orders violate the Fifth Amendment due process rights of U.S. citizens petitioning for family reunification, and violate fundamental separation of powers principles by attempting to redistribute or withhold congressionally appropriated funds to achieve policy objectives.
Update 1: Judge Jamal Whitehead, ruling from the bench, issued a preliminary injunction barring implementation of the executive order.
Update 1: On Feb. 25, Judge Jamal Whitehead, ruling from the bench, issued a preliminary injunction barring implementation of the executive order.
Update 2: On Feb. 28, Judge Whitehead issued a written opinion granting the nationwide preliminary injunction.
Update 3: On Mar. 3, the government submitted a notice of appeal to the Ninth Circuit.
Update 4: On Mar. 5, Plaintiffs filed an amended complaint. Citing continued steps by the administration to dismantle resettlement programs after Judge Whitehead’s preliminary injunction, including the termination of cooperative agreements implementing the resettlement programs, the amended complaint also requests a TRO and preliminary injunction against implementation of the EO. The plaintiffs also submitted a motion for a preliminary injunction on the basis of this amended complaint. | 2025-03-05 | United States Conference of Catholic Bishops v. Department of State et al. (D.D.C.)
Case No. 1:25-cv-00465 | Complaint | 2025-02-18 | Overview: The United States Conference of Catholic Bishops (“USCCB”), whose members are the active Cardinals, Archbishops, and Bishops of the Catholic Church in the U.S. and which provides refugee-resettlement services, sued the Trump administration over its suspension of refugee admissions and funding for resettlement programs. USCCB argues the Trump administration’s actions are illegal under the Administrative Procedure Act and seeks to prohibit the U.S. government from implementing the suspension. A federal judge refused to immediately stop the U.S. government’s actions but agreed to speed up the process for deciding whether to block them.
Case Summary: On Jan. 20, 2025, President Trump issued an executive order indefinitely suspending refugee admissions and processing. The State Department issued a Jan. 24 notice suspending federal funding for resettlement programs. Plaintiff, the United States Conference of Catholic Bishops (USCCB), is part of a public-private partnership with the federal government through the U.S. Refugee Admissions Program, and was providing transitionary resettlement services to more than 6,700 refugees when the State Department suspended funding. USCCB brought suit, arguing the government policy suspending funds for the Refugee Admissions Program is unlawful under the Administrative Procedure Act because it (1) violates the Immigration and Naturalization Act, the Refugee Act of 1980, and the Impoundment Control Act; (2) is an arbitrary and capricious abuse of discretion; and (3) is a substantive role promulgated without required notice-and-comment rulemaking. They seek a declaratory judgment that the suspension is unlawful, and temporary, preliminary, and permanent injunctions prohibiting the government from implementing the suspension and requiring the government to make reimbursements pursuant to the terms of its cooperative agreements.
Update 1: On Feb 20, 2025, Judge Trevor N. McFadden denied the request for a temporary restraining order, but ordered an expedited briefing schedule for the preliminary injunction motion.
Update 2: On Feb. 24, Plaintiffs filed a supplemental memorandum in support of the motion for a preliminary injunction.
Update 3: On Mar. 3, Plaintiffs filed an amended complaint, an amended motion for a preliminary injunction, and a memorandum in support of that motion; and Judge McFadden ruled that the prior motions for a preliminary injunction are moot in light of the new motion. The amended complaint and the amended motion for a preliminary injunction are in response to new developments in the case, e.g., on Feb. 27, the State Department terminated the cooperative agreements with USCCB for refugee resettlement. This termination changed the nature of the dispute from a suspension of funding to a complete cancellation of the contracts.
Update 4: On Mar. 5, the government filed in opposition to the motion for a preliminary injunction and the following day, on Mar. 6, the plaintiffs filed a reply. | 2025-03-06 | | Executive Action: IRS Data Sharing for Immigration Enforcement Purposes (Executive Order 14165) (Executive Order 14159) (Executive Order 14158) |
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Centro de Trabajadores Unidos v. Bessent (D.D.C.)
Case No. 1:25-cv-00677 | Complaint | 2025-03-07 | Case Summary: Plaintiffs allege that the Trump administration “has begun taking steps to collect information about individuals for potential immigration enforcement” by seeking access to data associated with individual taxpayer identification numbers (ITINs). The IRS assigns ITINs to individuals who lack social security numbers (i.e., noncitizens) so that such individuals can file tax returns and pay federal income taxes as required by law. Plaintiffs assert that granting immigration enforcement agencies access to the sensitive data of individuals who file using ITINs would “expose millions of taxpayers to the administration’s aggressive immigration enforcement tactics.”
Plaintiffs claim the government’s actions are ultra vires and violate the Administrative Procedure Act by running afoul of the IRS statute requiring confidentiality of tax return information.
They seek declaratory and injunctive relief to prevent Defendants from providing ITIN applications to DHS, ICE, the President, or any others, unless such disclosure is specifically permitted by law. | 2025-03-07 | | Executive Action: Non-Citizen Detainee Detention and Removal |
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Mahmoud Khalil v. William P. Joyce et al. (S.D.N.Y.)
Case No. 1:25-cv-01935 | Habeas petition | 2025-03-09 | Overview: A green card holder and recent graduate of Columbia University involved in pro-Palestinian protests is challenging his detention and attempted deportation by Immigration and Customs Enforcement (ICE) agents.
Case Summary: On Mar. 8, 2025, Immigration and Customs Enforcement (ICE) agents detained Mahmoud Khalil, a Palestinian activist and lawful U.S. permanent resident (a green card holder). Khalil is a recent graduate of Columbia University, where he played a prominent role in organizing pro-Palestinian demonstrations against Israel’s military actions in Gaza. (See also Declaration by Khalil’s attorney)
The habeas petition alleges, “At the time this proceeding was initiated, [Khalil] was detained at 26 Federal Plaza in New York, New York.”
The government moved Khalil to a detention facility in Louisiana, away from his New York home and his wife, who is eight months pregnant and a U.S. citizen. His legal team filed a habeas corpus petition challenging the legality of his detention and deportation efforts. Khalil’s legal team also moved to compel the government to return him to the Southern District of New York (SDNY).
On Mar. 10, SDNY federal judge Jesse Furman temporarily blocked his removal from the United States pending further judicial review, which he extended after an emergency conference hearing on Mar. 12.
Update 1: On Mar. 12, the government submitted an declaration from ICE Acting Field Office Director of the NYC office which stated: "At the time Khalil filed a petition for a writ of habeas corpus in the Southern District of New York, he was detained at Elizabeth Detention Facility in Newark, New Jersey." The government filed a motion to dismiss or transfer the case to the Western District of Louisiana. | 2025-03-12 | | Structure of Government/Personnel |
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| Executive Action: Reinstatement of Schedule F for Policy/Career Employees (Executive Order 14171) |
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National Treasury Employees Union v. Donald J. Trump et al (D.D.C.)
Case No. 1:25-cv-00170 | Complaint | 2025-01-20 | Overview: National Treasury Employees Union (“NTEU”), a labor union that represents federal government employees in 37 agencies and departments, sued the Trump administration to block the implementation of President Donald Trump’s Executive Order (“EO”) that would authorize the Director of the Office of Personnel Management to reclassify members of the civil service and enable the Trump administration to terminate them at will. NTEU argues the EO violates civil servant protection laws.
Case Summary: Trump’s executive order authorizes the Director of the Office of Personnel Management to reclassify thousands of members of the civil service and strip them of their civil-service protections, enabling the president or heads of agencies to fire them at will. The National Treasury Employees Union sued to block implementation of the order on behalf of the union’s members. The lawsuit argues that the executive order violates laws Congress passed to provide civil-service protections to the vast majority of civil servants, with only limited exceptions for Senate-confirmed political appointees. | 2025-01-31 | Government Accountability Project v. Office of Personnel Management (D.D.C.)
Case No. 1:25-cv-00347 | Complaint (Feb. 6, 2025) | 2025-02-06 | Overview: A group of non-profit organizations who represent the interests of federal employees sued President Donald Trump and the U.S. Office of Personnel Management (“OPM”) alleging Trump’s Executive Order and OPM’s related guidance that took away protections for thousands of career government workers. The non-profits argue that the EO and OPM guidance violate the Administrative Procedure Act and the Civil Service Reform Act.
Case Summary: On Jan. 27, Director of the Office of Personnel Management (OPM) Charles Ezell issued Guidance implementing the president’s executive order, which aims to reclassify thousands of members of the civil service and strip them of their civil-service protections, enabling the president or heads of agencies to fire them at will. Plaintiffs—independent nonprofits representing whistleblowers, federal employees, retirees and their survivors—allege that the OPM Guidance did not go through proper procedure under the Administrative Procedure Act, violates the Civil Service Reform Act’s protections for career employees, and violates civil servants’ Fifth Amendment Due Process rights. They seek a declaratory judgment that the executive order and the OPM Guidance are unlawful and an injunction enjoining the administration from implementing the executive order and the OPM Guidance. | 2025-02-06 | Public Employees for Environmental Responsibility v. Donald Trump et al (D. Md.)
Case No. 8:25-cv-00260-PX | Complaint | 2025-01-28 | Overview: Non-profit organization Public Employees for Environmental Responsibility (“PEER”) challenged President Donald Trump’s Executive (“EO”) that would authorize the Director of the Office of Personnel Management to reclassify members of the civil service and enable the Trump administration to terminate them at will. The lawsuit seeks to block the EO’s implementation and argues that the EO violates the Administrative Procedure Act and deprives civil servants of their rights under the Constitution and the Civil Service Reform Act.
Case Summary: Trump’s executive order authorizes the Director of the Office of Personnel Management to reclassify thousands of members of the civil service and strip them of their civil-service protections, enabling the president or heads of agencies to fire them at will. PEER, represented by Citizens for Responsibility and Ethics in Washington and Democracy Forward, sued to enjoin implementation of the executive order. The lawsuit argues that the executive order violates the Administrative Procedure Act and deprives civil servants of due process by stripping them of protections guaranteed under the Civil Service Reform Act of 1978. | 2025-01-31 | American Federation of Government Employees, AFL-CIO and American Federation of State, County And Municipal Employees, AFL-CIO v. Donald Trump et al (D.D.C.)
Case No. 1:25-cv-00264 | Complaint | 2025-01-29 | Overview: Two major labor unions, representing over two million federal employees, sued President Donald Trump to block an Executive Order (“EO”) that changes workers’ job category, removing protections against being fired. The unions argue that the EO violates the Administrative Procedure Act (APA).
Case Summary: On Jan. 27, Director of the Office of Personnel Management (OPM) Charles Ezell issued guidance implementing the president’s executive order, which aims to reclassify thousands of members of the civil service and strip them of their civil-service protections, enabling the president or heads of agencies to fire them at will. The AFGE and AFSCME – labor organizations representing federal, state and local employees – assert that the Trump administration failed to follow proper notice-and-comment procedures under the Administrative Procedural Act in issuing the order, which renders “inoperative or without effect” existing regulations, 5 C.F.R. 210.102(b)(3), 5 C.F.R. 210.102(b)(4), and 5 C.F.R. § 302.601-603. The plaintiffs sued, seeking a declaratory judgment to that effect, as well as an injunction enjoining the Defendants from enforcing the order without first complying with the APA’s notice-and-comment requirements. | 2025-01-31 | | Executive Action: Establishment of “Department of Government Efficiency” (DOGE) (Executive Order 14158 and Executive Order 14219) |
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Public Citizen Inc et al v. Donald J. Trump and Office of Management and Budget (D.D.C.)
Case No. 1:25-cv-00164
CASE CLOSED | Complaint | 2025-01-20 | Overview: Two advocacy organizations sued President Donald Trump and the U.S. Office of Management and Budget, arguing that Trump’s Executive Order (“EO”) creating the Department of Government Efficiency violates the Federal Advisory Committee Act by delegating regulatory and monetary power to unelected citizens without public oversight. Two other cases, Lentini v. Department of Government Efficiency and American Public Health Association v. Office of Budget and Management, have now been consolidated under this case.
Case Summary: Trump’s executive order renames the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency) and reestablishes the office under the Executive Office of the President. Two advocacy organizations and the American Federation of Government Employees sued, arguing that the order violates the Federal Advisory Committee Act, which bars the delegation of decision-making authority to private citizens without public access. The suit asks the court to enjoin the operation of DOGE unless and until it complies with the FACA’s requirements.
Update 1: On Feb. 18, 2025, Judge Jia M. Cobb (D.D.C.) granted defendants’ motion to consolidate two cases with this case. Parties in Lentini v. Department of Government Efficiency (complaint), and American Public Health Association v. Office of Budget and Management (complaint) must make all future filings in this case.
Update 2: On Mar. 3, 2025, Public Citizen Plaintiffs dismissed their action without prejudice. The Lentini Plaintiffs in Lentini v. Department of Government Efficiency and American Public Health Association Plaintiffs remain in American Public Health Association v. Office of Budget and Management. | 2025-03-03 | Jerald Lentini, Joshua Erlich, and National Security Counselors v. Department of Government Efficiency, Office of Management and Budget, Office of Personnel Management, Executive Office of the President, Elon Musk, Vivek Ramaswamy, Russell Vought, Scott Kupor, and Donald Trump (D.D.C.)
Case No. 1:25-cv-00166 | Complaint | 2025-01-20 | Overview: National Security Counselors (a public advocacy organization) and two individuals challenged President Donald Trump’s Executive Order (“EO”) establishing the Department of Government Efficiency (DOGE), arguing that DOGE violates the Federal Advisory Committee Act (FACA) by delegating regulatory and monetary power to unelected citizens without public oversight. This case was consolidated under Public Citizen, Inc v. Trump.
Case Summary: Trump’s executive order renames the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency) and reestablishes the office under the Executive Office of the President. The advocacy organization National Security Counselors, Inc., sued, arguing that the order violates the Federal Advisory Committee Act, which bars the delegation of decision-making authority to private citizens without public access. The suit asks the court to enjoin the operation of DOGE unless and until it complies with the FACA’s requirements.
Update 1: On Feb. 18, 2025, Judge Jia M. Cobb (D.D.C) granted defendants’ motion in Public Citizen, Inc. v. Trump to consolidate three cases. Parties in Lentini v. Department of Government Efficiency and American Public Health Association v. Office of Budget and Management must make all future filings in Public Citizen. | 2025-02-18 | American Public Health Association et al v. Office of Management and Budget, Acting Director of the Office of Management and Budget, and the Department of Government Efficiency (D.D.C.)
Case No. 1:25-cv-00167 | Complaint | 2025-01-20 | Overview: Several public interest advocacy organizations challenged President Donald Trump’s Executive Order (EO) that established the Department of Government Efficiency (DOGE). The lawsuit argues that DOGE violates the Federal Advisory Committee Act by delegating regulatory and monetary power to unelected citizens without public oversight. This case was consolidated under Public Citizen, Inc v. Trump.
Case Summary: Trump’s executive order renames the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency) and reestablishes the office under the Executive Office of the President. Several advocacy organizations sued, arguing that the order violates the Federal Advisory Committee Act, which bars the delegation of decision-making authority to private citizens without public access. The suit asks the court to enjoin the operation of DOGE unless and until it complies with the FACA’s requirements.
Update 1: On Feb. 18, 2025, Judge Jia M. Cobb (D.D.C) granted defendants’ motion in Public Citizen, Inc. v. Trump to consolidate three cases. Parties in Lentini v. Department of Government Efficiency and American Public Health Association v. Office of Budget and Management must make all future filings in Public Citizen. | 2025-02-18 | Center for Biological Diversity v. Office of Management and Budget (D.D.C.)
Case No. 1:25-cv-00165 | Complaint | 2025-01-20 | Overview: The Center for Biological Diversity sued the Office of Management and Budget (OMB) under the Freedom of Information Act demanding records related to communications between OMB and the Department of Government Efficiency (“DOGE”), alleging the requested information is important to the public interest.
Case Summary: Trump’s executive order renames the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency) and reestablishes the office under the Executive Office of the President. The Center for Biological Diversity sued the Office of Management and Budget under the Freedom of Information Act, demanding records related to communications between OMB and DOGE’s leadership or those acting on its behalf. | 2025-01-31 | J. Doe 1-26 v. Musk (D. Md)
Case 8:25-cv-00462-TDC
| Complaint | 2025-02-13 | Overview: Twenty-six current and former employees of the U.S. Agency for International Development (“USAID”) sued Elon Musk and the Department of Government Efficiency (“DOGE”) alleging that Musk's appointment to his role as head of DOGE violates the Constitution’s Appointments Clause and requesting that the court prevent Musk and DOGE from taking further action until this legal question is resolved.
Case Summary: Trump’s executive order renames the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency) and reestablishes the office under the Executive Office of the President. Twenty-six current and former USAID employees or contractors filed a lawsuit claiming that Elon Musk’s constitutional authority to exercise significant government powers as the head of DOGE without Senate confirmation violates the Appointments Clause. The complaint alleges that Musk and the DOGE staff are exercising “significant authority” by controlling agency operations, making personnel decisions, and directing federal spending, all powers the plaintiffs claim can be wielded only by properly appointed officers of the United States. The lawsuit argues that Musk is functioning as a principal officer while evading the constitutional requirement for Senate confirmation. The plaintiffs also claim that Musk’s actions would be unconstitutional even if he were considered merely an inferior officer, as Congress has not authorized the President to directly appoint anyone to his position. The plaintiffs also argue that DOGE’s structure violates separation of powers by creating a “shadow chain of command” that undermines Congress’s power to create agencies and their authorities through statute, confirm appointed officers, and conduct oversight. The suit asks the court to declare Musk and DOGE to be acting unlawfully, enjoin Musk and DOGE from exercising government authority unless appointed by proper process, and set aside their actions taken to date.
Update 1: On Feb. 18, Plaintiffs filed a motion for a preliminary injunction.
Update 2: On Feb. 24, Defendants filed a motion in response to the request for a preliminary injunction; to which the Plaintiffs replied on Feb. 26. | 2025-02-24 | New Mexico et al. v. Musk (D.D.C.)
Case No. 1.25-cv-00429 | Complaint | 2025-02-13 | Overview: Fourteen states sued Elon Musk and the Department of Government Efficiency (“DOGE”) alleging that Musk's appointment to his role as head of DOGE violates the Constitution’s Appointments Clause and requesting that the court prevent Musk and DOGE from taking further action until this legal question is resolved. A federal court denied the request to temporarily block further actions by Musk and DOGE but acknowledged potential constitutional issues with Musk’s appointment.
Case Summary: Trump’s executive order renames the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency) and reestablishes the office under the Executive Office of the President. Fourteen states filed a lawsuit claiming that Elon Musk’s constitutional authority to exercise significant government powers as the head of DOGE without Senate confirmation violates the Appointments Clause. The complaint alleges that Musk and the DOGE staff are exercising “significant authority” by controlling agency operations, making personnel decisions, and directing federal spending, all powers they claim can only be wielded by properly appointed officers of the United States. The suit asks the court to declare Musk and DOGE to be acting unlawfully, impose a temporary restraining order barring Musk and DOGE from exercising government authority (including a specific list of official actions) while awaiting preliminary and permanent injunctions to the same effect, and set aside their actions taken to date.
Update 1: On Feb. 17, the government submitted a declaration by Joshua Fisher, Director of the Office of Administration, stating that Musk is not the head of DOGE nor an employee of DOGE.
Update 2: On Feb 18, Judge Tanya Chutkan denied the Plaintiffs’ request for a temporary restraining order but also indicated a potentially favorable view of the Plaintiffs’ argument on the merits (pp. 8-9).
Update 3: On Feb. 24, plaintiff states filed a motion for expedited discovery relating to an upcoming motion for a preliminary injunction. Defendants filed a memorandum in opposition on Feb 28. Plaintiffs filed a reply on Mar. 3.
Update 4: On Mar 7, defendants filed a motion to dismiss arguing plaintiffs lack Article III standing and have failed to state a claim upon which relief can be granted. | 2025-03-07 | Japanese American Citizens League v. Musk (D.D.C)
Case No. 1:25-cv-00643
| Complaint | 2025-03-05 | Overview: Plaintiffs are four nonprofit organizations – the Japanese American Citizens League, Organization of Chinese Americans–Asian Pacific American Advocates, Sierra Club, and Union of Concerned Scientists – bringing suit against Elon Musk, DOGE, Amy Gleason, and several executive agencies and their heads.
Case Summary: Plaintiffs are four nonprofit organizations – the Japanese American Citizens League, Organization of Chinese Americans–Asian Pacific American Advocates, Sierra Club, and Union of Concerned Scientists – bringing suit against Elon Musk, DOGE, Amy Gleason, and several executive agencies and their heads.
Plaintiffs allege that they are harmed by DOGE’s cutting of federal funding and firing of federal employees, including in the work of the National Park Service and historic sites. Plaintiffs allege that Musk and DOGE are acting in an ultra vires manner “to dramatically alter the federal budget, slash federal spending, reduce the federal workforce, and dismantle disfavored agencies.” Plaintiffs also allege that Defendants have acted in violation of the separation of powers “by directing and causing the termination of grants and contracts under previously appropriated federal funds; terminating federal workers funded by congressional appropriations; reducing the size of the federal workforce; working to abolish federal departments and agencies including the U.S. Department of Education, an executive department created by federal statute; and refusing to spend money appropriated by Congress.” Finally, Plaintiffs allege that Defendants have violated the Appointments Clause and the Administrative Procedure Act. They seek declaratory and injunctive relief holding that Musk, DOGE, and Gleason have no legal authority to take a wide array of actions and that those actions have no legal effect. | 2025-03-05 | Center for Biological Diversity v. U.S. Department of Interior (D.D.C)
Case No. 1:25-cv-00612 | Complaint | 2025-03-03 | Overview: On Jan. 20, 2025, President Trump signed Executive Orders 14158, renaming the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency). On Feb. 19, Trump signed Executive Order 14219 directing the rescission of regulations in which “agency heads shall, in coordination with their DOGE Team Leads and the Director of the Office of Management and Budget, initiate a process to review all regulations.”
Case Summary: On Jan. 20, 2025, President Trump signed Executive Orders 14158, renaming the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency). On Feb. 19, Trump signed Executive Order 14219 directing the rescission of regulations in which “agency heads shall, in coordination with their DOGE Team Leads and the Director of the Office of Management and Budget, initiate a process to review all regulations.”
Plaintiffs, a nonprofit organization focused on habitat preservation for endangered species, alleges that DOGE and the Department of Interior have violated the Administrative Procedures Act by failing to follow Federal Advisory Committee Act (FACA) requirements for disclosure and public access to advisory committee meetings. They seek declaratory judgment that DOGE and its sub-teams are subject to the FACA and have violated the APA and FACA, an injunction stopping Department of Interior employees from meeting with or relying on work by DOGE employees, and an order of mandamus requiring compliance with the FACA. | 2025-03-03 | | Executive Action: Solicitation of information from career employees |
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Jane Does 1-2 v. Office of Personnel Management (D.D.C.)
Case No. 1:25-cv-00234 | Complaint | 2025-01-27 | Overview: Two federal employees brought a class action lawsuit against the Office of Personnel Management (“OPM”) alleging that OPM used an unauthorized email system to collect data on all civilian federal workers without conducting a required privacy assessment. A federal court denied the request to halt OPM’s actions and OPM has since moved to dismiss the case.
Case Summary: The Office of Personnel Management announced it was testing a new system to email all civilian federal employees from a single email address, HR@opm.gov. Individuals claiming to be OPM employees subsequently posted online that the emails were being stored on an unsecure server at OPM. Plaintiffs, employees of executive-branch agencies who received “test” emails from HR@opm.gov requesting information, sued. The lawsuit alleges that the new procedure violates the E-Government Act of 2002 and asks the court to require the Office of Personnel Management to conduct a Privacy Impact Assessment before collecting any data from employees, as required under the law.
Update 1 and 2: On Feb. 4, 2025, the plaintiffs requested a temporary restraining order. On Feb. 6, Judge Randolph D. Moss denied the TRO request and said an opinion will follow.
Update 3: On Feb. 11, OPM moved to dismiss the Complaint on the grounds that Plaintiffs lack Article III standing and failed to state a claim upon which relief can be granted.
Update 4: On Feb. 17, 2025, in a Memorandum Opinion and Order, Judge Moss denied plaintiffs’ most recent motion for a TRO on the ground that they had not shown they were likely to have standing or face irreparable injury without emergency relief. | 2025-02-17 | | Executive Action: Disclosure of personal and financial records to DOGE |
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Alliance for Retired Americans v. Scott Bessent et al (D.D.C.)
Case No. 1:25-cv-00313 | Complaint | 2025-02-03 | Overview: A group of labor unions representing federal employees sued Secretary of the Treasury Scott Bessent and others alleging that individuals affiliated with the Department of Government Efficiency (“DOGE”) were granted unauthorized access to sensitive Treasury Department records in violation of the Privacy Act and the IRS Code. Both parties agreed to an order limiting access to Treasury payment records to specific individuals with “read-only” access.
Case Summary: The complaint alleges that the Treasury Department granted DOGE-affiliated individuals access to sensitive personal and financial information maintained by the Treasury Department. The plaintiffs sued on behalf of members whose records may have been transmitted from the Treasury Department to DOGE employees, thus allegedly depriving the members of privacy. The lawsuit seeks an injunction and declaratory relief, as well as a temporary restraining order, for alleged violations of the Administrative Procedure Act and actions in excess of legal authority under the Privacy Act.
Update 1: On Feb. 6, 2025, the parties in the suit mutually proposed an order that Judge Colleen Kollar-Kotelly adopted. It limits access to Treasury Department payment records and systems to two (Musk-affiliated) Special Government Employees in the Department (“read-only” access), other employees who need to access the record to perform their duties, or individuals who are already entitled to access the records under statute.
Update 2: On Feb. 20, the court issued an order accepting an unopposed motion to modify the Feb. 6 order.
Update 3: On Feb. 25, following a hearing the previous day, the court ordered “that Defendants shall file the administrative record underlying the decisions challenged in this case on or before March 10, 2025.”
Update 4: On Mar. 7, Judge Colleen Kollar-Kotelly denied plaintiffs’ motion for a preliminary injunction on the grounds that plaintiffs have not cleared the “high standard” of showing a likelihood of an irreparable injury that is “beyond remediation.” She noted, “If Plaintiffs could show that Defendants imminently planned to make their private information public or to share that information with individuals outside the federal government
with no obligation to maintain its confidentiality, the Court would not hesitate to find a likelihood of irreparable harm.” | 2025-03-07 | New York et al v. Donald J. Trump (S.D.N.Y.)
Case No. 1:25-cv-01144-JAV | Complaint | 2025-02-07 | Overview: Nineteen state attorneys general sued President Donald Trump and Secretary of the Treasury Scott Bessent alleging that individuals affiliated with the Department of Government Efficiency (“DOGE”) were granted unauthorized access to sensitive Treasury Department records in violation of the Administrative Procedure Act, the Privacy Act, and other ethics statutes. A federal court temporarily blocked DOGE’s access to certain payment records maintained by the Treasury Department containing sensitive data while the case proceeds, citing potential violations of federal law.
Case Summary: The complaint alleges that the Treasury Department granted DOGE-affiliated individuals access to sensitive personal and financial information maintained by the Treasury Department. The plaintiffs, attorneys general of 19 states, sued on the ground that the policy of giving expanded access to political appointees and “special government employees” to Treasury’s Bureau of Fiscal Services violated the Administrative Procedure Act (APA). The plaintiffs claim the policy violates the APA by exceeding authority conferred by statute for the unauthorized purpose of impeding payments and accessing private information; for failure to conduct a privacy impact statement; for violation of the Privacy Act; and for violating ethics statutes on conflicts of interest. The plaintiffs also assert the policy usurps congressional authority and is ultra virus.
The plaintiffs requested an emergency temporary restraining order, as well as preliminary and permanent injunction to bar access to political appointees, special government employees, and government employees detailed from other agencies as well as to any person who has not received a background check, security clearance, and information security training.
Update 1: The case is before Judge Jeannette A. Vargas. On Feb. 8, 2025, after midnight, Judge Paul A. Engelmayer issued an emergency temporary restraining order until Judge Vargas holds a hearing on Feb. 14. Judge Engelmayer’s order prohibits access to the Treasury Department’s systems and also requires prohibited persons to immediately destroy any material already downloaded from the Treasury Department’s systems.
Update 2: On Feb. 21, Judge Vargas granted a limited preliminary injunction, enjoining the Treasury Department from granting access to DOGE-affiliated individuals to any payment record, payment systems, or any other data systems maintained by the Treasury Department containing personally identifiable information and/or confidential financial information of payees. The court noted that “a real possibility exists that sensitive information has already been shared outside of the Treasury Department, in potential violation of federal law.” The court ordered the Treasury Department to submit a report by March 24 including several forms of information and certifications including “the vetting and security clearances processes that members of the Treasury DOGE Team have undergone;” ”setting forth the legal authority pursuant to which each DOGE Team member was employed by or detailed to the Treasury Department;” and “explaining the reporting chains that govern the relationship between the DOGE Team members, USDS/DOGE, and Treasury leadership.” | 2025-02-21 | AFL-CIO v. Dep’t of Labor (D.D.C.)
Case No. 1:25-cv-00339 | Complaint | 2025-02-05 | Overview: A coalition of labor unions sued the Department of Labor (“DOL”), the Department of Government Efficiency (“DOGE”), and others seeking to block DOGE's access to internal DOL information systems on the basis that such access violates the Administrative Procedure Act, the Privacy Act, the Economy Act, and other federal laws. A federal court denied requests to temporarily block DOGE’s access while the case proceeds, but indicated further analysis was needed in particular on the Economy Act claims.
Case Summary: On Feb. 5, 2025, DOGE sought access to internal information systems at the Department of Labor. Plaintiffs sued, arguing DOGE’s attempt to direct the agency and access internal information systems are an unlawful exercise of power beyond its authority; and unlawful under the Administrative Procedure Act as a prohibited personnel practice, violation of the Confidential Information Protection and Statistical Efficiency Act, violation of the Privacy Act, rulemaking without proper procedure, and arbitrary and capricious abuse of discretion. They seek temporary, preliminary, and permanent injunctive relief to prevent the Department of Labor from granting access to DOGE, from taking adverse action against employees who refuse to cooperate with DOGE, and from providing any person with non-public Department of Labor information regarding that person’s business interests or direct competitors.
On the same day as the complaint was filed, judge John Bates issued an Order which stated, “Defendants represented to the Court that DOL [Department of Labor] will not allow DOGE access to any DOL data until after this Court rules on the TRO motion on Friday.”
Update 1: On Feb. 7, Judge Bates denied the petition for a temporary restraining order on the ground that the plaintiffs lacked standing.
Update 2: On Feb. 12, Plaintiffs submitted a renewed request for a TRO enjoining agency defendants from granting members of DOGE access to their systems of records, except as consistent with applicable federal law.
Update 3: On Feb. 14, Judge Bates denied the renewed request for a TRO, but added, “On the Economy Act question, which is the most important for this denial of a TRO, the Court will benefit from further briefing and analysis on a motion for preliminary injunction.”
Update 4: On Feb. 27, Judge Bates ordered limited expedited discovery in the case in the form of answers to written interrogatories, production of documents, and the deposition of four individuals (one each from the Consumer Financial Protection Bureau and the Departments of Labor, Health and Human Services, and DOGE), to last no more than eight hours in aggregate. | 2025-02-27 | University of California Student Ass’n v. Carter et al
Case No. 1:25-cv-00354 | Complaint | 2025-02-07 | Overview: The University of California Student Association sued the Department of Education seeking to block the Department of Government Efficiency’s (“DOGE’s”) access to sensitive information systems containing student data on the basis that such access violates the Administrative Procedure Act, the Privacy Act, and the Internal Revenue Code. A federal court denied the request to temporarily block DOGE’s access while the case proceeds.
Case Summary: On Feb. 3, 2025, reportedly 20 people affiliated with DOGE were working with the Department of Education, some of whom obtained access to sensitive internal information systems, including systems related to federal student aid. Plaintiffs sued, arguing DOGE’s access is unlawful under the Administrative Procedure Act in that it is contrary to law in violation of the Privacy Act and Internal Revenue Code; arbitrary and capricious; and in excess of statutory authority. They seek a declaratory judgment that DOGE officials are not authorized to access Department of Education records that contain personal information, and temporary, preliminary, or permanent injunctive relief preventing the Department of Education from continuing to provide access to DOGE, ensuring there is no further dissemination of data, and requiring recovery of unlawfully transferred information.
Update 1: On Feb. 10, Plaintiff moved for a TRO, requesting Defendants be enjoined from disclosing information about individuals to individuals affiliated with DOGE, and required to retrieve and safeguard any such information that has already been obtained by and shared or transferred by DOGE or individuals associated with it.
Update 2: On Feb. 17, Judge Randolph Moss denied the TRO on the grounds that mere “access” to data by government employees who are not formally authorized to view it, without more, does not create an irreparable injury. He wrote that courts find dissemination of information to be an irreparable injury where highly sensitive information will be made public or is given to someone with no obligation to keep it confidential. He also wrote that irreparable harm was not present because plaintiffs would have a private right of action and money damages for certain unauthorized disclosures. | 2025-02-17 | National Treasury Employees Union v. Russell Vought (D.D.C.)
Case No. 1:25-cv-00380 | Complaint | 2025-02-09 | Overview: The National Treasury Employees Union sued Acting Director of the Consumer Financial Protection Bureau (“CFPB”) Russell Vought seeking to block the Department of Government Efficiency’s (“DOGE’s”) access to sensitive information systems with CFPB employee records on the basis that the CFPB's decision to grant DOGE-affiliated individuals access to employee information and non-classified systems violated the Privacy Act and CFPB regulations.
Case Summary: DOGE “special government employee” entered CFPB. On February 7, 2025, Chris Young, Nikhil Rajpul, and Gavin Kliger—none of whom is or has been a CFPB employee—were added to CFPB’s staff and email directories as “senior advisers.” Russell Vought, as Acting Director of CFPB, instructed CFPB staffers to grant this DOGE team access to all non-classified systems. Plaintiffs maintain that CFPB has a statutory obligation to protect its employee information under both the Privacy Act and CFPB regulations (5 C.F.R. Part 1070). Plaintiffs claim that CFPB violated that obligation by granting DOGE access to employee information without satisfying an exception in the Privacy Act. Plaintiffs seek a judgment declaring that CFPB violated the law by granting DOGE access to CFPB systems, that CFPB’s disclosure of employee information to DOGE is unlawful, and request an injunction to prevent CFPB from disclosing employee records to DOGE. | 2025-02-09 | American Federation of Teachers et al v. Bessent et al (D. Md.)
Case No. 8:25-cv-00430
| Complaint | 2025-02-10 | Overview: The American Federation of Teachers and other plaintiffs sued the Treasury, Office of Personnel Management (“OPM”), and the Department of Education (”DOE”), challenging the agencies’ disclosure of sensitive personal information to Department of Government Efficiency (”DOGE”) employees. The plaintiffs argue that the disclosure violates federal law and goes beyond the agencies’ scope of authority. They have asked the court to declare the disclosure unlawful, to temporarily and permanently stop the agencies from further sharing information, and to require the agencies retrieve the information disclosed. The court has stopped DOE and OPM from disclosing information with DOGE, while Treasury has also been stopped from disclosure by a separate but related case.
Case Summary: The complaint alleges that the Treasury Department, Office of Personnel Management, and Department of Education have provided DOGE “special government employees” with access to information systems that contain records of private citizens' sensitive personal information (including Social Security numbers, financial records, and more). Plaintiffs sued, arguing DOGE access is unlawful under the Administrative Procedure Act as (1) not in accordance with the Privacy Act; (2) an arbitrary and capricious abuse of discretion; and (3) in excess of statutory authority. They seek a declaratory judgment that disclosing records to DOGE is unlawful and temporary, preliminary, or permanent injunctive relief to bar defendants from allowing DOGE to access sensitive information; ensure there is no further unauthorized disclosure; ensure records improperly disseminated are retrieved or destroyed; and ensure future disclosures will only occur in accordance with the Privacy Act.
Update 1: On Feb. 12, Plaintiffs moved for a TRO enjoining Defendants from providing DOGE access to their records systems and ordering any records housed outside government information systems be retrieved or destroyed.
Update 2: On Feb. 24, the court granted a TRO enjoining the Department of Education and Office of Personnel Management from disclosing sensitive information to any DOGE affiliates. The court denied the motion for a TRO against Treasury officials on the basis that a preliminary injunction against Treasury has already been granted in a related case.
| 2025-02-24 | Electronic Privacy Information Center v. U.S. Office of Personnel Management (E.D.V.A.)
Case No. 1:25-cv-00255 | Complaint | 2025-02-10 | Overview: The Electronic Privacy Information Center (“EPIC”) and a federal employee sued the Office of Personnel Management (“OPM”) and the Treasury Department, challenging the agencies’ disclosure of sensitive personal information to Department of Government Efficiency (“DOGE”) employees. The plaintiffs argue that the disclosure violates federal law, violates their constitutional rights, puts them at risk of identity theft, and goes beyond the agencies’ scope of authority. They have asked the court to declare the disclosures unlawful and stop the agencies from sharing and accessing the information. The court denied their request to block DOGE’s access because the possible scenarios for harm were too speculative.
Case Summary: The complaint alleges that the Treasury Department granted DOGE-affiliated individuals access to sensitive personal and financial information maintained by the Treasury Department. The plaintiffs, Electronic Privacy Information Center (EPIC) and Doe 1 (a federal employee), sued, claiming that the transmission of these records violated the plaintiffs’ right to privacy and puts plaintiffs at risk of identity theft and financial crimes. Plaintiffs also argue that the transmission of these records was not compliant with the Federal Information Security Modernization Act (FISMA) and other privacy and security requirements. The lawsuit seeks injunctive and declaratory relief curing the release of information and halting further sharing by OPM and Treasury, alleging violations of the Administrative Procedure Act, Privacy Act, the Fifth Amendment, 26 U.S.C. § 6103, and actions beyond the scope of authority—primarily by the DOGE defendants. Doe 1 also seeks an award of statutory and punitive damages.
Update 1: On Feb. 12, Plaintiffs moved for a TRO to enjoin Treasury and OPM defendants from providing DOGE access to information systems, to enjoin DOGE defendants from accessing information systems, and to require status reports.
Update 2: On Feb. 21, Judge Rossie D. Alston, Jr. issued a Memorandum Opinion and Order converting the motion for a TRO to a motion for a preliminary injunction, and denying the motion. Judge Alston wrote, “Plaintiffs’ fears of future harm are much too speculative and would require the Court to make several leaps in reasoning in order to warrant injunctive relief” based on the record before the court. The judge stated: “Although the Court is denying injunctive relief based on the current record, Plaintiffs are permitted to take necessary action to protect their rights if, in the future, they experience harm that is more concrete and immediate, including if Plaintiffs are able to provide evidence that unauthorized personnel accessed the BFS and/or EHRI systems.” | 2025-02-21 | American Federation of Government Employees, et al. v. Office of Personnel Management et al (S.D.N.Y)
Case No. 1:25-cv-01237 | Complaint | 2025-02-11 | Overview: The American Federation of Government Employees and other plaintiffs sued the Office of Personnel Management (”OPM”), challenging the agencies’ alleging unlawful disclosure of sensitive personal information to Department of Government Efficiency (DOGE) employees. The plaintiffs argue that the disclosure violates federal laws and goes beyond the agencies’ scope of authority. They have asked the court to declare the disclosure unlawful, stop the agencies from further sharing information, and require the agencies retrieve and destroy the information disclosed.
Case Summary: Plaintiffs allege the Office of Personnel Management (OPM) has given DOGE access to OPM information systems that contain sensitive personal and employment records of government employees (including Social Security numbers, demographic information, job performance information, health records, and more). Plaintiffs, current and former federal employees and unions representing them, sued, arguing OPM’s disclosure of this information to DOGE violates the Privacy Act and the Administrative Procedure Act; and that DOGE’s actions are ultra vires. They seek a declaratory judgment that the government’s actions are unlawful; temporary, preliminary, or permanent injunctive relief; and an order for the impoundment and destruction of copies of improperly disclosed personal information. | 2025-02-11 | Nemeth-Greenleaf, et al. v. Office of Personnel Management, et al. (D.D.C.)
Case No. 1:25-cv-00407 | Complaint | 2025-02-11 | Overview: Federal employees have sued the Office of Personnel Management (”OPM”) and the Treasury, challenging the agencies’ disclosure of personal, health, and financial information to the Department of Government Efficiency's (”DOGE”) employees. The plaintiffs argue the disclosure violates federal laws. They have asked the court to stop further disclosure and compensation for harm.
Case Summary: Plaintiffs are federal employees from various government departments who filed suit as a proposed class action. They allege that DOGE workers unlawfully accessed their private information from OPM and the Treasury Department. They argue that Defendants are engaged in an “unlawful ongoing, systemic, and continuous disclosure of personal, health, and financial information” to Elon Musk and DOGE in violation of the Privacy Act, 5 U.S.C. § 552a. They seek injunctive relief and damages. | 2025-02-11 | Gribbon et al. v. Musk (D.D.C.)
Case No. 1:25-cv-00422 | Complaint | 2025-02-12 | Overview: Six individuals sued Elon Musk, the Office of Personnel Management (”OPM”), and the Treasury for sharing personal information. The plaintiffs argue that by sharing their private information, Musk and the agencies violated federal laws. The plaintiffs have asked the court to declare Musk and the agencies’ actions unlawful, stop them from further sharing the plaintiffs’ information, and require them to provide lifetime identity theft and fraud protection services.
Case Summary: Plaintiffs filed a proposed class action lawsuit. They are recipients of federal benefits, student loans, or have filed tax return information with the federal government. The complaint alleges that “Defendants [are] liable for their willful failure to ensure the security of Plaintiffs’ and Class members’” private information. Plaintiffs allege Defendant Elon Musk violated the Computer Fraud and Abuse Act and that Defendants OPM and Treasury violated the Privacy Act of 1974. Plaintiffs are suing for injunctive relief and monetary damages “resulting from Defendants’ unlawful ongoing, systematic, and continuous disclosure of personal and financial information.” | 2025-02-12 | Center for Taxpayer Rights v. IRS (D.D.C)
Case 1:25-cv-00457 | Complaint | 2025-02-17 | Overview: Several organizations, on behalf of taxpayers, sued the Internal Revenue Service (”IRS”) and the Treasury, challenging the access to private tax information the agencies gave to the Department of Government Efficiency’s (”DOGE”). The plaintiffs argue that by allowing DOGE’s access, the agencies violated multiple federal laws and exceeded their scope of authority. The plaintiffs have asked the court to declare the access unlawful, stop DOGE’s access, and require the return or deletion of the shared information.
Case Summary: Plaintiffs filed a lawsuit challenging the U.S. Department of Government Efficiency’s access to information from the Internal Revenue Service. Plaintiffs are organizations that represent low-income taxpayers, immigrants, domestic abuse survivors, small businesses, and public and private sector employees. They allege that by allowing DOGE to access private citizens’ tax information, the IRS has violated the Federal Information Security Act, the Privacy Act, and the Administrative Procedure Act. Plaintiffs also allege that DOGE has engaged in “ultra vires” actions by “directing and controlling the use and administration of Defendant IRS’ systems.” They seek declaratory and injunctive relief to stop allegedly “wrongful provision of access, inspection, and disclosure of return information and other personal information in the IRS system to members of DOGE.” They also seek other forms of relief such as ordering Defendants to disgorge all unlawfully obtained information. | 2025-02-17 | American Federation of State, County and Municipal Employees, AFL-CIO v. Social Security Administration (D. Md.)
Case No. 1:25-cv-00596
| Complaint | 2025-02-21 | Overview: Three labor unions sued the Social Security Administration (“SSA”) and the Department of Government Efficiency (“DOGE”), challenging the access to sensitive personal data of millions of Americans which SSA gave to DOGE. The unions argue that the access violates multiple federal laws and the Constitution. The unions have asked the court to declare DOGE’s access to SSA data unlawful, require DOGE return to delete the data, and stop any further sharing of information and access.
Case Summary: Plaintiffs filed a lawsuit challenging the U.S. Department of Government Efficiency’s access to Social Security Administration data and systems. They allege that allowing DOGE to access private citizens’ sensitive data violates several laws, including the Internal Revenue Code, the Privacy Act, the Federal Information Systems Modernization Act, the E-Government Act, and the Administrative Procedure Act. They further allege that Acting SSA Commissioner Leland Dudek’s exercise of significant authority without nomination or confirmation violates the Appointments Clause of the U.S. Constitution. Plaintiffs ask the court to declare DOGE’s access to SSA data and systems unlawful, order DOGE to disgorge or delete any unlawfully obtained data, and prohibit any further efforts by either DOGE or SSA to enable DOGE to access SSA data or systems. | 2025-02-21 | | Executive Action: “Fork Directive” deferred resignation offer to federal employees (OPM Directive) |
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American Federation of Gov’t Employees, AFL-CIO v. Ezell (D. Mass)
Case No. 1:25-cv-10276 | Complaint | 2025-02-04 | Overview: Multiple labor unions sued the Office of Personnel Management (“OPM”), challenging the legality of the "deferred resignation" offer program. The offer, sent to nearly all federal employees, gives them the option to receive compensation until September 30, 2025 if they resign by February 6, 2025, where the unions say the implied alternative is earlier termination. The unions argue that the program violates the Constitution and federal laws. The unions have asked the court to declare the program unlawful, void the program, and immediately and permanently suspend the February 6 deadline. The court initially suspended the deadline until the court heard arguments from both sides; however, shortly after, the court removed the suspension and denied the unions’ requests on the basis that they had not followed correct procedures in filing the suit.
Case Summary: On January 28, 2025, the Office of Personnel Management sent an email to career federal employees presenting what it described as a deferred resignation program, an offer to receive compensation until September 30, 2025 if they resign now (“Fork Directive” email). A deadline for the offer was set for February 6, 2025. Plaintiffs filed suit, arguing the directive violates the Administrative Procedure Act (APA) because it is “arbitrary and capricious” and not in accordance with the Antideficiency Act. They seek a declaratory judgment that the directive violates the APA and that the directive be vacated; they also seek an preliminary and permanent injunction of the February 6, 2025 deadline and an order that OPM submit for court approval a corrected communication for all employees who received the directive.
Update 1: On Feb. 5, 2025, the plaintiffs requested a temporary restraining order and that within 24 hours of the TRO, the Government provide written notice of the TRO to all federal employees who have received the directive.
Update 2: On Feb. 6, 2025, Judge George O’Toole issued an order to pause the program and extend the deadline until Monday when a hearing is scheduled.
Update 3: On Feb. 10, 2025, Judge O’Toole ordered that the stay of the Feb. 6 deadline will remain in effect “pending the completion of briefing and oral argument on the issues.” Defendants notified the Court of their compliance with the order.
Update 4: On Feb. 12, 2025, Judge O’Toole dissolved the TRO and denied further preliminary injunctive relief, finding that the plaintiffs lacked Article III standing and that the court lacked subject matter jurisdiction over the claims asserted. | 2025-02-12 | | Executive Action: Removal of independent agency leaders |
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Gwynne A. Wilcox v. Donald J. Trump et al (D.D.C.)
Case No. 1:25-cv-00334 | Complaint | 2025-02-05 | Overview: Gwynne Wilcox (a member of the National Labor Relations Board) sued President Donald Trump challenging her removal from the National Labor Relations Board as a violation of the National Labor Relations Act, claiming that Trump did not meet the standard required for Wilcox’s removal under federal law and that Wilcox was not given notice and a hearing to contest her removal.
Case Summary: This case challenges President Trump’s removal of Gwynne A. Wilcox from her position on the National Labor Relations Board. The suit alleges the removal is in violation of the National Labor Relations Act (29 U.S.C. § 151 et seq.), which allows the president to remove Board members only in cases of neglect of duty or malfeasance and only after notice and hearing. The Plaintiff is seeking relief under the Declaratory Judgement Act, 28 U.S.C. §§ 2201 and 2202, to establish that she remains a rightful member of the Board and that the President lacks authority to remove her. She also seeks an injunction against the Chairman of the National Labor Relations Board, who oversaw the termination.
Update 1: On Feb. 10, Plaintiff moved for expedited summary judgment.
Update 2: On Feb. 21, the government filed a cross-motion for summary judgment, arguing statutory restrictions protecting NLRB members unconstitutionally conflict with the President’s Article II powers.
Update 3: On Mar. 6, Judge Beryl Howell granted the plaintiff’s motion for summary judgment, and denied the defendant's cross motion for summary judgment. The court issued a declaratory judgment that Wilcox’s firing was unlawful and that she remains a member of the NRLB; the court further ordered that Wilcox be allowed to continue to serve in office unless removed for cause under the NLRA, and enjoined defendants from removing Wilcox or impeding her from executing her duties.
Update 4: On Mar. 6, defendants appealed to the D.C. Circuit and requested the district court issue a stay pending appeal. | 2025-03-06 | Grundmann v. Trump et al. (D.D.C)
Case No. 1:25-cv-00425
| Complaint | 2025-02-13 | Overview: Susan Grundmann (former Chair of the Federal Labor Relations Authority) sued President Donald Trump challenging her removal from the National Labor Relations Authority as a violation of the Federal Service Labor-Management Relations Statute, claiming that Trump did not meet the standard required for Grundmann’s removal under federal law and that Grundmann was not given notice and a hearing to contest her removal.
Case Summary: On Feb, 10, 2025, White House official Trent Morse sent a two-sentence email to Susan Grundmann stating that her position on the Federal Labor Relations Authority (FLRA), an independent agency, “is terminated, effective immediately.”
Plaintiff Susan Grundmann challenges her removal from the FLRA. Plaintiff was Chair of the FLRA when she received the email from Morse, Deputy Director of the White House Office of Presidential Personnel. Plaintiff alleges she was improperly removed in violation of the Federal Service Labor-Management Relations Statute (5 U.S.C. § 7104), which states that “Members of the Authority…may be removed by the President only upon notice and hearing and only for inefficiency, neglect of duty, or malfeasance in office.” Plaintiff seeks declaratory relief and an injunction ordering her reinstatement.
Update 1: On Feb. 14, Plaintiff filed a motion for preliminary injunction and summary judgment.
Update 2: On Feb. 25, defendants filed a cross motion for summary judgement and memorandum in opposition to the motion for a preliminary injunction. | 2025-02-25 | Dellinger v. Bessent (D.D.C.)
Case No. 1:25-cv-00385-ABJ
CASE CLOSED | Complaint | 2025-02-10 | Overview: Hampton Dellinger, Special Counsel of the U.S. Office of Special Counsel, sued President Donald Trump for firing him without cause in violation of a statute saying he may only be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A federal judge allowed him to resume his position while the case proceeded through the courts. The Supreme Court rejected the government’s appeal of this decision on February 21. On March 5, 2025, the DC Circuit Court issued a 3-0 decision that effectively removed Dellinger from his position as Special Counsel of the U.S. Office of Special Counsel, and the following day Dellinger dropped his case.
Case Summary: Plaintiff Hampton Dellinger has been the Special Counsel in the Office of the Special Counsel (OSC) since Mar. 6, 2024, when he was nominated by the President and confirmed by the Senate for a five-year term. The OSC is an independent federal agency founded by Congress as part of the Civil Service Reform Act of 1978. Its primary function is to protect federal employees and others who come forward as whistleblowers. Once confirmed, the Special Counsel serves a five-year term and “may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office.” On Feb. 7, 2025, Dellinger received a two-sentence email from Sergio Gor, informing Dellinger that he was terminated, effective immediately, and stating no cause for such termination. Dellinger is suing under six different counts and seeks a declaratory judgment that President Trump’s decision to fire him was unlawful, that the Special Counsel may only be removed for cause; and seeks an order that Dellinger may not be removed and is entitled to backpay. As precedent for the constitutionality of the statutory for-cause protection, Dellinger cites to Humphrey’s Executor.
Update 1: On Feb. 10, 2025, Judge Amy Berman Jackson issued an administrative stay on Dellinger’s termination through midnight on February 13, 2025, while the parties submit their briefs.
Update 2: On Feb. 11, 2025, defendants appealed to the D.C. Circuit (case no. 25-5025), making an emergency motion to stay the district court’s administrative stay.
Update 3: On Feb. 12, 2025, the D.C. Circuit dismissed the appeal for lack of jurisdiction.
Update 4: On Feb. 12, 2025, Judge Amy Berman Jackson of the D.C. District Court granted a temporary restraining order, ordering that Dellinger shall continue to serve as Special Counsel and prohibiting defendants from denying him the resources and materials of his office.
Update 5: On Feb. 13, Defendants filed an appeal to the D.C. Circuit (case no. 25-5028). In the District Court, their motion for a stay pending appeal was denied.
Update 6: On Feb. 15, the D.C. Circuit rejected the Defendant’s appeal in a 2-1 opinion.
Update 7: The Government petitioned the U.S. Supreme Court asking the Justices to freeze and vacate the district court order that had temporarily reinstated Dellinger.
Update 8: On Feb. 21, the Supreme Court rejected (7-2) the Government’s petition on the ground that a TRO was not properly subject to appeal at this stage.
Update 9: On Feb. 26, Judge Jackson extended the TRO ordering that Dellinger remain as Special Counsel for an additional three days until she “complete[s] the written opinion on the consolidated motion for preliminary injunction and cross motions for summary judgment” (indicating she will rule on that day, Mar. 1).
Update 10: On Mar. 1, Judge Jackson issued an Opinion and Order in favor of the Plaintiff. The Defendants immediately appealed to the DC Circuit.
Update 11: On Mar. 5, the DC Circuit in a 3-0 decision put a halt to the district court order pending the appeal. “This order gives effect to the removal of [Dellinger] from his position as Special Counsel of the U.S. Office of Special Counsel,” the DC Circuit wrote.
Update 12: On Mar. 6, Dellinger announced that he was dropping his case.
Final Update: CASE CLOSED | 2025-03-05 | Cathy A. Harris v. Bessent et al (D.D.C.)
Case No. 1:25-cv-00412 | Complaint | 2025-02-11 | Overview: Cathy A. Harris, a member of the Merit Systems Protection Board (“MSPB”), sued President Donald Trump for firing her from the MSPB without cause in violation of the Administrative Procedure Act. Harris asked the court to allow her to continue in her position while the lawsuit proceeds and to declare her removal unlawful. A federal court agreed Harris could remain in her role while the case is pending, ruling that Trump likely did not meet the standard required for her removal under applicable law. Trump appealed this ruling.
Case Summary: Plaintiff Cathy A. Harris challenges her removal from the Merit Systems Protection Board (MSPB), an independent federal agency. Plaintiff alleges that she received a one-sentence email from Trent Morse, Deputy Assistant to the President and Deputy Director of the White House Presidential Personnel Office, stating that Plaintiff had been terminated, effective immediately. Plaintiff, whose term on the MSPB was set to expire in 2028, alleges that she was unlawfully removed from her position without justification, despite the statutory requirement that MSPB members may only be removed for “inefficiency, neglect of duty, or malfeasance in office.” She alleges the action was ultra vires and violated the Administrative Procedure Act. She seeks a declaratory judgment and injunction as well as an emergency temporary restraining order to reinstate her position on the MSPB.
Update 1: On Feb. 11, Plaintiff moved for a temporary restraining order declaring that her removal is unlawful and that she is a member of the MSPB, and enjoining obstructing her access to the office.
Update 2: On Feb. 18, Judge Rudolph Contreras granted the temporary restraining order and ordered that Harris continue to serve as Chair of the MSPB until the court rules on a preliminary injunction.
Update 3: On Mar. 4, Judge Contreras granted the plaintiff’s motion for summary judgment. The court issued a declaratory judgment that Harris remains a member of the MSPB and that she may be removed by the President prior to the expiration of her term only for inefficiency, neglect of duty, or malfeasance in office. The court also enjoined defendants from removing Harris from office without cause.
Update 4: On Mar. 4, the government appealed to the D.C. Circuit and moved that the district court stay its order pending appeal.
Update 5: On Mar. 5, the district court denied the government’s motion to stay its order pending appeal. | 2025-03-05 | LeBlanc & Felten v. United States Privacy and Civil Liberties Oversight Board (D.D.C.)
Case No. 1:25-cv-00542 | Complaint | 2025-02-24 | Overview: After all three Democratic members of the Privacy and Civil Liberties Oversight Board (“PCLOB”) were removed by the PCLOB, two of them sued to challenge their removal. By law, the PCLOB is required to have members from both Democrat and Republican parties. The plaintiffs argue that they were dismissed unlawfully on the basis of their political affiliation and not for good cause. They have asked the court to declare that the Board does not have the authority to remove them purely for political reasons, and to void the removals as unlawful. They have also asked the court to require the PCLOB (aside from the President) to reinstate and stop the PCLOB (aside from the President) from future removals not based on good cause.
Case Summary: On Jan, 27, 2025, the U.S. Privacy and Civil Liberties Oversight Board (PCLOB) purported to remove Plaintiffs, two Senate-confirmed members of the Board. Plaintiffs represent two out of three Democratic members of the Board, which is required by statute to have Democratic and Republican members.
Plaintiffs allege that the text, structure, and function of the 9/11 Commission Act bars removal of PCLOB members without good cause. They also assert that by removing Board members solely on the basis of their political affiliation, defendants have acted “not in accordance with law.” They seek a declaration that the Defendants “have no authority” to remove Plaintiffs from the Board based on their political affiliation and for the court to “hold unlawful and set aside the purported removals.” They also seek an injunction prohibiting defendants (other than the President) from removing them from their positions without good cause and enjoin defendants (other than the President) to restore them to those positions. | 2025-02-24 | | Executive Action: Dismantling of USAID (Executive Order 14169) (State Dept stop-work order) |
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American Foreign Service Association v. Trump (D.D.C.)
Case No. 1:25-cv-00352 | Complaint | 2025-02-06 | Overview: Two unions sued the Trump administration, challenging its efforts to dismantle the United States Agency for International Development (“USAID”). The unions argue that the efforts are unconstitutional, violate federal law, and exceed the scope of agency authority. The unions have asked the court to declare the administration’s actions unlawful and unconstitutional, and immediately stop the administration’s efforts by appointing an independent administrator, restoring funding, and voiding the suspension of employees. The court initially stopped the administration from suspending employees but did not restore funding; however, on February 21, 2025, the court reversed its earlier temporary restrictions on the administration, on the basis that the dispute could be resolved outside of the court. On March 10, 2025, the unions filed a new motion arguing that the court should have jurisdiction to decide this dispute.
Case Summary: On Jan. 20, 2025, the Trump administration issued an executive order including a 90-day pause in “foreign development assistance,” and the Secretary of State then issued stop-work orders for United States Agency for International Development (USAID) foreign assistance grants. Later, Secretary of State Rubio was named as acting USAID Administrator and USAID contractors were laid off or furloughed. On Feb. 3, Elon Musk posted that he had spent the previous weekend “feeding USAID to the woodchipper,” and USAID headquarters in Washington, D.C. was closed. On Feb. 4, a message was posted on the USAID website that all directly-hired USAID staff would be placed on administrative leave as of 11:59pm EST on Friday, Feb. 7, 2025. Plaintiffs sued, arguing executive actions either to dissolve USAID or merge it with the State Department are unconstitutional violations of the separation of powers and the Take Care Clause; and unlawful under of the Administrative Procedure Act by exceeding statutory authority, violating the Further Consolidated Appropriations Act, and involving arbitrary and capricious abuses of discretion. Plaintiffs seek a declaratory judgment that the administration’s actions are unlawful and unconstitutional; a temporary restraining order and preliminary injunction directing the administration to halt efforts to shut down the agency, including by appointing an independent administrator, restoring grant funding, recalling furloughs, and halting efforts to place more employees on administrative leave, among other actions. Plaintiffs also seek court supervision, and a permanent injunction barring the administration from taking action to dissolve USAID absent congressional authorization.
Update 1: On Feb. 7, 2025, Judge Carl J. Nichols issued a temporary restraining order preventing USAID from placing employees on administrative leave or evacuating them. He rejected the plaintiffs’ request for a restraining order on the funding freeze on the ground that the plaintiffs (USAID employees) could not show sufficient harm to themselves.
Update 2: On Feb. 13, the court extended the TRO until Friday, Feb. 21, at 11:59 PM. Judge Nichols also amended the TRO’s statement to clarify that no USAID employees can be involuntarily evacuated from their host countries while the TRO remains in place.
Update 3: On Feb. 14, the Government submitted a declaration by Pete Marocco, who performs the duties and functions of both Deputy Administrators of USAID; the declaration responds to the court’s questions about government actions to protect USAID employees abroad subject to administrative leave or in the event of employees staying voluntarily beyond the time of an evacuation.
Update 4: On Feb. 21, Judge Nichols issued an Order and Memorandum Opinion rejecting the preliminary injunction and dissolving the TRO. His reasoning included that plaintiffs do not face irreparable harm after a series of concessions from Deputy Administrator Marocco, and that they could pursue remedies with administrative bodies governing disputes between the federal government and civil servants.
Update 5: On Mar. 10, Plaintiffs moved for summary judgment, arguing that the court (not administrative bodies) has jurisdiction over the claim, and that Defendants’ actions violate both the Constitution and the Administrative Procedure Act.
Update 6: On Mar. 11, Plaintiffs moved for a temporary restraining order alleging potential destruction of documents, including copy of an internal email from Acting Executive Secretary of USAID Erica Carr to staff.
Update 7: On Mar. 12, the Defendants responded to the Mar. 11 motion for a temporary restraining order and included an affidavit by Carr. The defendants stated that the instruction to destroy documents “had nothing to do with this litigation,” was done to clear space formerly occupied by USAID, and were copies “where the originally classified document is retained by another government agency and for which there is no need for USAID to retain a copy.” | 2025-03-12 | AIDS Vaccine Advocacy Coalition v. United States Department of State (D.D.C.)
Case No. 1:25-cv-00400 | Complaint | 2025-02-10 | Overview: Two nonprofit organizations sued the Trump administration over the suspension of United States Agency for International Development (“USAID”) funding. The organizations argue that the suspensions have harmed their work and employees, exceed the President’s scope of authority, and violate the Constitution. The organizations have asked the court to declare the suspension unlawful, immediately reinstate funding, and stop enforcement of the suspension. The court stopped the enforcement of a blanket suspension of funding but did not stop the underlying Executive Order (EO 14169) which affects employment and contracts. The organizations subsequently argued that the administration failed to comply with the order, to which the court ordered enforcement on the administration but did not expressly acknowledge any noncompliance. The Trump administration appealed this case up to the US Supreme Court. On March 5, 2025, the Supreme Court decided that the administration must continue to pay already appropriated foreign assistance funds.
Case Summary: On Jan. 20, 2025, the Trump administration issued an executive order including a 90-day pause in “foreign development assistance,” and the Secretary of State then issued stop-work orders for United States Agency for International Development (USAID) foreign assistance grants.
Plaintiffs, AIDS Vaccine Advocacy Coalition (AVAC) and Journalism Development Network (JDN), sued for declaratory and injunctive relief to stop the implementation of the Executive Order and the stop-work order. Plaintiffs are two nonprofit organizations that receive federal grants from USAID to support their work. Both AVAC’s and JDN’s funding was appropriated by Congress through the Further Consolidated Appropriations Act. Plaintiffs allege the Executive Order and stop-work order have been detrimental to their work, forcing them to lay off staff, slashing their budgets, and impacting their ability to carry out their missions. They allege the President acted ultra vires and usurped legislative authority. They also allege the President has violated the Take Care Clause. Plaintiffs’ claims against the State Department, USAID, Secretary of State Marc Rubio, Office of Management and Budget (OMB), and OMB Director Vought are that the stop-work orders are arbitrary and capricious in violation of the Administrative Procedure Act, the Anti-Deficiency Act (as an “unlawful reserve”), and the Impoundment Control Act. Plaintiffs seek a declaration from the court that the suspension of foreign aid is unlawful, an injunction stopping defendants from enforcing the Executive Order, and an order to immediately reinstate foreign assistance funding.
Update 1: On Feb. 12, Plaintiffs moved for a TRO enjoining Defendants from enforcing the Executive Order and State Department policy, enjoining stop-work orders, and reinstating foreign assistance funding and administration.
Update 2: On Feb. 13, the court granted a TRO in this case and Global Health Council v. Trump on narrower terms than originally requested. The order enjoins implementation on the blanket suspension of foreign aid funding, but does not enjoin enforcement or implementation of Executive Order 14169, individual personnel decisions, or termination of individual contracts.
Update 3: On Feb. 19, Plaintiffs filed an emergency motion for contempt seeking to enforce the Feb. 13 TRO against Defendants and hold them in civil contempt. Plaintiffs allege that Defendants’ purported compliance with the TRO “strains credulity” and that Defendants have continued to suspend funding and enforce stop-work orders in violation of the court’s orders.
Update 4: On Feb. 20, the court granted in part plaintiffs’ motion for enforcement of the court’s TRO “to the extent Defendants have not complied with the terms of the TRO,” but did not make a finding of contempt, citing “Defendants’ explicit recognition that ‘prompt compliance with the order’ is required.” The granted motion applies to this case and Global Health Council v. Trump.
Update 5: On Feb. 24, plaintiffs in Global Health Council v. Trump filed an emergency renewed motion to enforce the TRO. The court held a hearing the following day and, on Feb. 25, granted the motion for a proposed order requiring the Administration pay all invoices and letter of credit drawdown requests for work completed prior to the TRO, as well as reimbursements on grants and assistance agreements by 11:59 pm on Wednesday, Feb. 26. The court further mandated that the Administration take no actions to impede and must ensure the prompt payment of appropriated foreign assistance funds going forward. The court also reportedly ordered the government to provide the court, by Feb. 26 at noon, with all internal directives to agency employees concerning compliance with the TRO.
Update 6: On Feb. 25, the Government submitted a notice of its decision to appeal the court’s decision to the DC Circuit, and a motion to stay the court’s order pending appeal.
Update 7: On Feb. 26, the district court rejected and the D.C. Circuit dismissed the Government’s motion for a stay.
Update 8: On Feb. 26, the Government filed an application with the U.S. Supreme Court (while the decision before the D.C. Circuit was still pending) to vacate the district court’s TRO and grant an immediate administrative stay. That evening, Chief Justice Roberts granted an administrative stay and ordered a response by the plaintiffs by Feb. 28 at 12:p.m. EST.
Update 9: On Feb. 28, the Plaintiffs filed its opposition to the application.
Update 10: On Mar. 5, the Supreme Court rejected the Defendants’ petition in a 5-4 decision.
Update 11: On Mar. 6, Judge Amir H. Ali ruled from the bench that the government must make outstanding balances to the Plaintiffs by Mar. 10; but did not resolve the payments for foreign aid recipients other than the Plaintiffs, which total near $2 billion.
Update 12: On Mar. 10, Judge Ali granted in part and denied in part the motion for a preliminary injunction. The judge ordered the government to pay nearly $2 billion in foreign assistance for work performed before Feb. 13, but he did not reject the State Department’s review and termination of thousands of foreign aid contracts for work after that date. He ruled that the plaintiffs were not likely to succeed on the claim that the latter actions flowed from the original government directives in violation of the law.
| 2025-03-10 | Global Health Council v. Trump (D.D.C.)
Case No. 1:25-cv-00402 | Complaint | 2025-02-11 | Overview: A group of organizations sued the Trump administration for defunding the United States Agency for International Development (“USAID”), laying off employees, and attempting to dismantle the agency. The group argues that these actions violated the Constitution and federal laws, and exceeded the authority of the agencies and the President. The group has asked the court to void all actions taken by the administration, and stop the administration from implementing the underlying Executive Order (EO 14169). The Trump administration appealed this case up to the US Supreme Court. On March 5, 2025, the Supreme Court decided that the administration must continue to pay already appropriated foreign assistance funds.
Case Summary: A group of for-profit and nonprofit organizations that contract with USAID sued the Trump administration over its recent actions to defund USAID, lay off or furlough employees, and transfer the Agency to be under the State Department. Plaintiffs provide a detailed chronology of the actions, memoranda, and statements that the Administration has issued. In addition to imperiling future projects by freezing future funds, plaintiffs also allege that there is money unpaid for services already performed. ($3,376,832 for Democracy International, approximately $120 million for DAI, $103.6 million for Chemonics, and tens of millions for SBAIC’s members.) Plaintiffs allege that neither the President, nor the Secretary of State, nor the USAID Administrator have the authority to unilaterally withhold already-appropriated funds, citing the Constitution and statutory law prohibiting the unilateral withholding: the Impoundment Control Act and the Anti-Deficiency Act. Plaintiffs also claim violations of the Administrative Procedure Act; that the Executive’s actions were arbitrary and capricious, and contrary to statutory and constitutional law. Plaintiffs ask the court to vacate and set aside all of the defendants’ actions to implement Executive Order 14169 and seek injunctions to prevent defendants from continuing to implement EO 14169 and from “dismantling USAID.”
Update 1: On Feb. 11, Plaintiffs moved for a TRO enjoining implementation of the Executive Order and State Department Memorandum.
Update 2: On Feb. 13, the court granted a TRO in this case and AIDS Vaccine Advocacy Coalition v. United States Department of State on narrower terms than originally requested. The order enjoins implementation on the blanket suspension of foreign aid funding, but does not enjoin enforcement or implementation of Executive Order 14169, individual personnel decisions, or termination of individual contracts.
Update 3: On Feb. 20, the court granted in part plaintiffs’ motion for enforcement of the court’s TRO “to the extent Defendants have not complied with the terms of the TRO,” but did not make a finding of contempt, citing “Defendants’ explicit recognition that ‘prompt compliance with the order’ is required.” The granted motion applies to this case and AIDS Vaccine Advocacy Coalition v. United States Department of State.
Update 4: On Feb. 24, plaintiffs filed an emergency renewed motion to enforce the TRO. The court held a hearing the following day and, on Feb. 25, granted the motion for a proposed order requiring the Administration pay all invoices and letter of credit drawdown requests for work completed prior to the TRO, as well as reimbursements on grants and assistance agreements by 11:59 pm on Wednesday, Feb. 26. The court further mandated that the Administration take no actions to impede and must ensure the prompt payment of appropriated foreign assistance funds going forward. The court also reportedly ordered the government to provide the court, by Feb. 26 at noon, with all internal directives to agency employees concerning compliance with the TRO.
Update 5: On Feb. 25, the Government submitted a notice of its decision to appeal the court’s decision to the DC Circuit, and a motion to stay the court’s order pending appeal.
Update 6: On Feb. 26, the district court rejected and the D.C. Circuit dismissed the Government’s motion for a stay.
Update 7: On Feb. 26, the Government filed an application with the U.S. Supreme Court (while the decision before the D.C. Circuit was still pending) to vacate the district court’s TRO and grant an immediate administrative stay. That evening, Chief Justice Roberts granted an administrative stay and ordered a response by the plaintiffs by Feb. 28 at 12:p.m. EST.
Update 8: On Feb. 28, the Plaintiffs filed its opposition to the application.
Update 9: On Mar. 5, the Supreme Court rejected the Defendants’ petition in a 5-4 decision.
Update 10: On Mar. 6, Judge Amir H. Ali ruled from the bench that the government must make outstanding balances to the Plaintiffs by Mar. 10; but did not resolve the payments for foreign aid recipients other than the Plaintiffs, which total near $2 billion.
Update 11: On Mar. 10, Judge Ali granted in part and denied in part the motion for a preliminary injunction. The judge ordered the government to pay nearly $2 billion in foreign assistance for work performed before Feb. 13, but he did not reject the State Department’s review and termination of thousands of foreign aid contracts for work after that date. He ruled that the plaintiffs were not likely to succeed on the claim that the latter actions flowed from the original government directives in violation of the law.
| 2025-03-10 | Personal Services Contractor Association v. Trump et al (D.D.C.)
Case No. 1:25-cv-00469
| Complaint | 2025-02-18 | Overview: The Personal Services Contractor Association, representing contractors from the US Agency for International Development (“USAID”), challenged President Donald Trump’s Executive Order that suspended U.S. foreign aid and began dismantling USAID. They seek both an immediate temporary restraining order and a permanent injunction to prevent USAID's dismantling and the freezing of congressionally appropriated foreign assistance funds.On Mar. 6, a federal judge denied the contractors’ request for the temporary restraining order.
Case Summary: On Jan. 20, 2025, the Trump administration issued an executive order including a 90-day pause in “foreign development assistance,” and the Secretary of State then issued stop-work orders for United States Agency for International Development (USAID) foreign assistance grants.
The Personal Services Contractor Association filed suit on Feb. 18, 2025, challenging Executive Order 14169 and subsequent actions that effectively suspended U.S. foreign aid and began dismantling USAID. The plaintiffs, representing USAID contractors, allege these actions have caused severe disruption, including contractors being locked out of facilities and email, facing eviction overseas, losing access to healthcare, and being unable to carry out humanitarian aid work. The plaintiffs bring four causes of action: (1) violation of separation of powers against Trump, (2) violation of the Take Care Clause against Trump, (3) violation of the Administrative Procedure Act (APA) for arbitrary and capricious actions against all defendants except Trump, and (4) violation of the APA for actions not in accordance with law (including under the Impoundment Act and Anti-Deficiency Act) against all defendants except Trump. The plaintiffs seek both immediate temporary relief (to restore USAID contractors to their pre-January 20 employment status and work conditions) and permanent injunctive relief to prevent USAID's dismantling, its absorption into the State Department, and the freezing of congressionally-appropriated foreign assistance funds without congressional approval. They also request ongoing compliance monitoring through regular status reports.
Update 1: On Feb. 19, Plaintiffs submitted a motion for a temporary restraining order, including 13 Declarations as Exhibits.
Update 2: On Mar. 6, Judge Carl Nichols ruled from the bench denying the contractors' request for the temporary restraining order. Judge Nichols said the complaints should be adjudicated by the board of contract appeals or the U.S. Court of Federal Claims. The judge also said the plaintiffs had not established that they would suffer irreparable harm or that a TRO was in the public interest. | 2025-03-06 | | Executive Action: Denial of State Department Funds |
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National Endowment for Democracy v. United States (D.D.C.)
Case No. 1:25-cv-00648 | Complaint | 2025-03-05 | Case Summary: The National Endowment for Democracy (NED) filed suit challenging the Executive Branch’s withholding of funds appropriated to the Endowment by Congress. The NED was established by the National Endowment for Democracy Act of 1983. In the Act, Congress specified that the NED would be funded by annual congressional appropriations, which would then be disbursed to the Endowment via grants from the Department of State. The statute also prescribes that the Endowment must withdraw funds from an account held by the Department of Treasury on an as-needed basis.
The complaint alleges that for the past month, “the Executive Branch has denied the Endowment access to its congressionally appropriated funds—something that has never occurred before in the Endowment’s forty-two-year existence.” As a result, the Endowment claims it is “experiencing a devastating cash flow crisis that jeopardizes its ability to fulfill its mission and its very existence, as well as that of its core institutes and grantees.” The complaint alleges that the Executive Branch is obligated by the NED Act to grant the funds appropriated by Congress, and by not doing so, it is acting “contrary to law and in excess of statutory authority because the statutory scheme creates a mandatory, non-discretionary duty for Defendants to make available, obligate, and disburse the Endowment’s congressionally appropriated funds.” The complaint argues that the administration’s actions constitute an “unlawful impoundment” in violation of the Administrative Procedure Act, the All Writs Act, the Presentment Clause, the Appropriations Clause, the Take Care Clause, and the Separation of Powers. Plaintiffs seek declaratory and injunctive relief, a temporary restraining order and preliminary injunction barring Defendants from impounding the Endowment’s funds.
Update 1: On Mar. 6, plaintiffs filed a motion for a temporary restraining order. | 2025-03-06 | | Dismantling the U.S. African Development Foundation (Executive Order 14127) |
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Brehm v. Marocco (D.D.C.)
Case No. 1:25-cv-00660 | Complaint | 2025-03-06 | Overview: President Donald Trump issued an Executive Order to eliminate parts of four government offices, including the U.S. African Development Foundation (USADF). Ward Brehm, a USADF Board member, received a notice of termination after USADF refused to provide DOGE with access to USADF information systems, and Pete Marocco was appointed as acting Chair. Brehm filed a lawsuit against Marocco, DOGE, and Trump, seeking to stop his removal and Marocco’s appointment and requesting a temporary block. A federal judge has denied Brehm’s request to temporarily block his removal and Marocco’s appointment while the case proceeds.
Case Summary: On Feb. 19, President Trump issued Executive Order 14127, which directed that “non-statutory components and functions” of four government entities, including the U.S. African Development Foundation (USADF), “be eliminated,” among other actions. On Feb. 21, DOGE allegedly demanded access to USADF information systems, and USADF staff informed them of legal requirements that DOGE employees would have to satisfy before access was provided. On Feb. 24, Ward Brehm, a member of the USADF Board, allegedly received notice from the White House Presidential Personnel Office (PPO) that he had been terminated. On Feb. 28, USADF management allegedly received a letter from PPO appointing Pete Marocco as acting Chair of the Board of USADF. On Mar. 3, previously appointed members of the Board allegedly held an emergency meeting and determined that Marocco’s appointment was unlawful. On Mar. 5, Brehm allegedly informed DOGE that Marocco did not hold a position with USADF and instructed USADF staff to deny him access to its offices.
On Mar. 6, Brehm in his personal and official capacity, filed suit against Marocco, DOGE, and President Trump, arguing the defendants actions are (1) an ultra vires violation of the African Development Foundation Act as Marocco was neither nominated to the Board nor confirmed by the Senate; (2) an ultra vires violation of the separation of powers; (3) a violation of the APA as not in accordance with the law and in excess of statutory authority. Brehm seeks a declaratory judgment that he is the President of USADF and Marocco’s appointment was unlawful; preliminary and permanent injunctive relief; and, in the alternative, a writ of mandamus prohibiting his removal by any entity other than the Board.
The same day, plaintiff filed a motion for a temporary restraining order.
Update 1: On Mar. 6, Judge Richard J. Leon issued an administrative stay prohibiting Brehm from being removed from office and Marocco from being appointed to the Board.
Update 2: On Mar. 11, Judge Leon issued a Memorandum Order denying the TRO request. “The heart of the problem is that Brehm has not identified any cognizable irreparable harm to himself as opposed to potential harm to the agency and its partners,” Judge Leon wrote (emphasis in original). As an aside, Judge Leon wrote that “Brehm raise[sic] a colorable Appointment Clause claim,” that the Vacancy Act does not permit the appointment of Marocco and “[t]he Court has not found–nor has the Government identified–any other statute that provides President Trump with the authority to appoint Marocco as the Acting Chairman of the Board.”
| 2025-03-11 | | Executive Action: Dismantling of Consumer Financial Protection Bureau |
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National Treasury Employees Union v. Russell Vought (D.D.C.)
Case No. 1:25-cv-00381 | Complaint (Feb. 6, 2025)
Amended Complaint (Feb. 13, 2025)
| 2025-02-09 | Overview: National Treasury Employees Union, representing employees across 37 federal agencies and departments including the Consumer Financial Protection Bureau (“CFPB”), challenged the Trump Administration's efforts to shut down the CFPB and requested a temporary restraining order against the CFPB and Acting Director Russell Vought. A federal judge ordered the Administration to stop deleting and removing records, terminating employees without cause, or disbursing funds except for operating expenses, while the case proceeds.
Case Summary: The Consumer Financial Protection Bureau (CFPB) was created by Congress in the aftermath of the 2007–2008 great recession, to support and protect American consumers in the financial marketplace. On Feb. 7, 2025, Elon Musk posted “CFPB RIP” with a tombstone emoji on his X account. On Feb. 8, Russell Vought, the Acting Director of the CFPB, posted on X that he had notified the Federal Reserve that CFPB would not take “its next draw of unappropriated funding because it is not ‘reasonably necessary’ to carry out its duties.” In an email to CFPB employees, Vought directed the CFPB workforce to “cease all supervision and examination activity,” “cease all stakeholder engagement,” pause all pending investigations, not issue any public communications, and pause “enforcement actions.” He also notified the CFPB workforce that the Washington headquarters would be closed for the coming week. Plaintiffs allege that preventing CFPB from drawing down more funding and ordering a halt on enforcement activities constitutes an unlawful attempt to thwart Congress’s decision to create CFPB, which would be a violation of the separation of powers. They seek a declaratory judgment that Vought’s directives are unlawful and an injunction that prevents him from further attempts to dismantle CFPB’s supervision and enforcement work.
Update 1: On Feb. 13, Plaintiffs moved for an administrative stay and TRO enjoining defendants from taking action to terminate CFPB staff, requiring that cease work directives be lifted, and enjoining further efforts to suspend operations at CFPB.
Update 2: On Feb. 14, 2025, the court ordered that the defendants not delete, destroy, remove, or impair records; terminate any employee other than for cause or issue any notice of reduction-in-force to any CFPB employee; or disburse any funds, except to satisfy CFPB’s operating obligations, pending the resolution of plaintiffs’ motion for a TRO. The order also reclassified plaintiffs’ motion for a TRO as a motion for a preliminary injunction. | 2025-02-14 | Mayor and City Council of Baltimore et al. v. CFPB (D. Md.)
Case No. 1:25-cv-00458-ABA
| Complaint | 2025-02-12 | Overview: The Mayor and City Council of Baltimore, along with nonprofit Economic Action Maryland Fund, sued the Consumer Financial Protection Bureau (“CFPB”) and Acting Director Russell Vought challenging their actions to defund and halt operations at the CFPB. A federal judge ordered the Administration to stop transferring or relinquishing control of reserve funds, returning any reserve funds to the Federal Reserve or the Department of Treasury, or otherwise reducing funds except for operating expenses while the case proceeds.
Case Summary: On Feb. 7, 2025, President Trump named OMB Director Russell Vought as the Acting Director of the Consumer Financial Protection Bureau (CFPB). On Feb. 8, Vought instructed CFPB employees to stop performing any work tasks and notified the Federal Reserve Board of Governors that he was requesting $0 for the third quarter of fiscal year 2025. Plaintiffs allege that these and other statements and actions by Vought, President Trump, and Elon Musk indicate that the CFPB will be deprived of operating funds and will be unable to perform its statutorily mandated functions. Plaintiffs allege that the Baltimore City Law Department has an active account with the CFPB and uses the CFPB customer complaint database and attends trainings put on by the CFPB. Plaintiffs also claim injury because their constituents will be deprived of the CFPB’s enforcement actions against predatory business practices. The second plaintiff, Economic Action Maryland Fund, is a direct services nonprofit that operates in Maryland. For part of its work, the organization relies on the CFPB complaint databases and other resources CFPB publishes under the Home Mortgage Disclosure Act. Plaintiffs claim that defendants’ actions violate the Administrative Procedure Act (including that Vought’s actions allegedly violate the statutory requirement for the Director to request transfer of an amount “reasonably necessary to carry out the authorities of the Bureau under Federal consumer financial law.” Plaintiffs seek a declaratory judgment saying as much, as well as an injunction that would prevent defendants from defunding CFPB.
Update 1: On Feb. 12, Plaintiffs moved for a TRO enjoining defendants from defunding the CFPB, to which the government responded in opposition on Feb. 20.
Update 2: On Feb. 25, Judge Matthew J. Maddox issued an order that prevented the defunding of CFPB, and on Feb. 28, the judge issued an order extending that directive for another 14 days. | 2025-02-28 | | Executive Action: Dismantling the Department of Education |
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State of New York v. McMahon (D.Mass)
Case No. 1:25-cv-10601 | Complaint | 2025-03-13 | Overview:Twenty states and the District of Columbia requested the court to halt the announced Department of Education (DOE) and the Trump administration’s planned Reduction in Force (RIF) of half of the remaining employees of the DOE and closure of the DOE. The states based their claims on violations of the constitutional separation of powers and the Executive’s duty of care to execute laws, and as arbitrary and capricious under the Administrative Procedure Act.
Case Summary: On March 13, the Attorneys General of twenty states and the District of Columbia sued the DOE and the Trump administration to halt a planned Reduction in Force (RIF), which would reduce DOE’s staff of 4,133 by approximately 1,378. The RIF is itself only an announced “first step” in a “total shutdown” by Secretary of Education Linda McMahon, the complaint alleges. The suit points to statutory authority that mandates DOE functions under the 1979 Department of Education Organizing Act and other Acts including the Elementary and Secondary Education Act (1965) and Individuals with Disabilities Education Act (1975), and other education, disability, and civil rights laws. It states the Secretary of DOE is only authorized to reorganize by “allocat[ing] or reallocat[ing] functions among the officers of the Department” or modifying “organizational entities within the Department as may be necessary or appropriate,” 20 U.S.C. § 3473(a). Under counts alleging constitutional violations, ultra vires (acts outside of statutory authority), and violations of the Administrative Procedure Act, the states move the Court to vacate efforts to “dismantle” the DOE, to declare them illegal, and to enjoin the RIF.
| 2025-03-13 | | Executive Action: Termination of Inspectors General |
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Storch et al. v. Hegseth et al. (D.D.C.)
Case No. 1:25-cv-00415 | Complaint | 2025-02-12 | Overview: Eight Inspectors General of federal departments and agencies sued the Trump Administration alleging their removal from positions as Inspectors General violated the Inspector General Act and asking the court to allow them to continue in their roles while the case proceeds. A federal judge reportedly told the Inspectors General to withdraw their request to continue in their roles while the case proceeds.
Case Summary: On Jan. 24, 2025, the White House sent two-sentence emails to several Inspectors General (IGs) of federal departments and agencies informing them that they had been terminated from their positions. Plaintiffs, eight IGs, subsequently lost access to their government email accounts and computer systems, and were barred from entering their offices, among other actions. They filed suit, arguing their removal violates the Inspector General Act, which requires Congressional notification 30 days before an IG is removed and substantive, case-specific rationale for removal. The suit also argues defendants’ actions are ultra vires; and that plaintiffs are entitled to a writ of mandamus compelling defendants not to obstruct them in the exercise of their duties. They seek a declaratory judgment that the termination emails are legally ineffective and that plaintiffs remain lawful IGs in their agencies; and an injunction to prevent defendants from taking action to prevent plaintiffs from carrying out their duties as IGs.
Update 1: On Feb. 14, the judge reportedly told lawyers representing the fired inspectors general to withdraw their motion for a temporary restraining order. | 2025-02-14 | | Executive Action: Large-scale reductions in force (Executive Order 14210) |
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National Treasury Employees Union v. Donald Trump (D.D.C.)
Case No. 1:25-cv-00420 | Complaint | 2025-02-12 | Overview: Multiple unions have challenged President Donald Trump’s executive order (EO) to reduce the federal workforce by stripping thousands of civil service members of their employment protections, allowing them to be fired without cause. The unions argue that mass firings, the “deferred resignation” program, and preparations for large-scale reductions in force (“RIFs”) violate the Constitution and federal law. The unions have asked the court to declare these actions unlawful and stop agencies from implementing the RIFs and deferred resignation program.
Case Summary: On Feb. 11, 2025, President Trump issued an executive order instructing agency heads to “undertake preparations to initiate large-scale reductions in force (RIFs).” Plaintiffs allege that the executive order, along with the Office of Personnel Management’s “deferred resignation program,” violates separation of powers principles by undermining Congress’s authority, and the Administrative Procedure Act by imposing RIFs contrary to regulations. They seek a declaration that mass firings and the deferred resignation program are unlawful, along with injunctions to prevent agency heads from implementing RIFs and OPM from extending, expanding, or replicating its deferred resignation program. | 2025-02-12 | Maryland et al. v. U.S. Department of Agriculture et al. (D. Md.)
Case No. 1:25-cv-00748-ABA | Complaint | 2025-03-06 | Case Summary: On Feb. 11, 2025, President Trump issued an executive order instructing agency heads to “undertake preparations to initiate large-scale reductions in force (RIFs).”
Plaintiff States allege that Defendant agencies violated the Administrative Procedure Act by not abiding by the necessary statutory and regulatory requirements for RIF procedures including a required 60-day notice to states and employees; and on ground that the procedures adopted were arbitrary and capricious. They seek declaratory and injunctive relief requiring the Defendant agencies to 1) cease the RIFs of probationary employees; 2) reinstate any employees who were fired as part of the mass terminations that followed President Trump’s second inauguration; 3) refrain from separating any employees pursuant to a RIF prior to reinstatement of the unlawfully terminated employees; and 4) conduct any future RIFs in accordance with applicable law, including providing advance notice to States. | 2025-03-06 | | Executive Action: Termination of probationary employees |
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American Federation Of Government Employees, AFL-CIO v. Office of Personnel Management and Ezell (N.D. Cal.)
Case No. 3:25-cv-01780 | Complaint (Feb. 19, 2025); Amended Complaint (Feb. 23, 2025) | 2025-02-19 | Overview: A group of labor and nonprofit organizations are challenging the Office of Personnel Management’s (“OPM”) order to terminate federal employees en masse. The organizations argue that the terminations have falsely cited performance reasons and violate the Constitution and federal law. The organizations also argue that the OPM has violated federal law by sending emails to employees requesting weekly updates on their work; Elon Musk further stated that failure to comply would be considered a resignation. The organizations have asked the court to declare the mass termination unlawful, void the mass termination order, and rescind unlawful terminations made so far.
Case Summary: On Feb. 13, 2025, the Office of Personnel Management and Acting Director Charles Ezell ordered federal agencies to terminate tens of thousands of probationary employees en masse. Probationary employees are members of the competitive service in their first year of employment or of the excepted service in their first two years of employment, and may also include long-time federal workers who have recently been employed in a new position or a new agency.
Among the factual claims, Plaintiffs allege that Defendants sent agencies “standardized notices of termination, drafted by OPM, that falsely state that the terminations are for performance reasons.” Plaintiffs allege that the mass termination violates multiple requirements under the Administrative Procedure Act and separation of powers principles by overriding Congressional statutes authorizing and regulating agency hiring and firing. They seek a declaration that the mass termination is unlawful and a preliminary or permanent injunction setting aside OPM’s order, ceasing terminations pursuant to the order, and rescinding any prior unlawful terminations.
Update 1: On Feb. 23, Plaintiffs filed an amended complaint alleging that OPM further violated the APA by sending emails to government employees requesting updates on their week-to-week accomplishments and Musk’s stating that “[f]ailure to respond will be taken as a resignation.”
Update 2: On Feb. 27, Judge William Alsup reportedly ruled from the bench that OPM had no legal authority to issue directives for other agencies to fire probationary employees. Alsup noted that, due to jurisdictional issues, his order applies only to employees at six agencies (the National Park Service, National Science Foundation, Small Business Administration, Bureau of Land Management, and Department of Veterans Affairs, and Department of Defense), and that he could not directly order agencies to cease the firings. As for other agencies not covered, Alsup said, “I am going to count on the government to do the right thing, and to go a little bit further than I have ordered, and to let some of these agencies know what I have ruled.”
Update 3: On Feb. 28, Judge Alsup issued an Opinion and a written Order for a TRO. The Order states that OPM’s memos directing the termination of probationary workers were “unlawful, invalid, and must be stopped and rescinded,” and that OPM must provide written notice of the order to the six agencies. | 2025-02-28 | | Executive Action: Assertion of Executive Control of Independent Agencies (Executive Order 14215) |
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Democratic National Committee v. Trump (D.D.C.)
Case No. 1:25-cv-00587 | Complaint | 2025-02-28 | Case Summary: On Feb. 18, 2025, President Trump issued an executive order asserting that the Constitution vests all executive authority in the President, arguing that independent regulatory agencies exercise executive functions, and declaring the administration’s policy that such agencies fall under the supervision and control of the President. Such supervision and control requires independent agencies to abide by the President and Attorney General’s interpretations of the law. Plaintiffs, three national committees of the Democratic Party, filed suit as to how the order applies to the Federal Election Commission, an independent regulatory agency. They ask the court under the judicial review provisions of the Federal Election Campaign Act (FECA) to construe as constitutional the provisions of the Act that vest members of the Commission with authority to interpret it (rather than the President); and they argue the order violates the FECA. They seek declaratory judgment that the FECA is constitutional and that the executive order is unlawful as applied to the FEC; and they seek preliminary and permanent injunctive relief. | 2025-02-
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| Immigration and Citizenship |
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| Executive Action: Birthright Citizenship (Executive Order 14160) |
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New Hampshire Indonesian Community Support v. Donald J. Trump (D.N.H.)
Case No. 1:25-cv-38 | Complaint | 2025-01-20 | Overview: An organization with noncitizen members whose unborn children stand to have their citizenship revoked under President Donald Trump’s Executive Order (“EO”) ending birthright citizenship sued Trump alleging the EO is unconstitutional. A federal court temporarily blocked the EO while the lawsuit is pending on the basis that it likely violates the Fourteenth Amendment.
Case Summary: Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants on the basis that people in the United States illegally are not “subject to the jurisdiction thereof.” The ACLU sued the Trump administration on behalf of individuals in New Hampshire who would have their childrens’ citizenship revoked. The ACLU argues that the plain text of the 14th Amendment, as confirmed in U.S. v. Wong Kim Ark (1898), explicitly grants birthright citizenship for all people born in the United States.
Update 1: On Feb. 10, 2025, Judge Joseph N. Laplante issued a preliminary injunction. | 2025-02-10 | O. Doe; Brazilian Worker Center, Inc; La Colaborativa v. Donald J. Trump et al (D. Mass.)
Case No. 1:25-cv-10135-LTS | Complaint | 2025-01-20 | Overview: A group of noncitizen pregnant women with Temporary Protected Status whose unborn children stand to have their citizenship revoked under President Donald Trump’s Executive Order (“EO”) ending birthright citizenship sued Trump alleging the EO is unconstitutional. A federal court temporarily blocked the EO while the lawsuit is pending on the basis that it likely violates the Fourteenth Amendment. Trump has appealed the court’s decision.
Case Summary: Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants on the basis that people in the United States illegally are not “subject to the jurisdiction thereof.” A group of pregnant women whose children would not receive citizenship sued; the plaintiff identified as “O. Doe” lives in Massachusetts and has temporary protected status in the United States. The suit argues that the plain text of the 14th Amendment, as confirmed in U.S. v. Wong Kim Ark (1898), explicitly grants birthright citizenship for all people born in the United States.
Update 1: On Feb. 13, Judge Leo T. Sorokin issued an opinion granting a preliminary injunction enjoining the government from implementing and enforcing Executive Order No. 14,160, “Protecting the Meaning and Value of American Citizenship,” against plaintiff O. Doe, or any member of La Colaborativa or Brazilian Worker Center.
Update 2: On Feb. 19, Defendants submitted a notice of appeal to the First Circuit. | 2025-02-19 | State of New Jersey et al v. Donald J. Trump et al (D. Mass.)
Case No. 1:25-cv-10139 | Complaint | 2025-01-21 | Overview: A broad coalition of states sued President Donald Trump alleging his Executive Order (“EO”) revoking birthright citizenship for children of undocumented immigrants and others is unconstitutional. A federal court temporarily blocked the EO while the lawsuit is pending on the basis that it likely violates the Fourteenth Amendment; and the Fourth Circuit denied the defendants’ motion for a stay.
Case Summary: Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants on the basis that people in the United States illegally are not “subject to the jurisdiction thereof.” The attorneys general of 22 states, the District of Columbia, and the City of San Francisco sued to protect residents who would lose their citizenship under the executive order. The suit argues that the plain text of the 14th Amendment, as confirmed in U.S. v. Wong Kim Ark (1898), explicitly grants birthright citizenship for all people born in the United States.
Update 1: On Feb. 13, Judge Leo T. Sorokin issued an opinion granting a preliminary injunction enjoining the government from implementing and enforcing Executive Order No. 14,160, “Protecting the Meaning and Value of American Citizenship.”
Update 2: On Feb. 19, the Defendants submitted a notice of appeal to the First Circuit, and a motion to stay the district court order on appeal.
Update 3: On Feb. 26, Judge Sorokin denied defendants’ motion to stay the preliminary injunction pending resolution of their appeal.
Update 4: On March 11, the First Circuit denied the government’s motion for a stay. | 2025-03-11 | Casa v. Donald Trump (D. Md.)
Case No. 8:25-cv-00201-DLB | Complaint | 2025-01-21 | Overview: CASA and Asylum Seeker Advocacy Project (two immigrant rights organizations) and a group of noncitizen pregnant women whose unborn children stand to have their citizenship revoked under President Donald Trump’s Executive Order (“EO”) ending birthright citizenship sued Trump alleging the EO is unconstitutional. A federal court temporarily blocked the EO while the lawsuit is pending on the basis that it likely violates the Fourteenth Amendment.
Case Summary: Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants on the basis that people in the United States illegally are not “subject to the jurisdiction thereof.” The plaintiffs, including immigrant rights organizations CASA and ASAP, as well as individual immigrant parents, argue that the Executive Order violates the Fourteenth Amendment and federal statute 8 U.S.C. § 1401(a), both of which guarantee citizenship to all persons born in the U.S. The complaint asserts that the executive order exceeds presidential authority and causes irreparable harm by stripping constitutionally protected rights from children born to immigrants (e.g., the right to remain in the United States, access public benefits, and participate fully in civic life) and destabilizes their families, potentially leaving children stateless and separating them from their parents.
Update 1: On Feb. 5, 2025, Judge Deborah Boardman issued an opinion granting the plaintiffs’ motion for a preliminary nationwide injunction blocking implementation of the birthright citizenship Executive Order.
Update 2: On Feb. 13, the Defendants submitted a notice of appeal to the Fourth Circuit. | 2025-02-05 | Franco Aleman et al. v. Trump et al. (W.D. Wash.)
Case No. 2:25-cv-00163-JCC | Complaint | 2025-01-24 | Overview: A group of noncitizen pregnant women whose unborn children stand to have their citizenship revoked under President Trump’s Executive Order (“EO”) ending birthright citizenship sued Trump alleging the EO is unconstitutional. The case was consolidated with State of Washington et al v. Donald J. Trump, combining efforts to block the order on constitutional grounds.
Case Summary: Plaintiffs are non-citizen pregnant women whose due dates are after the implementation date of the Executive Order eliminating birthright citizenship. Plaintiffs bring this suit as a class action on behalf of all others similarly situated. They allege that the EO is a violation of the Fourteenth Amendment and seek an injunction to enjoin Defendants from enforcing the EO.
Update 1: On Jan. 27, State of Washington et al v. Donald J. Trump (complaint) was consolidated with this case. | 2025-01-27 | State of Washington et al v. Donald J. Trump et al (W.D. Wash.)
Case No. 2:25-cv-00127-JCC | Complaint | 2025-01-21 | Overview: The states of Washington, Arizona, Illinois and Oregon sued to block President Donald Trump's Executive Order (“EO”) revoking birthright citizenship for children of undocumented immigrants and those with temporary visas, alleging that the EO is unconstitutional. A federal court temporarily blocked the EO while the lawsuit is pending on the basis that it likely violates the Fourteenth Amendment. Trump has appealed the court’s decision.
Case Summary: Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants on the basis that people in the United States illegally are not “subject to the jurisdiction thereof.” Four states sued to protect residents who would lose their citizenship under the executive order. The suit argues that the plain text of the 14th Amendment, as confirmed in U.S. v. Wong Kim Ark (1898), explicitly grants birthright citizenship for all people born in the United States.
Update 1: On Jan. 23, 2025, Judge John Coughenour of the Western District of Washington issued a temporary restraining order against the Executive Order.
Update 2: On Jan. 27, Franco Aleman v. Trump (complaint) was consolidated with this case.
Update 3: On Feb. 6, Judge Coughenour issued an opinion granting the plaintiffs’ motion for a preliminary injunction enjoining implementation of the Executive Order.
Update 4: On Feb. 6, defendants appealed to the Ninth Circuit Court (case no. 25-807).
Update 5: On Feb. 12, defendants made an emergency motion to stay the district court’s injunction.
Update 6: On Feb. 19, the Ninth Circuit issued an order denying the government’s emergency motion to stay the district court’s injunction and leaving the existing briefing schedule unchanged. | 2025-02-19 | OCA–Asian Pacific American Advocates v. Marco Rubio et al (D.D.C.)
Case No. 1:25-cv-00287 | Complaint | 2025-01-30 | Overview: Asian Pacific American Advocates (a non profit organization) sued to block President Donald Trump’s Executive Order (“EO”) revoking birthright citizenship for children of undocumented immigrants and those with temporary visas, alleging that the EO is unconstitutional. The lawsuit argues that the EO violates the Constitution, federal statutes, and the Administrative Procedure Act.
Case Summary: Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants and for the children of parents on lawful temporary visas on the basis that they are not “subject to the jurisdiction” of the United States. OCA sued Marco Rubio and the heads of other departments and agencies on behalf of at least two pregnant women expected to give birth to children denied citizenship by the order. Both women reside in the United States on lawful, temporary, nonimmigrant visas. OCA argues that the order violates the plain text of the Fourteenth Amendment, statutes (8 U.S.C. § 1401 et seq.), and the Administrative Procedure Act, 5 U.S.C. § 706(2). The suit identifies an injured “subclass” of “Targeted Children” denied the privileges and public benefits afforded to U.S. citizens, seeking declaratory and injunctive relief. | 2025-01-31 | County of Santa Clara v. Trump, et al (N.D. Cal.)
Case No. 5:25-cv-00981 | Complaint | 2025-01-30 | Overview: The County of Santa Clara sued to block President Donald Trump’s Executive Order (“EO”) revoking birthright citizenship for children of undocumented immigrants and those with temporary visas. The lawsuit argues that the EO violates the Constitution, federal statutes, and the Administrative Procedure Act.
Case Summary: Trump’s executive order seeks to revoke birthright citizenship for the children of undocumented immigrants and for the children of parents on lawful temporary visas on the basis that they are not “subject to the jurisdiction” of the United States. The County of Santa Clara sued to protect residents who would lose their citizenship or whose U.S.-born children will not receive citizenship and to prevent administrative burdens and loss of tax revenues associated with that prospective loss of citizenship. Santa Clara argues that the order violates the plain text of the Fourteenth Amendment, statutes (8 U.S.C. § 1401 et seq.), and the Administrative Procedure Act, 5 U.S.C. § 706(2), and seeks declaratory and injunctive relief. | 2025-01-31 | Le v. Trump (C.D. Cal.)
Case No. 8:25-cv-00104 | Complaint (under seal per Privacy Act) | 2025-01-20 | Overview: A birthright citizenship case under seal. This case has been stayed while a related case, Washington v. Trump, continues to be litigated.
Case Summary: A birthright citizenship case under seal.
On Jan. 24, 2025, Judge Maame Ewusi-Mensah Frimpong, upon joint agreement by the parties, held briefing in abeyance pending the TRO and preliminary injunction litigation in Washington v. Trump. | 2025-01-24 | New York Immigration Coalition v. Trump et al. (S.D.N.Y.)
Case No. 1:25-cv-01309 | Complaint | 2025-02-13 | Overview: A New York-based coalition of immigrant and refugee organizations and a pregnant noncitizen woman sued to block President Donald Trump’s Executive Order (“EO”) revoking birthright citizenship for children of undocumented immigrants and those with temporary visas. The lawsuit argues that the EO violates the Constitution and the Immigration and Naturalization Act.
Case Summary: Plaintiffs are a nonprofit organization as well as a Venezuelan national, J.V., who has Temporary Protected Status and a pending asylum petition. She is five months pregnant. Plaintiffs allege that the EO violates 8 U.S.C. § 1401(a) and the Citizenship and Equal Protection Clauses of the Fourteenth Amendment. Plaintiffs also seek a permanent injunction against enforcement of the EO. | 2025-02-13 | | Executive Action: Immigration policy — punishment of sanctuary cities and states (Executive Order 14159) (DOJ “Sanctuary Jurisdiction Directives” (Feb. 5, 2025)) |
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Organized Communities Against Deportations et al v. Benjamine Huffman (Acting Secretary of Homeland Security) et al (N.D. Ill.)
Case No. 25-cv-868 | Complaint | 2025-01-25 | Overview: Immigrant advocacy organizations in Chicago filed a lawsuit against Acting Attorney General Benjamine Huffman, challenging policy guidance targeting Sanctuary City policies and related immigration raids. The lawsuit seeks to block the implementation of this guidance on the basis that it violates the Constitution and the Administrative Procedure Act.
Case Summary: Acting Attorney General Benjamine Huffman issued policy guidance that, among other immigration-related policies, instructs the Civil Division of the Department of Justice “to identify state and local laws, policies, and activities that are inconsistent with Executive Branch immigration initiatives and, where appropriate, to take legal action to challenge such laws.” The plaintiffs, Chicago-based immigrant-advocacy organizations, allege that the guidance, and subsequent raids “specifically for the purpose of ending the Plaintiffs’ Sanctuary City advocacy and movement building,” violate the Administrative Procedure Act and the First Amendment. The lawsuit seeks an injunction against the Department of Justice’s guidance. | 2025-01-31 | City and County of San Francisco v. Donald J. Trump, et al (N.D. Cal.)
Case No. 3:25-cv-01350 | Complaint | 2025-02-07 | Overview: Several cities and counties sued President Donald Trump and his administration challenging an Executive Order (“EO”) and a Department of Justice (“DOJ”) memo that, together, would withhold federal funds from Sanctuary Cities. The lawsuit argues that the Trump administration should be blocked from implementing the EO because both the EO and the DOJ memo violate multiple Constitutional provisions and the Administrative Procedure Act.
Case Summary: Trump’s executive order directed the Departments of Justice and Homeland Security to withhold federal funds from sanctuary cities, which the Department of Justice implemented through a Feb. 5, 2025 “Sanctuary Jurisdiction Directives” memorandum. The plaintiffs include various cities and counties. They sued on the grounds that the executive order and DOJ memo violate the Tenth Amendment’s reservation of unenumerated power to the states, separation of powers, the spending clause, the Fifth Amendment’s due process clause, and the Administrative Procedure Act. The lawsuit seeks a declaration that the executive order is unconstitutional and a permanent injunction on any effort to enforce the provisions withholding funding. | 2025-02-07 | City of Chelsea v. Trump (D. Mass.)
Case No. 1:25-cv-10442 | Complaint | 2025-02-23 | Case Summary: Trump’s executive order directed the Departments of Justice and Homeland Security to withhold federal funds from sanctuary cities, which the Department of Justice implemented through a Feb. 5, 2025 “Sanctuary Jurisdiction Directives” memorandum.
Plaintiffs, two Massachusetts cities that identify as a “sanctuary city” and a “welcoming community,” allege that the executive order and DOJ memo violate the Tenth Amendment’s reservation of unenumerated power to the states, separation of powers, the spending clause, the Fifth Amendment’s due process clause, and the Administrative Procedure Act. They seek declaratory judgment that the executive order and DOJ memo are statutorily unlawful and unconstitutional and that the cities are not criminally liable under the policies, and preliminary and permanent injunctions against implementation of the executive order and DOJ memo. | 2025-02-23 | | Executive Action: Immigration Policy – “Expedited Removal” (Executive Order 14159) |
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Make the Road New York v. Benjamine Huffman (Acting Secretary of Homeland Security) et al (D.D.C.)
Case No. 1:25-cv-00190 | Complaint | 2025-01-22 | Overview: Make the Road New York (a grassroots immigrant-led organization in New York State) challenged the Trump administration's expedited deportation of certain immigrants without a court hearing, arguing that the new rule should be declared unconstitutional and vacated and its implementation blocked because it violates the Constitution, immigration law, and administrative procedures.
Case Summary: Trump’s executive order directed the Department of Homeland Security to expand the use of expedited removal under the Immigration and Nationality Act (INA) to include noncitizens located anywhere in the U.S. who cannot prove they have been continuously present for more than two years. The plaintiff, Make the Road New York (MRNY), argues the rule violates the Fifth Amendment’s Due Process Clause, the INA, and the Administrative Procedure Act (APA) by subjecting individuals to summary deportation without adequate procedural safeguards. The suit claims the rule is arbitrary, exceeds statutory authority, and disregards legal and constitutional protections against wrongful removal. | 2025-01-31 | | Executive Action: Immigration Policy – Discontinuation of CBP One app (Executive Order 14165) |
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Las Americas Immigrant Advocacy Center et al v. U.S. Department of Homeland Security (D.D.C.)
Case No. 1:24-cv-01702
Motion for TRO: 1:24-cv-01702-RC - Dkt. No. 71 | Complaint
Motion for TRO (underlying case filed June 12, 2024) | 2025-01-23 | Overview: Las Americas Immigrant Advocacy Center (a non-profit organization based in Texas) and the ACLU initially sued the Biden administration to challenge a rule limiting asylum access, including in relation to the CBP One app that was used to schedule appointments to request asylum. After the Trump administration's directive to shut down the CBP One app, Plaintiffs filed a motion to temporarily block this action; the court denied the motion on February 6, 2025.
Case Summary: The Trump administration executive order directs the Department of Homeland Security to cease operation of the CBP One app, which was created by the Biden administration to enable asylum seekers to schedule appointments to request asylum. The Las Americas Immigrant Advocacy Center and the ACLU had previously sued to challenge a Biden administration rule that limited asylum access to those presenting at a port of entry or falling under another narrow exception. In response, the government argued that the CBP One app remained as a pathway by which asylum-seekers could request appointments. In light of the discontinuation of the CBP One app, Las Americas, et al, filed a motion for a temporary restraining order and requested an immediate status conference and leave to file supplemental briefings to address the government’s position.
Update 1: On Feb. 6, the court denied the motion for a temporary restraining order on the basis that the court lacked authority to order the government to parole noncitizens into the United States, determining that this power is wielded exclusively at the discretion of the Secretary of Homeland Security. | 2025-02-06 | | Executive Action: Access of Lawyers to Immigrants in Detention (Executive Order 14159) |
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Amica Center for Immigrant Rights et al. v. U.S. Department of Justice (D.D.C.)
Case No. 1:25-cv-00298 | Complaint | 2025-01-31 | Overview: Nine immigrant advocacy organizations filed a lawsuit against the Department of Justice, challenging the stop-work order that halted funding for legal resource programs for unrepresented immigrants facing deportation. The lawsuit seeks to temporarily block the order on the basis that it violates the Constitution and the Administrative Procedure Act.
Case Summary: In 2024, Congress appropriated funds for two immigration programs, the Legal Orientation Program (LOP) and Immigration Court Helpdesk (ICH). On Jan. 22, 2025, the Department of Justice Executive Office for Immigration Review (EOIR) issued a stop-work order that halted funding for four programs providing legal resources to unrepresented people facing deportation. The EOIR action was taken purportedly to “audit” the programs pursuant to the Trump administration executive order. Nine advocacy and immigrant legal services organizations sued, arguing that terminating funding for the programs is arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with the law under the Administrative Procedure Act (APA); violates the Appropriations Clause in the case of the LOP and ICH; and violates the First Amendment by denying the plaintiffs access to courthouses and immigration detention centers. The suit seeks a temporary restraining order and preliminary injunction and to enjoin the government from stopping the programs, refusing to spend appropriated funds, preventing the plaintiffs from accessing immigration courts houses and detention centers, and removing materials and posters the plaintiffs have posted in those locations. | 2025-01-31 | | Executive Action: DHS Revocation of Temporary Protected Status (TPS) (vacatur of Venezuelan TPS; termination of Venezuelan TPS) |
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National TPS Alliance et al. v. Noem (N.D. Cal.)
Case No. 25-cv-1766 | Complaint | 2025-02-19 | Overview: The National TPS Alliance (an organization representing individuals with Temporary Protected Status (TPS) in the U.S.) and individuals from Venezuela who have TPS challenged the Trump administration's decision to terminate TPS for Venezuelans in the U.S., arguing that the action was unlawful and motivated by racial bias.
Case Summary: On Jan. 17, 2025, near the end of President Joe Biden’s term, DHS Secretary Mayorkas extended the designation of Temporary Protected Status (TPS) for Venezuelans living in the United States. On Jan. 28, President Trump’s newly-confirmed DHS Secretary Kristi Noem vacated that extension, and days later she terminated TPS for Venezuelans who had first registered for protected status in 2023.
Plaintiffs allege that DHS lacks authority to “vacate” a prior TPS extension, but even if it did have such authority, the Secretary’s justifications are “arbitrary and capricious, contrary to law, pretextual, and inexplicably deviate from past practice in violation of the Administrative Procedure Act.” Citing Secretary Noem’s references to Venezuelan TPS holders as “dirtbags,” Plaintiffs also allege that the Secretary’s actions were motivated at least partly by racial animus, in violation of the Fifth Amendment. Plaintiffs request that the court declare unlawful and set aside DHS’s vacatur and termination orders and reinstate the prior TPS extension. | 2025-02-19 | Casa, Inc. and Make the Road New York v. Noem (D. Md.)
Case No. 8:25-cv-00525 | Complaint | 2025-02-20 | Overview: CASA and Make the Road New York (two nonprofit organizations) challenged the Trump administration’s decision to terminate Temporary Protected Status for Venezuelans in the U.S., arguing that the action was unlawful and motivated by racial bias.
Case Summary: On Jan. 17, 2025, near the end of President Joe Biden’s term, DHS Secretary Mayorkas extended the designation of Temporary Protected Status (TPS) for Venezuelans living in the United States. On Jan. 28, President Trump’s newly-confirmed DHS Secretary Kristi Noem vacated that extension, and days later she terminated TPS for Venezuelans who had first registered for protected status in 2023.
Plaintiffs allege that Secretary Noem, in bypassing the standard process for conducting TPS reviews, violated the Administrative Procedure Act. Citing Secretary Noem’s references to Venezuelan TPS holders as “dirtbags” and statements by President Trump, Plaintiffs also allege that Defendants’ vacatur and termination of TPS designation was motivated by discriminatory intent and racial animus, in violation of the Fifth Amendment. Plaintiffs request that the court declare unlawful and set aside DHS’s vacatur and termination orders and reinstate the prior TPS extension. | 2025-02-20 | Haitian Americans United Inc. v. Trump (D. Mass.)
Case No. 1:25-cv-10498 | Complaint | 2025-03-03 | Case Summary: On Jan. 17, 2025, near the end of President Joe Biden’s term, DHS Secretary Mayorkas extended the designation of Temporary Protected Status (TPS) for Venezuelans living in the United States. On Jan. 28, President Trump’s newly-confirmed DHS Secretary Kristi Noem vacated that extension, and days later she terminated TPS for Venezuelans who had first registered for protected status in 2023. Additionally, on Feb. 20, Secretary Noem announced a “partial vacatur” of the previous administration’s extension of TPS status for Haitian nationals.
Plaintiffs allege that Secretary Noem, in bypassing the standard process for conducting TPS reviews, violated the Administrative Procedure Act as arbitrary and capricious toward both the Venezuelan and Haitian migrants. Citing Secretary Noem’s references to Venezuelan TPS holders as “dirtbags” and President Trump’s stigmatization of Haitians, Plaintiffs also allege that Defendants’ vacatur and termination of TPS designation was motivated by discriminatory intent and racial animus, in violation of the Fifth Amendment. Plaintiffs request that the court declare unlawful and stop enforcement of the Haitian and Venezuelan vacatur and termination orders. | 2025-03-03 | | Executive Action: Immigration Policy – Termination of categorical parole programs (Executive Order 14165) |
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Doe v. Noem (D. Mass.)
Case No. 1:25-cv-10495 | Complaint | 2025-02-28 | Case Summary: The Trump administration executive order directs the Department of Homeland Security to terminate all categorical parole programs contrary to the president’s executive orders. In effect, this ended the following programs: Uniting for Ukraine (U4U), Parole Processes for Cuba, Haiti, Nicaragua, and Venezuela (CHNV), and Operation Allies Welcome (OAW). Subsequently, on Feb. 14, Acting Deputy Director of USCIS Andrew Davidson issued a memorandum (not yet made public) to various USCIS directorates and program officers directing them not to adjudicate immigration benefit requests filed by noncitizens who are or were paroled into the United States under: U4U; CHNV; family reunification parole processes created in 2023 for nationals of Colombia, Ecuador, El Salvador, Guatemala, and Honduras; a family reunification parole processes for Haitians that was created in 2014 and expanded in 2023; and a family reunification parole process for Cubans that was created in 2007 and expanded in 2023.
Plaintiffs in this class action contend that both Executive Order 14165 and the Davidson memo violate the Administrative Procedure Act and the Due Process Clause of the Fifth Amendment to the U.S. Constitution. As such, Plaintiffs request an injunction in order to restore the status quo ante. | 2025-02-28 | | Executive Action: Proclamation Prohibiting Non-Citizens from Invoking Asylum Provisions” (Proclamation 10888) |
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Refugee and Immigrant Center for Education and Legal Services v. Noem (D.D.C.)
Case No. 1:25-cv-00306 | Complaint | 2025-02-03 | Overview: Three nonprofit organizations challenged a proclamation by President Donald Trump that disallows immigrants from remaining in the U.S. while pursuing asylum claims. The lawsuit argues that the proclamation violates multiple laws and Constitutional provisions. After the Trump administration agreed not to use the proclamation to deport individual asylum-seekers during the litigation, a federal judge denied the emergency motion to pause the implementation of the proclamation.
Case Summary: Trump’s proclamation bars immigrants who arrive after the date of the proclamation from invoking provisions of the Immigration and Nationality Act that would permit them to remain in the United States while pursuing asylum claims. The plaintiffs, three nonprofit organizations in Texas and Arizona providing legal services and assistance to undocumented individuals or asylum seekers, argue that the order violates the following statutory and constitutional provisions:
1. the Asylum Statute in the INA, 8 U.S.C. § 1158(a)(1) (by barring noncitizens from applying for asylum in direct contradiction to congressional protections);
2. the Withholding of Removal Statute, 8 U.S.C. § 1231(b)(3) (by preventing noncitizens from seeking protection from persecution based on race, religion, nationality, membership in a particular social group, or political opinion);
3. the Foreign Affairs Reform and Restructuring Act (FARRA), 8 U.S.C. § 1231, and the Convention Against Torture (CAT) (by depriving noncitizens of a meaningful opportunity to present CAT claims and shielding them from potential torture);
4. the Trafficking Victims Protection Reauthorization Act (TVPRA), 8 U.S.C. § 1232(a)(5)(D) (by denying unaccompanied children from non-contiguous countries their statutory right to regular removal proceedings);
5. the INA’s procedural protections for removal, 8 U.S.C. §§ 1101, 1229a, 1225(b) (by overriding mandated removal proceedings and eliminating procedural protections, including credible fear screenings);
6. the Administrative Procedure Act (APA), 5 U.S.C. § 706(2)(A) (by implementing policies that are arbitrary, capricious, and contrary to law) and § 706(2)(D) (by failing to follow the required rulemaking process before enacting sweeping changes to statutory protections); and
7. the constitutional separation of powers (by exceeding presidential authority and unlawfully overriding congressionally enacted immigration protections).
The Plaintiffs seek a declaratory judgment that the proclamation is unlawful and an injunction stopping its implementation.
Update 1: On Feb. 19, Plaintiffs filed an emergency motion to stay removal of individual plaintiff non-citizens who are currently detained by the Defendants and could be imminently deported under the proclamation. On Feb. 20, Judge Moss issued an administrative stay in the case until 12 pm on Feb. 24 to allow the government time to gather information to respond, and time for expedited briefing. The court further ordered the Defendants to respond to Plaintiffs’ emergency motion for a stay of removal by Feb. 21.
Update 2: On Feb. 22, Judge Moss denied as moot the emergency motion to stay removal of individual asylum-seekers because the government agreed not to use President Trump’s January 2025 border proclamation to remove them during the litigation. The court ordered that the government must provide at least seven days’ notice before removing any of the plaintiffs during the case and vacated the scheduled hearing. | 2025-02-22 | | Executive Action: Migrant Transfers to Guantanamo (Presidential Memorandum) |
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Perez Parra v. Castro (D. N.M.)
Case No. 1:24-cv-00912-KG-KRS
Dkt. No. 43 | Complaint | 2025-02-09 | Overview: Three Venezuelan men sued the U.S. government to temporarily block their transfer to Guantánamo Bay on the basis that they were already in proceedings contesting their detention. A federal judge granted the temporary restraining order. Subsequently, the three men were deported to Venezuela and the case was dismissed.
Case Summary: Trump’s Presidential Memorandum orders the Secretary of Defense and the Secretary of Homeland Security to prepare the Migrant Operations Center at Naval Station Guantanamo Bay to function at full capacity as a detention center for undocumented migrants. Three Venezuelan men, already part of an existing habeas lawsuit from September 2024 in the District Court of New Mexico, sought to block the administration from transferring them to the Guantanamo facility. Based on their similarities to those previously relocated, the men anticipated being moved as well. The challenge is specific to three specific individuals, under the All Writs Act to preserve the ongoing jurisdiction of the court, and does not seek to block other transfers.
On Feb. 9, Chief District Judge Kenneth J. Gonzales granted a temporary restraining order, barring the U.S. government from transferring the three men.
Update 1: On Feb. 13, Judge Gonzales issued a 1-page Memorandum Opinion and Order noting that the Defendants had filed a Notice that all three petitioners were removed to Venezuela on Feb. 10; and vacated the upcoming status conference.
Update 2: On Feb. 14, the docket reflected a Notice of voluntary dismissal of the case by the three petitioners. | 2025-02-14 | Las Americas Immigrant Advocacy Center v. Noem (D.D.C.)
Case No. 1:25-cv-00418 | Complaint | 2025-02-12 | Overview: A coalition of immigrant advocacy groups, on behalf of families of four Venezuelan nationals believed to have been transferred to Guantánamo Bay, filed a lawsuit challenging President Donald Trump's order to transfer undocumented migrants to Guantánamo Bay. Plaintiffs argue that the U.S. government’s actions violate the Constitution and immigration law and ask the court to allow detainees to have access to lawyers and to have their locations disclosed.
Case Summary: Trump’s Presidential Memorandum orders the Secretary of Defense and the Secretary of Homeland Security to prepare the Migrant Operations Center at Naval Station Guantánamo Bay to function at full capacity as a detention center for undocumented migrants. Plaintiffs are suing on behalf of the families of four Venezuelan nationals who are believed to have been transferred to Guantánamo. Plaintiffs allege the government’s action violates habeas corpus rights, Fifth Amendment Due Process rights, and the Immigration and Naturalization Act’s guarantee of the right to counsel. Plaintiffs further allege that the government’s alleged restriction of information in and out of Guantánamo violates both the plaintiffs’ and the detainees’ First Amendment rights. They seek court orders declaring that the government’s actions violate those rights, permitting access to lawyers, requiring the government to identify the location of detainees held at Guantánamo, requiring the government to provide 72-hours notice prior to any transfer to a foreign jurisdiction, and requiring the government to provide 72-hours notice prior to any transfer of additional noncitizens to Guantánamo.
Update 1: On Feb. 20, the government filed a notice that DHS had removed the immigration detainees from Guantánamo, which the government asserted “eliminates any need for temporary injunctive relief.” Just prior, it filed its Opposition to the Motion for Temporary Restraining Order arguing, among other things, that the Plaintiffs (family members of individuals who had been held at Guantánamo, and advocacy organizations) lacked standing because they were not themselves detained, that the District Court lacked statutory authority to require the government to provide notice before transferring individuals into or out of Guantánamo, and denying the validity of Plaintiffs’ constitutional claims.
Update 2: On Feb. 21, Plaintiffs filed a Reply reasserting their request for a TRO to prevent the government from sending more detainees to Guantánamo.
Update 3: On Feb. 24, Plaintiffs filed a Reply explaining that in spite of the administration’s Feb. 20 notice that all immigrant detainees had been transferred off Guantánamo and the TRO was moot, they had learned via social media that another group of immigrants was being sent to Guantánamo. The Reply adds further factual allegations and legal arguments that immigrant detainees are prevented from having real meaningful access to legal representation. These include that (1) the government and guards at the detention camp do not allow detainees to make phone calls, including by saying “this is a terrorist prison and there is no capacity to make calls” and by limiting available phones and times such that most people cannot use them; (2) unrepresented detainees transferred to Guantanamo do not have access to a legal directory, know your rights briefings, or practical means to meet counsel; and (3) retained counsel face numerous obstacles to representing their clients, including that only five detainees can make phone calls each day, there are no means for attorneys to initiate contact with their clients, and there is no way to transfer or sign paperwork other than the government's announced policy to “generally follow the procedures used in the habeas litigation involving law of war detainees,” and to transfer mail to detainees from Washington, D.C. on a weekly basis.
Plaintiffs argue that these restrictions violate detainees’ First and Fifth Amendment rights, as well as their statutory right to counsel under the Immigration and Nationality Act, as well as the plaintiff advocacy organizations’ First Amendment rights. | 2025-02-24 | Espinoza Escalona v. Noem (D.D.C.)
Case No. 1:25-cv-00604 | Complaint | 2025-03-01 | Case Summary: Trump’s Presidential Memorandum orders the Secretary of Defense and the Secretary of Homeland Security to prepare the Migrant Operations Center at Naval Station Guantánamo Bay to function at full capacity as a detention center for undocumented migrants. Plaintiffs, ten noncitizens in immigration custody in the United States, allege they will be imminently transferred to facilities at Guantánamo. They filed suit, arguing that under the Immigration and Nationality Act, Guantánamo is in Cuba, and therefore transfer would constitute (1) unlawful removal; and (2) unlawful detention. They also argue removal would be (3) an arbitrary and capricious abuse of discretion under the Administrative Procedure Act; (4) a violation of Fifth Amendment Due Process; and (5) a violation of the right to habeas corpus. They seek a declaratory judgment that transfer to and detention in Guantánamo is unlawful and unconstitutional; that the memorandum be vacated; a grant of a writ of habeas corpus to enjoin defendants from transferring plaintiffs to Guantánamo, or if they have been transferred and detained, return to facilities in the United States; and an injunction on future transfers.
The same day, Plaintiffs also filed an emergency motion to stay transfer of plaintiffs. | 2025-03-01 | | Executive Action: Suspension of the U.S. Refugee Admissions Program (Executive Order No. 14163) and Refugee Funding Suspension (Dept of State Notice) |
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Pacito v. Trump (W.D. Wash)
(2:25-cv-255) | Complaint | 2025-02-10 | Overview: Ten plaintiffs, including refugees, U.S. citizens, and resettlement organizations, challenged President Donald Trump’s Executive Order (“EO”) and the State Department’s January 24, 2025 notice that indefinitely suspend refugee admissions and cut federal funding for resettlement programs. The lawsuit argues that these actions violate the Refugee Act, the Administrative Procedure Act, and Constitutional due process rights. A federal judge has issued a nationwide preliminary injunction barring implementation of the EO and the notice.
Case Summary: On Jan. 20, 2025, President Trump issued an executive order indefinitely suspending refugee admissions and processing. The State Department issued a Jan. 24 notice suspending federal funding for resettlement programs. Ten plaintiffs — individual refugees, U.S. citizens, and resettlement organizations (HIAS, Church World Service, and Lutheran Community Services Northwest) — filed a proposed class action seeking injunctions to block implementation of the orders, declaratory judgments that the actions are unlawful, maintenance of refugee processing and resettlement services consistent with the status quo, and confirmation of compliance with such remedies if granted. The lawsuit alleges that the orders have left approved refugees stranded internationally, denied recent arrivals statutorily-mandated support services, and forced layoffs at resettlement institutions.
The complaint asserts that the executive orders violate the Refugee Act’s comprehensive statutory scheme for refugee policy, are arbitrary and capricious under the Administrative Procedure Act for circumventing notice-and-comment requirements and failing to establish a reasoned basis for the change in policy, and breach agency regulations at 8 C.F.R. § 207.7 governing the Follow-to-Join process in violation of the Accardi doctrine requiring government officials to follow the agency’s own rules and procedures. The lawsuit further argues that the orders violate the Fifth Amendment due process rights of U.S. citizens petitioning for family reunification, and violate fundamental separation of powers principles by attempting to redistribute or withhold congressionally appropriated funds to achieve policy objectives.
Update 1: Judge Jamal Whitehead, ruling from the bench, issued a preliminary injunction barring implementation of the executive order.
Update 1: On Feb. 25, Judge Jamal Whitehead, ruling from the bench, issued a preliminary injunction barring implementation of the executive order.
Update 2: On Feb. 28, Judge Whitehead issued a written opinion granting the nationwide preliminary injunction.
Update 3: On Mar. 3, the government submitted a notice of appeal to the Ninth Circuit.
Update 4: On Mar. 5, Plaintiffs filed an amended complaint. Citing continued steps by the administration to dismantle resettlement programs after Judge Whitehead’s preliminary injunction, including the termination of cooperative agreements implementing the resettlement programs, the amended complaint also requests a TRO and preliminary injunction against implementation of the EO. The plaintiffs also submitted a motion for a preliminary injunction on the basis of this amended complaint. | 2025-03-05 | United States Conference of Catholic Bishops v. Department of State et al. (D.D.C.)
Case No. 1:25-cv-00465 | Complaint | 2025-02-18 | Overview: The United States Conference of Catholic Bishops (“USCCB”), whose members are the active Cardinals, Archbishops, and Bishops of the Catholic Church in the U.S. and which provides refugee-resettlement services, sued the Trump administration over its suspension of refugee admissions and funding for resettlement programs. USCCB argues the Trump administration’s actions are illegal under the Administrative Procedure Act and seeks to prohibit the U.S. government from implementing the suspension. A federal judge refused to immediately stop the U.S. government’s actions but agreed to speed up the process for deciding whether to block them.
Case Summary: On Jan. 20, 2025, President Trump issued an executive order indefinitely suspending refugee admissions and processing. The State Department issued a Jan. 24 notice suspending federal funding for resettlement programs. Plaintiff, the United States Conference of Catholic Bishops (USCCB), is part of a public-private partnership with the federal government through the U.S. Refugee Admissions Program, and was providing transitionary resettlement services to more than 6,700 refugees when the State Department suspended funding. USCCB brought suit, arguing the government policy suspending funds for the Refugee Admissions Program is unlawful under the Administrative Procedure Act because it (1) violates the Immigration and Naturalization Act, the Refugee Act of 1980, and the Impoundment Control Act; (2) is an arbitrary and capricious abuse of discretion; and (3) is a substantive role promulgated without required notice-and-comment rulemaking. They seek a declaratory judgment that the suspension is unlawful, and temporary, preliminary, and permanent injunctions prohibiting the government from implementing the suspension and requiring the government to make reimbursements pursuant to the terms of its cooperative agreements.
Update 1: On Feb 20, 2025, Judge Trevor N. McFadden denied the request for a temporary restraining order, but ordered an expedited briefing schedule for the preliminary injunction motion.
Update 2: On Feb. 24, Plaintiffs filed a supplemental memorandum in support of the motion for a preliminary injunction.
Update 3: On Mar. 3, Plaintiffs filed an amended complaint, an amended motion for a preliminary injunction, and a memorandum in support of that motion; and Judge McFadden ruled that the prior motions for a preliminary injunction are moot in light of the new motion. The amended complaint and the amended motion for a preliminary injunction are in response to new developments in the case, e.g., on Feb. 27, the State Department terminated the cooperative agreements with USCCB for refugee resettlement. This termination changed the nature of the dispute from a suspension of funding to a complete cancellation of the contracts.
Update 4: On Mar. 5, the government filed in opposition to the motion for a preliminary injunction and the following day, on Mar. 6, the plaintiffs filed a reply. | 2025-03-06 | | Executive Action: IRS Data Sharing for Immigration Enforcement Purposes (Executive Order 14165) (Executive Order 14159) (Executive Order 14158) |
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Centro de Trabajadores Unidos v. Bessent (D.D.C.)
Case No. 1:25-cv-00677 | Complaint | 2025-03-07 | Case Summary: Plaintiffs allege that the Trump administration “has begun taking steps to collect information about individuals for potential immigration enforcement” by seeking access to data associated with individual taxpayer identification numbers (ITINs). The IRS assigns ITINs to individuals who lack social security numbers (i.e., noncitizens) so that such individuals can file tax returns and pay federal income taxes as required by law. Plaintiffs assert that granting immigration enforcement agencies access to the sensitive data of individuals who file using ITINs would “expose millions of taxpayers to the administration’s aggressive immigration enforcement tactics.”
Plaintiffs claim the government’s actions are ultra vires and violate the Administrative Procedure Act by running afoul of the IRS statute requiring confidentiality of tax return information.
They seek declaratory and injunctive relief to prevent Defendants from providing ITIN applications to DHS, ICE, the President, or any others, unless such disclosure is specifically permitted by law. | 2025-03-07 | | Executive Action: Non-Citizen Detainee Detention and Removal |
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Mahmoud Khalil v. William P. Joyce et al. (S.D.N.Y.)
Case No. 1:25-cv-01935 | Habeas petition | 2025-03-09 | Overview: A green card holder and recent graduate of Columbia University involved in pro-Palestinian protests is challenging his detention and attempted deportation by Immigration and Customs Enforcement (ICE) agents.
Case Summary: On Mar. 8, 2025, Immigration and Customs Enforcement (ICE) agents detained Mahmoud Khalil, a Palestinian activist and lawful U.S. permanent resident (a green card holder). Khalil is a recent graduate of Columbia University, where he played a prominent role in organizing pro-Palestinian demonstrations against Israel’s military actions in Gaza. (See also Declaration by Khalil’s attorney)
The habeas petition alleges, “At the time this proceeding was initiated, [Khalil] was detained at 26 Federal Plaza in New York, New York.”
The government moved Khalil to a detention facility in Louisiana, away from his New York home and his wife, who is eight months pregnant and a U.S. citizen. His legal team filed a habeas corpus petition challenging the legality of his detention and deportation efforts. Khalil’s legal team also moved to compel the government to return him to the Southern District of New York (SDNY).
On Mar. 10, SDNY federal judge Jesse Furman temporarily blocked his removal from the United States pending further judicial review, which he extended after an emergency conference hearing on Mar. 12.
Update 1: On Mar. 12, the government submitted an declaration from ICE Acting Field Office Director of the NYC office which stated: "At the time Khalil filed a petition for a writ of habeas corpus in the Southern District of New York, he was detained at Elizabeth Detention Facility in Newark, New Jersey." The government filed a motion to dismiss or transfer the case to the Western District of Louisiana. | 2025-03-12 | | Structure of Government/Personnel |
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| Executive Action: Reinstatement of Schedule F for Policy/Career Employees (Executive Order 14171) |
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National Treasury Employees Union v. Donald J. Trump et al (D.D.C.)
Case No. 1:25-cv-00170 | Complaint | 2025-01-20 | Overview: National Treasury Employees Union (“NTEU”), a labor union that represents federal government employees in 37 agencies and departments, sued the Trump administration to block the implementation of President Donald Trump’s Executive Order (“EO”) that would authorize the Director of the Office of Personnel Management to reclassify members of the civil service and enable the Trump administration to terminate them at will. NTEU argues the EO violates civil servant protection laws.
Case Summary: Trump’s executive order authorizes the Director of the Office of Personnel Management to reclassify thousands of members of the civil service and strip them of their civil-service protections, enabling the president or heads of agencies to fire them at will. The National Treasury Employees Union sued to block implementation of the order on behalf of the union’s members. The lawsuit argues that the executive order violates laws Congress passed to provide civil-service protections to the vast majority of civil servants, with only limited exceptions for Senate-confirmed political appointees. | 2025-01-31 | Government Accountability Project v. Office of Personnel Management (D.D.C.)
Case No. 1:25-cv-00347 | Complaint (Feb. 6, 2025) | 2025-02-06 | Overview: A group of non-profit organizations who represent the interests of federal employees sued President Donald Trump and the U.S. Office of Personnel Management (“OPM”) alleging Trump’s Executive Order and OPM’s related guidance that took away protections for thousands of career government workers. The non-profits argue that the EO and OPM guidance violate the Administrative Procedure Act and the Civil Service Reform Act.
Case Summary: On Jan. 27, Director of the Office of Personnel Management (OPM) Charles Ezell issued Guidance implementing the president’s executive order, which aims to reclassify thousands of members of the civil service and strip them of their civil-service protections, enabling the president or heads of agencies to fire them at will. Plaintiffs—independent nonprofits representing whistleblowers, federal employees, retirees and their survivors—allege that the OPM Guidance did not go through proper procedure under the Administrative Procedure Act, violates the Civil Service Reform Act’s protections for career employees, and violates civil servants’ Fifth Amendment Due Process rights. They seek a declaratory judgment that the executive order and the OPM Guidance are unlawful and an injunction enjoining the administration from implementing the executive order and the OPM Guidance. | 2025-02-06 | Public Employees for Environmental Responsibility v. Donald Trump et al (D. Md.)
Case No. 8:25-cv-00260-PX | Complaint | 2025-01-28 | Overview: Non-profit organization Public Employees for Environmental Responsibility (“PEER”) challenged President Donald Trump’s Executive (“EO”) that would authorize the Director of the Office of Personnel Management to reclassify members of the civil service and enable the Trump administration to terminate them at will. The lawsuit seeks to block the EO’s implementation and argues that the EO violates the Administrative Procedure Act and deprives civil servants of their rights under the Constitution and the Civil Service Reform Act.
Case Summary: Trump’s executive order authorizes the Director of the Office of Personnel Management to reclassify thousands of members of the civil service and strip them of their civil-service protections, enabling the president or heads of agencies to fire them at will. PEER, represented by Citizens for Responsibility and Ethics in Washington and Democracy Forward, sued to enjoin implementation of the executive order. The lawsuit argues that the executive order violates the Administrative Procedure Act and deprives civil servants of due process by stripping them of protections guaranteed under the Civil Service Reform Act of 1978. | 2025-01-31 | American Federation of Government Employees, AFL-CIO and American Federation of State, County And Municipal Employees, AFL-CIO v. Donald Trump et al (D.D.C.)
Case No. 1:25-cv-00264 | Complaint | 2025-01-29 | Overview: Two major labor unions, representing over two million federal employees, sued President Donald Trump to block an Executive Order (“EO”) that changes workers’ job category, removing protections against being fired. The unions argue that the EO violates the Administrative Procedure Act (APA).
Case Summary: On Jan. 27, Director of the Office of Personnel Management (OPM) Charles Ezell issued guidance implementing the president’s executive order, which aims to reclassify thousands of members of the civil service and strip them of their civil-service protections, enabling the president or heads of agencies to fire them at will. The AFGE and AFSCME – labor organizations representing federal, state and local employees – assert that the Trump administration failed to follow proper notice-and-comment procedures under the Administrative Procedural Act in issuing the order, which renders “inoperative or without effect” existing regulations, 5 C.F.R. 210.102(b)(3), 5 C.F.R. 210.102(b)(4), and 5 C.F.R. § 302.601-603. The plaintiffs sued, seeking a declaratory judgment to that effect, as well as an injunction enjoining the Defendants from enforcing the order without first complying with the APA’s notice-and-comment requirements. | 2025-01-31 | | Executive Action: Establishment of “Department of Government Efficiency” (DOGE) (Executive Order 14158 and Executive Order 14219) |
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Public Citizen Inc et al v. Donald J. Trump and Office of Management and Budget (D.D.C.)
Case No. 1:25-cv-00164
CASE CLOSED | Complaint | 2025-01-20 | Overview: Two advocacy organizations sued President Donald Trump and the U.S. Office of Management and Budget, arguing that Trump’s Executive Order (“EO”) creating the Department of Government Efficiency violates the Federal Advisory Committee Act by delegating regulatory and monetary power to unelected citizens without public oversight. Two other cases, Lentini v. Department of Government Efficiency and American Public Health Association v. Office of Budget and Management, have now been consolidated under this case.
Case Summary: Trump’s executive order renames the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency) and reestablishes the office under the Executive Office of the President. Two advocacy organizations and the American Federation of Government Employees sued, arguing that the order violates the Federal Advisory Committee Act, which bars the delegation of decision-making authority to private citizens without public access. The suit asks the court to enjoin the operation of DOGE unless and until it complies with the FACA’s requirements.
Update 1: On Feb. 18, 2025, Judge Jia M. Cobb (D.D.C.) granted defendants’ motion to consolidate two cases with this case. Parties in Lentini v. Department of Government Efficiency (complaint), and American Public Health Association v. Office of Budget and Management (complaint) must make all future filings in this case.
Update 2: On Mar. 3, 2025, Public Citizen Plaintiffs dismissed their action without prejudice. The Lentini Plaintiffs in Lentini v. Department of Government Efficiency and American Public Health Association Plaintiffs remain in American Public Health Association v. Office of Budget and Management. | 2025-03-03 | Jerald Lentini, Joshua Erlich, and National Security Counselors v. Department of Government Efficiency, Office of Management and Budget, Office of Personnel Management, Executive Office of the President, Elon Musk, Vivek Ramaswamy, Russell Vought, Scott Kupor, and Donald Trump (D.D.C.)
Case No. 1:25-cv-00166 | Complaint | 2025-01-20 | Overview: National Security Counselors (a public advocacy organization) and two individuals challenged President Donald Trump’s Executive Order (“EO”) establishing the Department of Government Efficiency (DOGE), arguing that DOGE violates the Federal Advisory Committee Act (FACA) by delegating regulatory and monetary power to unelected citizens without public oversight. This case was consolidated under Public Citizen, Inc v. Trump.
Case Summary: Trump’s executive order renames the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency) and reestablishes the office under the Executive Office of the President. The advocacy organization National Security Counselors, Inc., sued, arguing that the order violates the Federal Advisory Committee Act, which bars the delegation of decision-making authority to private citizens without public access. The suit asks the court to enjoin the operation of DOGE unless and until it complies with the FACA’s requirements.
Update 1: On Feb. 18, 2025, Judge Jia M. Cobb (D.D.C) granted defendants’ motion in Public Citizen, Inc. v. Trump to consolidate three cases. Parties in Lentini v. Department of Government Efficiency and American Public Health Association v. Office of Budget and Management must make all future filings in Public Citizen. | 2025-02-18 | American Public Health Association et al v. Office of Management and Budget, Acting Director of the Office of Management and Budget, and the Department of Government Efficiency (D.D.C.)
Case No. 1:25-cv-00167 | Complaint | 2025-01-20 | Overview: Several public interest advocacy organizations challenged President Donald Trump’s Executive Order (EO) that established the Department of Government Efficiency (DOGE). The lawsuit argues that DOGE violates the Federal Advisory Committee Act by delegating regulatory and monetary power to unelected citizens without public oversight. This case was consolidated under Public Citizen, Inc v. Trump.
Case Summary: Trump’s executive order renames the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency) and reestablishes the office under the Executive Office of the President. Several advocacy organizations sued, arguing that the order violates the Federal Advisory Committee Act, which bars the delegation of decision-making authority to private citizens without public access. The suit asks the court to enjoin the operation of DOGE unless and until it complies with the FACA’s requirements.
Update 1: On Feb. 18, 2025, Judge Jia M. Cobb (D.D.C) granted defendants’ motion in Public Citizen, Inc. v. Trump to consolidate three cases. Parties in Lentini v. Department of Government Efficiency and American Public Health Association v. Office of Budget and Management must make all future filings in Public Citizen. | 2025-02-18 | Center for Biological Diversity v. Office of Management and Budget (D.D.C.)
Case No. 1:25-cv-00165 | Complaint | 2025-01-20 | Overview: The Center for Biological Diversity sued the Office of Management and Budget (OMB) under the Freedom of Information Act demanding records related to communications between OMB and the Department of Government Efficiency (“DOGE”), alleging the requested information is important to the public interest.
Case Summary: Trump’s executive order renames the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency) and reestablishes the office under the Executive Office of the President. The Center for Biological Diversity sued the Office of Management and Budget under the Freedom of Information Act, demanding records related to communications between OMB and DOGE’s leadership or those acting on its behalf. | 2025-01-31 | J. Doe 1-26 v. Musk (D. Md)
Case 8:25-cv-00462-TDC
| Complaint | 2025-02-13 | Overview: Twenty-six current and former employees of the U.S. Agency for International Development (“USAID”) sued Elon Musk and the Department of Government Efficiency (“DOGE”) alleging that Musk's appointment to his role as head of DOGE violates the Constitution’s Appointments Clause and requesting that the court prevent Musk and DOGE from taking further action until this legal question is resolved.
Case Summary: Trump’s executive order renames the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency) and reestablishes the office under the Executive Office of the President. Twenty-six current and former USAID employees or contractors filed a lawsuit claiming that Elon Musk’s constitutional authority to exercise significant government powers as the head of DOGE without Senate confirmation violates the Appointments Clause. The complaint alleges that Musk and the DOGE staff are exercising “significant authority” by controlling agency operations, making personnel decisions, and directing federal spending, all powers the plaintiffs claim can be wielded only by properly appointed officers of the United States. The lawsuit argues that Musk is functioning as a principal officer while evading the constitutional requirement for Senate confirmation. The plaintiffs also claim that Musk’s actions would be unconstitutional even if he were considered merely an inferior officer, as Congress has not authorized the President to directly appoint anyone to his position. The plaintiffs also argue that DOGE’s structure violates separation of powers by creating a “shadow chain of command” that undermines Congress’s power to create agencies and their authorities through statute, confirm appointed officers, and conduct oversight. The suit asks the court to declare Musk and DOGE to be acting unlawfully, enjoin Musk and DOGE from exercising government authority unless appointed by proper process, and set aside their actions taken to date.
Update 1: On Feb. 18, Plaintiffs filed a motion for a preliminary injunction.
Update 2: On Feb. 24, Defendants filed a motion in response to the request for a preliminary injunction; to which the Plaintiffs replied on Feb. 26. | 2025-02-24 | New Mexico et al. v. Musk (D.D.C.)
Case No. 1.25-cv-00429 | Complaint | 2025-02-13 | Overview: Fourteen states sued Elon Musk and the Department of Government Efficiency (“DOGE”) alleging that Musk's appointment to his role as head of DOGE violates the Constitution’s Appointments Clause and requesting that the court prevent Musk and DOGE from taking further action until this legal question is resolved. A federal court denied the request to temporarily block further actions by Musk and DOGE but acknowledged potential constitutional issues with Musk’s appointment.
Case Summary: Trump’s executive order renames the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency) and reestablishes the office under the Executive Office of the President. Fourteen states filed a lawsuit claiming that Elon Musk’s constitutional authority to exercise significant government powers as the head of DOGE without Senate confirmation violates the Appointments Clause. The complaint alleges that Musk and the DOGE staff are exercising “significant authority” by controlling agency operations, making personnel decisions, and directing federal spending, all powers they claim can only be wielded by properly appointed officers of the United States. The suit asks the court to declare Musk and DOGE to be acting unlawfully, impose a temporary restraining order barring Musk and DOGE from exercising government authority (including a specific list of official actions) while awaiting preliminary and permanent injunctions to the same effect, and set aside their actions taken to date.
Update 1: On Feb. 17, the government submitted a declaration by Joshua Fisher, Director of the Office of Administration, stating that Musk is not the head of DOGE nor an employee of DOGE.
Update 2: On Feb 18, Judge Tanya Chutkan denied the Plaintiffs’ request for a temporary restraining order but also indicated a potentially favorable view of the Plaintiffs’ argument on the merits (pp. 8-9).
Update 3: On Feb. 24, plaintiff states filed a motion for expedited discovery relating to an upcoming motion for a preliminary injunction. Defendants filed a memorandum in opposition on Feb 28. Plaintiffs filed a reply on Mar. 3.
Update 4: On Mar 7, defendants filed a motion to dismiss arguing plaintiffs lack Article III standing and have failed to state a claim upon which relief can be granted. | 2025-03-07 | Japanese American Citizens League v. Musk (D.D.C)
Case No. 1:25-cv-00643
| Complaint | 2025-03-05 | Overview: Plaintiffs are four nonprofit organizations – the Japanese American Citizens League, Organization of Chinese Americans–Asian Pacific American Advocates, Sierra Club, and Union of Concerned Scientists – bringing suit against Elon Musk, DOGE, Amy Gleason, and several executive agencies and their heads.
Case Summary: Plaintiffs are four nonprofit organizations – the Japanese American Citizens League, Organization of Chinese Americans–Asian Pacific American Advocates, Sierra Club, and Union of Concerned Scientists – bringing suit against Elon Musk, DOGE, Amy Gleason, and several executive agencies and their heads.
Plaintiffs allege that they are harmed by DOGE’s cutting of federal funding and firing of federal employees, including in the work of the National Park Service and historic sites. Plaintiffs allege that Musk and DOGE are acting in an ultra vires manner “to dramatically alter the federal budget, slash federal spending, reduce the federal workforce, and dismantle disfavored agencies.” Plaintiffs also allege that Defendants have acted in violation of the separation of powers “by directing and causing the termination of grants and contracts under previously appropriated federal funds; terminating federal workers funded by congressional appropriations; reducing the size of the federal workforce; working to abolish federal departments and agencies including the U.S. Department of Education, an executive department created by federal statute; and refusing to spend money appropriated by Congress.” Finally, Plaintiffs allege that Defendants have violated the Appointments Clause and the Administrative Procedure Act. They seek declaratory and injunctive relief holding that Musk, DOGE, and Gleason have no legal authority to take a wide array of actions and that those actions have no legal effect. | 2025-03-05 | Center for Biological Diversity v. U.S. Department of Interior (D.D.C)
Case No. 1:25-cv-00612 | Complaint | 2025-03-03 | Overview: On Jan. 20, 2025, President Trump signed Executive Orders 14158, renaming the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency). On Feb. 19, Trump signed Executive Order 14219 directing the rescission of regulations in which “agency heads shall, in coordination with their DOGE Team Leads and the Director of the Office of Management and Budget, initiate a process to review all regulations.”
Case Summary: On Jan. 20, 2025, President Trump signed Executive Orders 14158, renaming the U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency). On Feb. 19, Trump signed Executive Order 14219 directing the rescission of regulations in which “agency heads shall, in coordination with their DOGE Team Leads and the Director of the Office of Management and Budget, initiate a process to review all regulations.”
Plaintiffs, a nonprofit organization focused on habitat preservation for endangered species, alleges that DOGE and the Department of Interior have violated the Administrative Procedures Act by failing to follow Federal Advisory Committee Act (FACA) requirements for disclosure and public access to advisory committee meetings. They seek declaratory judgment that DOGE and its sub-teams are subject to the FACA and have violated the APA and FACA, an injunction stopping Department of Interior employees from meeting with or relying on work by DOGE employees, and an order of mandamus requiring compliance with the FACA. | 2025-03-03 | | Executive Action: Solicitation of information from career employees |
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Jane Does 1-2 v. Office of Personnel Management (D.D.C.)
Case No. 1:25-cv-00234 | Complaint | 2025-01-27 | Overview: Two federal employees brought a class action lawsuit against the Office of Personnel Management (“OPM”) alleging that OPM used an unauthorized email system to collect data on all civilian federal workers without conducting a required privacy assessment. A federal court denied the request to halt OPM’s actions and OPM has since moved to dismiss the case.
Case Summary: The Office of Personnel Management announced it was testing a new system to email all civilian federal employees from a single email address, HR@opm.gov. Individuals claiming to be OPM employees subsequently posted online that the emails were being stored on an unsecure server at OPM. Plaintiffs, employees of executive-branch agencies who received “test” emails from HR@opm.gov requesting information, sued. The lawsuit alleges that the new procedure violates the E-Government Act of 2002 and asks the court to require the Office of Personnel Management to conduct a Privacy Impact Assessment before collecting any data from employees, as required under the law.
Update 1 and 2: On Feb. 4, 2025, the plaintiffs requested a temporary restraining order. On Feb. 6, Judge Randolph D. Moss denied the TRO request and said an opinion will follow.
Update 3: On Feb. 11, OPM moved to dismiss the Complaint on the grounds that Plaintiffs lack Article III standing and failed to state a claim upon which relief can be granted.
Update 4: On Feb. 17, 2025, in a Memorandum Opinion and Order, Judge Moss denied plaintiffs’ most recent motion for a TRO on the ground that they had not shown they were likely to have standing or face irreparable injury without emergency relief. | 2025-02-17 | | Executive Action: Disclosure of personal and financial records to DOGE |
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Alliance for Retired Americans v. Scott Bessent et al (D.D.C.)
Case No. 1:25-cv-00313 | Complaint | 2025-02-03 | Overview: A group of labor unions representing federal employees sued Secretary of the Treasury Scott Bessent and others alleging that individuals affiliated with the Department of Government Efficiency (“DOGE”) were granted unauthorized access to sensitive Treasury Department records in violation of the Privacy Act and the IRS Code. Both parties agreed to an order limiting access to Treasury payment records to specific individuals with “read-only” access.
Case Summary: The complaint alleges that the Treasury Department granted DOGE-affiliated individuals access to sensitive personal and financial information maintained by the Treasury Department. The plaintiffs sued on behalf of members whose records may have been transmitted from the Treasury Department to DOGE employees, thus allegedly depriving the members of privacy. The lawsuit seeks an injunction and declaratory relief, as well as a temporary restraining order, for alleged violations of the Administrative Procedure Act and actions in excess of legal authority under the Privacy Act.
Update 1: On Feb. 6, 2025, the parties in the suit mutually proposed an order that Judge Colleen Kollar-Kotelly adopted. It limits access to Treasury Department payment records and systems to two (Musk-affiliated) Special Government Employees in the Department (“read-only” access), other employees who need to access the record to perform their duties, or individuals who are already entitled to access the records under statute.
Update 2: On Feb. 20, the court issued an order accepting an unopposed motion to modify the Feb. 6 order.
Update 3: On Feb. 25, following a hearing the previous day, the court ordered “that Defendants shall file the administrative record underlying the decisions challenged in this case on or before March 10, 2025.”
Update 4: On Mar. 7, Judge Colleen Kollar-Kotelly denied plaintiffs’ motion for a preliminary injunction on the grounds that plaintiffs have not cleared the “high standard” of showing a likelihood of an irreparable injury that is “beyond remediation.” She noted, “If Plaintiffs could show that Defendants imminently planned to make their private information public or to share that information with individuals outside the federal government
with no obligation to maintain its confidentiality, the Court would not hesitate to find a likelihood of irreparable harm.” | 2025-03-07 | New York et al v. Donald J. Trump (S.D.N.Y.)
Case No. 1:25-cv-01144-JAV | Complaint | 2025-02-07 | Overview: Nineteen state attorneys general sued President Donald Trump and Secretary of the Treasury Scott Bessent alleging that individuals affiliated with the Department of Government Efficiency (“DOGE”) were granted unauthorized access to sensitive Treasury Department records in violation of the Administrative Procedure Act, the Privacy Act, and other ethics statutes. A federal court temporarily blocked DOGE’s access to certain payment records maintained by the Treasury Department containing sensitive data while the case proceeds, citing potential violations of federal law.
Case Summary: The complaint alleges that the Treasury Department granted DOGE-affiliated individuals access to sensitive personal and financial information maintained by the Treasury Department. The plaintiffs, attorneys general of 19 states, sued on the ground that the policy of giving expanded access to political appointees and “special government employees” to Treasury’s Bureau of Fiscal Services violated the Administrative Procedure Act (APA). The plaintiffs claim the policy violates the APA by exceeding authority conferred by statute for the unauthorized purpose of impeding payments and accessing private information; for failure to conduct a privacy impact statement; for violation of the Privacy Act; and for violating ethics statutes on conflicts of interest. The plaintiffs also assert the policy usurps congressional authority and is ultra virus.
The plaintiffs requested an emergency temporary restraining order, as well as preliminary and permanent injunction to bar access to political appointees, special government employees, and government employees detailed from other agencies as well as to any person who has not received a background check, security clearance, and information security training.
Update 1: The case is before Judge Jeannette A. Vargas. On Feb. 8, 2025, after midnight, Judge Paul A. Engelmayer issued an emergency temporary restraining order until Judge Vargas holds a hearing on Feb. 14. Judge Engelmayer’s order prohibits access to the Treasury Department’s systems and also requires prohibited persons to immediately destroy any material already downloaded from the Treasury Department’s systems.
Update 2: On Feb. 21, Judge Vargas granted a limited preliminary injunction, enjoining the Treasury Department from granting access to DOGE-affiliated individuals to any payment record, payment systems, or any other data systems maintained by the Treasury Department containing personally identifiable information and/or confidential financial information of payees. The court noted that “a real possibility exists that sensitive information has already been shared outside of the Treasury Department, in potential violation of federal law.” The court ordered the Treasury Department to submit a report by March 24 including several forms of information and certifications including “the vetting and security clearances processes that members of the Treasury DOGE Team have undergone;” ”setting forth the legal authority pursuant to which each DOGE Team member was employed by or detailed to the Treasury Department;” and “explaining the reporting chains that govern the relationship between the DOGE Team members, USDS/DOGE, and Treasury leadership.” | 2025-02-21 | AFL-CIO v. Dep’t of Labor (D.D.C.)
Case No. 1:25-cv-00339 | Complaint | 2025-02-05 | Overview: A coalition of labor unions sued the Department of Labor (“DOL”), the Department of Government Efficiency (“DOGE”), and others seeking to block DOGE's access to internal DOL information systems on the basis that such access violates the Administrative Procedure Act, the Privacy Act, the Economy Act, and other federal laws. A federal court denied requests to temporarily block DOGE’s access while the case proceeds, but indicated further analysis was needed in particular on the Economy Act claims.
Case Summary: On Feb. 5, 2025, DOGE sought access to internal information systems at the Department of Labor. Plaintiffs sued, arguing DOGE’s attempt to direct the agency and access internal information systems are an unlawful exercise of power beyond its authority; and unlawful under the Administrative Procedure Act as a prohibited personnel practice, violation of the Confidential Information Protection and Statistical Efficiency Act, violation of the Privacy Act, rulemaking without proper procedure, and arbitrary and capricious abuse of discretion. They seek temporary, preliminary, and permanent injunctive relief to prevent the Department of Labor from granting access to DOGE, from taking adverse action against employees who refuse to cooperate with DOGE, and from providing any person with non-public Department of Labor information regarding that person’s business interests or direct competitors.
On the same day as the complaint was filed, judge John Bates issued an Order which stated, “Defendants represented to the Court that DOL [Department of Labor] will not allow DOGE access to any DOL data until after this Court rules on the TRO motion on Friday.”
Update 1: On Feb. 7, Judge Bates denied the petition for a temporary restraining order on the ground that the plaintiffs lacked standing.
Update 2: On Feb. 12, Plaintiffs submitted a renewed request for a TRO enjoining agency defendants from granting members of DOGE access to their systems of records, except as consistent with applicable federal law.
Update 3: On Feb. 14, Judge Bates denied the renewed request for a TRO, but added, “On the Economy Act question, which is the most important for this denial of a TRO, the Court will benefit from further briefing and analysis on a motion for preliminary injunction.”
Update 4: On Feb. 27, Judge Bates ordered limited expedited discovery in the case in the form of answers to written interrogatories, production of documents, and the deposition of four individuals (one each from the Consumer Financial Protection Bureau and the Departments of Labor, Health and Human Services, and DOGE), to last no more than eight hours in aggregate. | 2025-02-27 | University of California Student Ass’n v. Carter et al
Case No. 1:25-cv-00354 | Complaint | 2025-02-07 | Overview: The University of California Student Association sued the Department of Education seeking to block the Department of Government Efficiency’s (“DOGE’s”) access to sensitive information systems containing student data on the basis that such access violates the Administrative Procedure Act, the Privacy Act, and the Internal Revenue Code. A federal court denied the request to temporarily block DOGE’s access while the case proceeds.
Case Summary: On Feb. 3, 2025, reportedly 20 people affiliated with DOGE were working with the Department of Education, some of whom obtained access to sensitive internal information systems, including systems related to federal student aid. Plaintiffs sued, arguing DOGE’s access is unlawful under the Administrative Procedure Act in that it is contrary to law in violation of the Privacy Act and Internal Revenue Code; arbitrary and capricious; and in excess of statutory authority. They seek a declaratory judgment that DOGE officials are not authorized to access Department of Education records that contain personal information, and temporary, preliminary, or permanent injunctive relief preventing the Department of Education from continuing to provide access to DOGE, ensuring there is no further dissemination of data, and requiring recovery of unlawfully transferred information.
Update 1: On Feb. 10, Plaintiff moved for a TRO, requesting Defendants be enjoined from disclosing information about individuals to individuals affiliated with DOGE, and required to retrieve and safeguard any such information that has already been obtained by and shared or transferred by DOGE or individuals associated with it.
Update 2: On Feb. 17, Judge Randolph Moss denied the TRO on the grounds that mere “access” to data by government employees who are not formally authorized to view it, without more, does not create an irreparable injury. He wrote that courts find dissemination of information to be an irreparable injury where highly sensitive information will be made public or is given to someone with no obligation to keep it confidential. He also wrote that irreparable harm was not present because plaintiffs would have a private right of action and money damages for certain unauthorized disclosures. | 2025-02-17 | National Treasury Employees Union v. Russell Vought (D.D.C.)
Case No. 1:25-cv-00380 | Complaint | 2025-02-09 | Overview: The National Treasury Employees Union sued Acting Director of the Consumer Financial Protection Bureau (“CFPB”) Russell Vought seeking to block the Department of Government Efficiency’s (“DOGE’s”) access to sensitive information systems with CFPB employee records on the basis that the CFPB's decision to grant DOGE-affiliated individuals access to employee information and non-classified systems violated the Privacy Act and CFPB regulations.
Case Summary: DOGE “special government employee” entered CFPB. On February 7, 2025, Chris Young, Nikhil Rajpul, and Gavin Kliger—none of whom is or has been a CFPB employee—were added to CFPB’s staff and email directories as “senior advisers.” Russell Vought, as Acting Director of CFPB, instructed CFPB staffers to grant this DOGE team access to all non-classified systems. Plaintiffs maintain that CFPB has a statutory obligation to protect its employee information under both the Privacy Act and CFPB regulations (5 C.F.R. Part 1070). Plaintiffs claim that CFPB violated that obligation by granting DOGE access to employee information without satisfying an exception in the Privacy Act. Plaintiffs seek a judgment declaring that CFPB violated the law by granting DOGE access to CFPB systems, that CFPB’s disclosure of employee information to DOGE is unlawful, and request an injunction to prevent CFPB from disclosing employee records to DOGE. | 2025-02-09 | American Federation of Teachers et al v. Bessent et al (D. Md.)
Case No. 8:25-cv-00430
| Complaint | 2025-02-10 | Overview: The American Federation of Teachers and other plaintiffs sued the Treasury, Office of Personnel Management (“OPM”), and the Department of Education (”DOE”), challenging the agencies’ disclosure of sensitive personal information to Department of Government Efficiency (”DOGE”) employees. The plaintiffs argue that the disclosure violates federal law and goes beyond the agencies’ scope of authority. They have asked the court to declare the disclosure unlawful, to temporarily and permanently stop the agencies from further sharing information, and to require the agencies retrieve the information disclosed. The court has stopped DOE and OPM from disclosing information with DOGE, while Treasury has also been stopped from disclosure by a separate but related case.
Case Summary: The complaint alleges that the Treasury Department, Office of Personnel Management, and Department of Education have provided DOGE “special government employees” with access to information systems that contain records of private citizens' sensitive personal information (including Social Security numbers, financial records, and more). Plaintiffs sued, arguing DOGE access is unlawful under the Administrative Procedure Act as (1) not in accordance with the Privacy Act; (2) an arbitrary and capricious abuse of discretion; and (3) in excess of statutory authority. They seek a declaratory judgment that disclosing records to DOGE is unlawful and temporary, preliminary, or permanent injunctive relief to bar defendants from allowing DOGE to access sensitive information; ensure there is no further unauthorized disclosure; ensure records improperly disseminated are retrieved or destroyed; and ensure future disclosures will only occur in accordance with the Privacy Act.
Update 1: On Feb. 12, Plaintiffs moved for a TRO enjoining Defendants from providing DOGE access to their records systems and ordering any records housed outside government information systems be retrieved or destroyed.
Update 2: On Feb. 24, the court granted a TRO enjoining the Department of Education and Office of Personnel Management from disclosing sensitive information to any DOGE affiliates. The court denied the motion for a TRO against Treasury officials on the basis that a preliminary injunction against Treasury has already been granted in a related case.
| 2025-02-24 | Electronic Privacy Information Center v. U.S. Office of Personnel Management (E.D.V.A.)
Case No. 1:25-cv-00255 | Complaint | 2025-02-10 | Overview: The Electronic Privacy Information Center (“EPIC”) and a federal employee sued the Office of Personnel Management (“OPM”) and the Treasury Department, challenging the agencies’ disclosure of sensitive personal information to Department of Government Efficiency (“DOGE”) employees. The plaintiffs argue that the disclosure violates federal law, violates their constitutional rights, puts them at risk of identity theft, and goes beyond the agencies’ scope of authority. They have asked the court to declare the disclosures unlawful and stop the agencies from sharing and accessing the information. The court denied their request to block DOGE’s access because the possible scenarios for harm were too speculative.
Case Summary: The complaint alleges that the Treasury Department granted DOGE-affiliated individuals access to sensitive personal and financial information maintained by the Treasury Department. The plaintiffs, Electronic Privacy Information Center (EPIC) and Doe 1 (a federal employee), sued, claiming that the transmission of these records violated the plaintiffs’ right to privacy and puts plaintiffs at risk of identity theft and financial crimes. Plaintiffs also argue that the transmission of these records was not compliant with the Federal Information Security Modernization Act (FISMA) and other privacy and security requirements. The lawsuit seeks injunctive and declaratory relief curing the release of information and halting further sharing by OPM and Treasury, alleging violations of the Administrative Procedure Act, Privacy Act, the Fifth Amendment, 26 U.S.C. § 6103, and actions beyond the scope of authority—primarily by the DOGE defendants. Doe 1 also seeks an award of statutory and punitive damages.
Update 1: On Feb. 12, Plaintiffs moved for a TRO to enjoin Treasury and OPM defendants from providing DOGE access to information systems, to enjoin DOGE defendants from accessing information systems, and to require status reports.
Update 2: On Feb. 21, Judge Rossie D. Alston, Jr. issued a Memorandum Opinion and Order converting the motion for a TRO to a motion for a preliminary injunction, and denying the motion. Judge Alston wrote, “Plaintiffs’ fears of future harm are much too speculative and would require the Court to make several leaps in reasoning in order to warrant injunctive relief” based on the record before the court. The judge stated: “Although the Court is denying injunctive relief based on the current record, Plaintiffs are permitted to take necessary action to protect their rights if, in the future, they experience harm that is more concrete and immediate, including if Plaintiffs are able to provide evidence that unauthorized personnel accessed the BFS and/or EHRI systems.” | 2025-02-21 | American Federation of Government Employees, et al. v. Office of Personnel Management et al (S.D.N.Y)
Case No. 1:25-cv-01237 | Complaint | 2025-02-11 | Overview: The American Federation of Government Employees and other plaintiffs sued the Office of Personnel Management (”OPM”), challenging the agencies’ alleging unlawful disclosure of sensitive personal information to Department of Government Efficiency (DOGE) employees. The plaintiffs argue that the disclosure violates federal laws and goes beyond the agencies’ scope of authority. They have asked the court to declare the disclosure unlawful, stop the agencies from further sharing information, and require the agencies retrieve and destroy the information disclosed.
Case Summary: Plaintiffs allege the Office of Personnel Management (OPM) has given DOGE access to OPM information systems that contain sensitive personal and employment records of government employees (including Social Security numbers, demographic information, job performance information, health records, and more). Plaintiffs, current and former federal employees and unions representing them, sued, arguing OPM’s disclosure of this information to DOGE violates the Privacy Act and the Administrative Procedure Act; and that DOGE’s actions are ultra vires. They seek a declaratory judgment that the government’s actions are unlawful; temporary, preliminary, or permanent injunctive relief; and an order for the impoundment and destruction of copies of improperly disclosed personal information. | 2025-02-11 | Nemeth-Greenleaf, et al. v. Office of Personnel Management, et al. (D.D.C.)
Case No. 1:25-cv-00407 | Complaint | 2025-02-11 | Overview: Federal employees have sued the Office of Personnel Management (”OPM”) and the Treasury, challenging the agencies’ disclosure of personal, health, and financial information to the Department of Government Efficiency's (”DOGE”) employees. The plaintiffs argue the disclosure violates federal laws. They have asked the court to stop further disclosure and compensation for harm.
Case Summary: Plaintiffs are federal employees from various government departments who filed suit as a proposed class action. They allege that DOGE workers unlawfully accessed their private information from OPM and the Treasury Department. They argue that Defendants are engaged in an “unlawful ongoing, systemic, and continuous disclosure of personal, health, and financial information” to Elon Musk and DOGE in violation of the Privacy Act, 5 U.S.C. § 552a. They seek injunctive relief and damages. | 2025-02-11 | Gribbon et al. v. Musk (D.D.C.)
Case No. 1:25-cv-00422 | Complaint | 2025-02-12 | Overview: Six individuals sued Elon Musk, the Office of Personnel Management (”OPM”), and the Treasury for sharing personal information. The plaintiffs argue that by sharing their private information, Musk and the agencies violated federal laws. The plaintiffs have asked the court to declare Musk and the agencies’ actions unlawful, stop them from further sharing the plaintiffs’ information, and require them to provide lifetime identity theft and fraud protection services.
Case Summary: Plaintiffs filed a proposed class action lawsuit. They are recipients of federal benefits, student loans, or have filed tax return information with the federal government. The complaint alleges that “Defendants [are] liable for their willful failure to ensure the security of Plaintiffs’ and Class members’” private information. Plaintiffs allege Defendant Elon Musk violated the Computer Fraud and Abuse Act and that Defendants OPM and Treasury violated the Privacy Act of 1974. Plaintiffs are suing for injunctive relief and monetary damages “resulting from Defendants’ unlawful ongoing, systematic, and continuous disclosure of personal and financial information.” | 2025-02-12 | Center for Taxpayer Rights v. IRS (D.D.C)
Case 1:25-cv-00457 | Complaint | 2025-02-17 | Overview: Several organizations, on behalf of taxpayers, sued the Internal Revenue Service (”IRS”) and the Treasury, challenging the access to private tax information the agencies gave to the Department of Government Efficiency’s (”DOGE”). The plaintiffs argue that by allowing DOGE’s access, the agencies violated multiple federal laws and exceeded their scope of authority. The plaintiffs have asked the court to declare the access unlawful, stop DOGE’s access, and require the return or deletion of the shared information.
Case Summary: Plaintiffs filed a lawsuit challenging the U.S. Department of Government Efficiency’s access to information from the Internal Revenue Service. Plaintiffs are organizations that represent low-income taxpayers, immigrants, domestic abuse survivors, small businesses, and public and private sector employees. They allege that by allowing DOGE to access private citizens’ tax information, the IRS has violated the Federal Information Security Act, the Privacy Act, and the Administrative Procedure Act. Plaintiffs also allege that DOGE has engaged in “ultra vires” actions by “directing and controlling the use and administration of Defendant IRS’ systems.” They seek declaratory and injunctive relief to stop allegedly “wrongful provision of access, inspection, and disclosure of return information and other personal information in the IRS system to members of DOGE.” They also seek other forms of relief such as ordering Defendants to disgorge all unlawfully obtained information. | 2025-02-17 | American Federation of State, County and Municipal Employees, AFL-CIO v. Social Security Administration (D. Md.)
Case No. 1:25-cv-00596
| Complaint | 2025-02-21 | Overview: Three labor unions sued the Social Security Administration (“SSA”) and the Department of Government Efficiency (“DOGE”), challenging the access to sensitive personal data of millions of Americans which SSA gave to DOGE. The unions argue that the access violates multiple federal laws and the Constitution. The unions have asked the court to declare DOGE’s access to SSA data unlawful, require DOGE return to delete the data, and stop any further sharing of information and access.
Case Summary: Plaintiffs filed a lawsuit challenging the U.S. Department of Government Efficiency’s access to Social Security Administration data and systems. They allege that allowing DOGE to access private citizens’ sensitive data violates several laws, including the Internal Revenue Code, the Privacy Act, the Federal Information Systems Modernization Act, the E-Government Act, and the Administrative Procedure Act. They further allege that Acting SSA Commissioner Leland Dudek’s exercise of significant authority without nomination or confirmation violates the Appointments Clause of the U.S. Constitution. Plaintiffs ask the court to declare DOGE’s access to SSA data and systems unlawful, order DOGE to disgorge or delete any unlawfully obtained data, and prohibit any further efforts by either DOGE or SSA to enable DOGE to access SSA data or systems. | 2025-02-21 | | Executive Action: “Fork Directive” deferred resignation offer to federal employees (OPM Directive) |
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American Federation of Gov’t Employees, AFL-CIO v. Ezell (D. Mass)
Case No. 1:25-cv-10276 | Complaint | 2025-02-04 | Overview: Multiple labor unions sued the Office of Personnel Management (“OPM”), challenging the legality of the "deferred resignation" offer program. The offer, sent to nearly all federal employees, gives them the option to receive compensation until September 30, 2025 if they resign by February 6, 2025, where the unions say the implied alternative is earlier termination. The unions argue that the program violates the Constitution and federal laws. The unions have asked the court to declare the program unlawful, void the program, and immediately and permanently suspend the February 6 deadline. The court initially suspended the deadline until the court heard arguments from both sides; however, shortly after, the court removed the suspension and denied the unions’ requests on the basis that they had not followed correct procedures in filing the suit.
Case Summary: On January 28, 2025, the Office of Personnel Management sent an email to career federal employees presenting what it described as a deferred resignation program, an offer to receive compensation until September 30, 2025 if they resign now (“Fork Directive” email). A deadline for the offer was set for February 6, 2025. Plaintiffs filed suit, arguing the directive violates the Administrative Procedure Act (APA) because it is “arbitrary and capricious” and not in accordance with the Antideficiency Act. They seek a declaratory judgment that the directive violates the APA and that the directive be vacated; they also seek an preliminary and permanent injunction of the February 6, 2025 deadline and an order that OPM submit for court approval a corrected communication for all employees who received the directive.
Update 1: On Feb. 5, 2025, the plaintiffs requested a temporary restraining order and that within 24 hours of the TRO, the Government provide written notice of the TRO to all federal employees who have received the directive.
Update 2: On Feb. 6, 2025, Judge George O’Toole issued an order to pause the program and extend the deadline until Monday when a hearing is scheduled.
Update 3: On Feb. 10, 2025, Judge O’Toole ordered that the stay of the Feb. 6 deadline will remain in effect “pending the completion of briefing and oral argument on the issues.” Defendants notified the Court of their compliance with the order.
Update 4: On Feb. 12, 2025, Judge O’Toole dissolved the TRO and denied further preliminary injunctive relief, finding that the plaintiffs lacked Article III standing and that the court lacked subject matter jurisdiction over the claims asserted. | 2025-02-12 | | Executive Action: Removal of independent agency leaders |
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Gwynne A. Wilcox v. Donald J. Trump et al (D.D.C.)
Case No. 1:25-cv-00334 | Complaint | 2025-02-05 | Overview: Gwynne Wilcox (a member of the National Labor Relations Board) sued President Donald Trump challenging her removal from the National Labor Relations Board as a violation of the National Labor Relations Act, claiming that Trump did not meet the standard required for Wilcox’s removal under federal law and that Wilcox was not given notice and a hearing to contest her removal.
Case Summary: This case challenges President Trump’s removal of Gwynne A. Wilcox from her position on the National Labor Relations Board. The suit alleges the removal is in violation of the National Labor Relations Act (29 U.S.C. § 151 et seq.), which allows the president to remove Board members only in cases of neglect of duty or malfeasance and only after notice and hearing. The Plaintiff is seeking relief under the Declaratory Judgement Act, 28 U.S.C. §§ 2201 and 2202, to establish that she remains a rightful member of the Board and that the President lacks authority to remove her. She also seeks an injunction against the Chairman of the National Labor Relations Board, who oversaw the termination.
Update 1: On Feb. 10, Plaintiff moved for expedited summary judgment.
Update 2: On Feb. 21, the government filed a cross-motion for summary judgment, arguing statutory restrictions protecting NLRB members unconstitutionally conflict with the President’s Article II powers.
Update 3: On Mar. 6, Judge Beryl Howell granted the plaintiff’s motion for summary judgment, and denied the defendant's cross motion for summary judgment. The court issued a declaratory judgment that Wilcox’s firing was unlawful and that she remains a member of the NRLB; the court further ordered that Wilcox be allowed to continue to serve in office unless removed for cause under the NLRA, and enjoined defendants from removing Wilcox or impeding her from executing her duties.
Update 4: On Mar. 6, defendants appealed to the D.C. Circuit and requested the district court issue a stay pending appeal. | 2025-03-06 | Grundmann v. Trump et al. (D.D.C)
Case No. 1:25-cv-00425
| Complaint | 2025-02-13 | Overview: Susan Grundmann (former Chair of the Federal Labor Relations Authority) sued President Donald Trump challenging her removal from the National Labor Relations Authority as a violation of the Federal Service Labor-Management Relations Statute, claiming that Trump did not meet the standard required for Grundmann’s removal under federal law and that Grundmann was not given notice and a hearing to contest her removal.
Case Summary: On Feb, 10, 2025, White House official Trent Morse sent a two-sentence email to Susan Grundmann stating that her position on the Federal Labor Relations Authority (FLRA), an independent agency, “is terminated, effective immediately.”
Plaintiff Susan Grundmann challenges her removal from the FLRA. Plaintiff was Chair of the FLRA when she received the email from Morse, Deputy Director of the White House Office of Presidential Personnel. Plaintiff alleges she was improperly removed in violation of the Federal Service Labor-Management Relations Statute (5 U.S.C. § 7104), which states that “Members of the Authority…may be removed by the President only upon notice and hearing and only for inefficiency, neglect of duty, or malfeasance in office.” Plaintiff seeks declaratory relief and an injunction ordering her reinstatement.
Update 1: On Feb. 14, Plaintiff filed a motion for preliminary injunction and summary judgment.
Update 2: On Feb. 25, defendants filed a cross motion for summary judgement and memorandum in opposition to the motion for a preliminary injunction. | 2025-02-25 | Dellinger v. Bessent (D.D.C.)
Case No. 1:25-cv-00385-ABJ
CASE CLOSED | Complaint | 2025-02-10 | Overview: Hampton Dellinger, Special Counsel of the U.S. Office of Special Counsel, sued President Donald Trump for firing him without cause in violation of a statute saying he may only be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A federal judge allowed him to resume his position while the case proceeded through the courts. The Supreme Court rejected the government’s appeal of this decision on February 21. On March 5, 2025, the DC Circuit Court issued a 3-0 decision that effectively removed Dellinger from his position as Special Counsel of the U.S. Office of Special Counsel, and the following day Dellinger dropped his case.
Case Summary: Plaintiff Hampton Dellinger has been the Special Counsel in the Office of the Special Counsel (OSC) since Mar. 6, 2024, when he was nominated by the President and confirmed by the Senate for a five-year term. The OSC is an independent federal agency founded by Congress as part of the Civil Service Reform Act of 1978. Its primary function is to protect federal employees and others who come forward as whistleblowers. Once confirmed, the Special Counsel serves a five-year term and “may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office.” On Feb. 7, 2025, Dellinger received a two-sentence email from Sergio Gor, informing Dellinger that he was terminated, effective immediately, and stating no cause for such termination. Dellinger is suing under six different counts and seeks a declaratory judgment that President Trump’s decision to fire him was unlawful, that the Special Counsel may only be removed for cause; and seeks an order that Dellinger may not be removed and is entitled to backpay. As precedent for the constitutionality of the statutory for-cause protection, Dellinger cites to Humphrey’s Executor.
Update 1: On Feb. 10, 2025, Judge Amy Berman Jackson issued an administrative stay on Dellinger’s termination through midnight on February 13, 2025, while the parties submit their briefs.
Update 2: On Feb. 11, 2025, defendants appealed to the D.C. Circuit (case no. 25-5025), making an emergency motion to stay the district court’s administrative stay.
Update 3: On Feb. 12, 2025, the D.C. Circuit dismissed the appeal for lack of jurisdiction.
Update 4: On Feb. 12, 2025, Judge Amy Berman Jackson of the D.C. District Court granted a temporary restraining order, ordering that Dellinger shall continue to serve as Special Counsel and prohibiting defendants from denying him the resources and materials of his office.
Update 5: On Feb. 13, Defendants filed an appeal to the D.C. Circuit (case no. 25-5028). In the District Court, their motion for a stay pending appeal was denied.
Update 6: On Feb. 15, the D.C. Circuit rejected the Defendant’s appeal in a 2-1 opinion.
Update 7: The Government petitioned the U.S. Supreme Court asking the Justices to freeze and vacate the district court order that had temporarily reinstated Dellinger.
Update 8: On Feb. 21, the Supreme Court rejected (7-2) the Government’s petition on the ground that a TRO was not properly subject to appeal at this stage.
Update 9: On Feb. 26, Judge Jackson extended the TRO ordering that Dellinger remain as Special Counsel for an additional three days until she “complete[s] the written opinion on the consolidated motion for preliminary injunction and cross motions for summary judgment” (indicating she will rule on that day, Mar. 1).
Update 10: On Mar. 1, Judge Jackson issued an Opinion and Order in favor of the Plaintiff. The Defendants immediately appealed to the DC Circuit.
Update 11: On Mar. 5, the DC Circuit in a 3-0 decision put a halt to the district court order pending the appeal. “This order gives effect to the removal of [Dellinger] from his position as Special Counsel of the U.S. Office of Special Counsel,” the DC Circuit wrote.
Update 12: On Mar. 6, Dellinger announced that he was dropping his case.
Final Update: CASE CLOSED | 2025-03-05 | Cathy A. Harris v. Bessent et al (D.D.C.)
Case No. 1:25-cv-00412 | Complaint | 2025-02-11 | Overview: Cathy A. Harris, a member of the Merit Systems Protection Board (“MSPB”), sued President Donald Trump for firing her from the MSPB without cause in violation of the Administrative Procedure Act. Harris asked the court to allow her to continue in her position while the lawsuit proceeds and to declare her removal unlawful. A federal court agreed Harris could remain in her role while the case is pending, ruling that Trump likely did not meet the standard required for her removal under applicable law. Trump appealed this ruling.
Case Summary: Plaintiff Cathy A. Harris challenges her removal from the Merit Systems Protection Board (MSPB), an independent federal agency. Plaintiff alleges that she received a one-sentence email from Trent Morse, Deputy Assistant to the President and Deputy Director of the White House Presidential Personnel Office, stating that Plaintiff had been terminated, effective immediately. Plaintiff, whose term on the MSPB was set to expire in 2028, alleges that she was unlawfully removed from her position without justification, despite the statutory requirement that MSPB members may only be removed for “inefficiency, neglect of duty, or malfeasance in office.” She alleges the action was ultra vires and violated the Administrative Procedure Act. She seeks a declaratory judgment and injunction as well as an emergency temporary restraining order to reinstate her position on the MSPB.
Update 1: On Feb. 11, Plaintiff moved for a temporary restraining order declaring that her removal is unlawful and that she is a member of the MSPB, and enjoining obstructing her access to the office.
Update 2: On Feb. 18, Judge Rudolph Contreras granted the temporary restraining order and ordered that Harris continue to serve as Chair of the MSPB until the court rules on a preliminary injunction.
Update 3: On Mar. 4, Judge Contreras granted the plaintiff’s motion for summary judgment. The court issued a declaratory judgment that Harris remains a member of the MSPB and that she may be removed by the President prior to the expiration of her term only for inefficiency, neglect of duty, or malfeasance in office. The court also enjoined defendants from removing Harris from office without cause.
Update 4: On Mar. 4, the government appealed to the D.C. Circuit and moved that the district court stay its order pending appeal.
Update 5: On Mar. 5, the district court denied the government’s motion to stay its order pending appeal. | 2025-03-05 | LeBlanc & Felten v. United States Privacy and Civil Liberties Oversight Board (D.D.C.)
Case No. 1:25-cv-00542 | Complaint | 2025-02-24 | Overview: After all three Democratic members of the Privacy and Civil Liberties Oversight Board (“PCLOB”) were removed by the PCLOB, two of them sued to challenge their removal. By law, the PCLOB is required to have members from both Democrat and Republican parties. The plaintiffs argue that they were dismissed unlawfully on the basis of their political affiliation and not for good cause. They have asked the court to declare that the Board does not have the authority to remove them purely for political reasons, and to void the removals as unlawful. They have also asked the court to require the PCLOB (aside from the President) to reinstate and stop the PCLOB (aside from the President) from future removals not based on good cause.
Case Summary: On Jan, 27, 2025, the U.S. Privacy and Civil Liberties Oversight Board (PCLOB) purported to remove Plaintiffs, two Senate-confirmed members of the Board. Plaintiffs represent two out of three Democratic members of the Board, which is required by statute to have Democratic and Republican members.
Plaintiffs allege that the text, structure, and function of the 9/11 Commission Act bars removal of PCLOB members without good cause. They also assert that by removing Board members solely on the basis of their political affiliation, defendants have acted “not in accordance with law.” They seek a declaration that the Defendants “have no authority” to remove Plaintiffs from the Board based on their political affiliation and for the court to “hold unlawful and set aside the purported removals.” They also seek an injunction prohibiting defendants (other than the President) from removing them from their positions without good cause and enjoin defendants (other than the President) to restore them to those positions. | 2025-02-24 | | Executive Action: Dismantling of USAID (Executive Order 14169) (State Dept stop-work order) |
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American Foreign Service Association v. Trump (D.D.C.)
Case No. 1:25-cv-00352 | Complaint | 2025-02-06 | Overview: Two unions sued the Trump administration, challenging its efforts to dismantle the United States Agency for International Development (“USAID”). The unions argue that the efforts are unconstitutional, violate federal law, and exceed the scope of agency authority. The unions have asked the court to declare the administration’s actions unlawful and unconstitutional, and immediately stop the administration’s efforts by appointing an independent administrator, restoring funding, and voiding the suspension of employees. The court initially stopped the administration from suspending employees but did not restore funding; however, on February 21, 2025, the court reversed its earlier temporary restrictions on the administration, on the basis that the dispute could be resolved outside of the court. On March 10, 2025, the unions filed a new motion arguing that the court should have jurisdiction to decide this dispute.
Case Summary: On Jan. 20, 2025, the Trump administration issued an executive order including a 90-day pause in “foreign development assistance,” and the Secretary of State then issued stop-work orders for United States Agency for International Development (USAID) foreign assistance grants. Later, Secretary of State Rubio was named as acting USAID Administrator and USAID contractors were laid off or furloughed. On Feb. 3, Elon Musk posted that he had spent the previous weekend “feeding USAID to the woodchipper,” and USAID headquarters in Washington, D.C. was closed. On Feb. 4, a message was posted on the USAID website that all directly-hired USAID staff would be placed on administrative leave as of 11:59pm EST on Friday, Feb. 7, 2025. Plaintiffs sued, arguing executive actions either to dissolve USAID or merge it with the State Department are unconstitutional violations of the separation of powers and the Take Care Clause; and unlawful under of the Administrative Procedure Act by exceeding statutory authority, violating the Further Consolidated Appropriations Act, and involving arbitrary and capricious abuses of discretion. Plaintiffs seek a declaratory judgment that the administration’s actions are unlawful and unconstitutional; a temporary restraining order and preliminary injunction directing the administration to halt efforts to shut down the agency, including by appointing an independent administrator, restoring grant funding, recalling furloughs, and halting efforts to place more employees on administrative leave, among other actions. Plaintiffs also seek court supervision, and a permanent injunction barring the administration from taking action to dissolve USAID absent congressional authorization.
Update 1: On Feb. 7, 2025, Judge Carl J. Nichols issued a temporary restraining order preventing USAID from placing employees on administrative leave or evacuating them. He rejected the plaintiffs’ request for a restraining order on the funding freeze on the ground that the plaintiffs (USAID employees) could not show sufficient harm to themselves.
Update 2: On Feb. 13, the court extended the TRO until Friday, Feb. 21, at 11:59 PM. Judge Nichols also amended the TRO’s statement to clarify that no USAID employees can be involuntarily evacuated from their host countries while the TRO remains in place.
Update 3: On Feb. 14, the Government submitted a declaration by Pete Marocco, who performs the duties and functions of both Deputy Administrators of USAID; the declaration responds to the court’s questions about government actions to protect USAID employees abroad subject to administrative leave or in the event of employees staying voluntarily beyond the time of an evacuation.
Update 4: On Feb. 21, Judge Nichols issued an Order and Memorandum Opinion rejecting the preliminary injunction and dissolving the TRO. His reasoning included that plaintiffs do not face irreparable harm after a series of concessions from Deputy Administrator Marocco, and that they could pursue remedies with administrative bodies governing disputes between the federal government and civil servants.
Update 5: On Mar. 10, Plaintiffs moved for summary judgment, arguing that the court (not administrative bodies) has jurisdiction over the claim, and that Defendants’ actions violate both the Constitution and the Administrative Procedure Act.
Update 6: On Mar. 11, Plaintiffs moved for a temporary restraining order alleging potential destruction of documents, including copy of an internal email from Acting Executive Secretary of USAID Erica Carr to staff.
Update 7: On Mar. 12, the Defendants responded to the Mar. 11 motion for a temporary restraining order and included an affidavit by Carr. The defendants stated that the instruction to destroy documents “had nothing to do with this litigation,” was done to clear space formerly occupied by USAID, and were copies “where the originally classified document is retained by another government agency and for which there is no need for USAID to retain a copy.” | 2025-03-12 | AIDS Vaccine Advocacy Coalition v. United States Department of State (D.D.C.)
Case No. 1:25-cv-00400 | Complaint | 2025-02-10 | Overview: Two nonprofit organizations sued the Trump administration over the suspension of United States Agency for International Development (“USAID”) funding. The organizations argue that the suspensions have harmed their work and employees, exceed the President’s scope of authority, and violate the Constitution. The organizations have asked the court to declare the suspension unlawful, immediately reinstate funding, and stop enforcement of the suspension. The court stopped the enforcement of a blanket suspension of funding but did not stop the underlying Executive Order (EO 14169) which affects employment and contracts. The organizations subsequently argued that the administration failed to comply with the order, to which the court ordered enforcement on the administration but did not expressly acknowledge any noncompliance. The Trump administration appealed this case up to the US Supreme Court. On March 5, 2025, the Supreme Court decided that the administration must continue to pay already appropriated foreign assistance funds.
Case Summary: On Jan. 20, 2025, the Trump administration issued an executive order including a 90-day pause in “foreign development assistance,” and the Secretary of State then issued stop-work orders for United States Agency for International Development (USAID) foreign assistance grants.
Plaintiffs, AIDS Vaccine Advocacy Coalition (AVAC) and Journalism Development Network (JDN), sued for declaratory and injunctive relief to stop the implementation of the Executive Order and the stop-work order. Plaintiffs are two nonprofit organizations that receive federal grants from USAID to support their work. Both AVAC’s and JDN’s funding was appropriated by Congress through the Further Consolidated Appropriations Act. Plaintiffs allege the Executive Order and stop-work order have been detrimental to their work, forcing them to lay off staff, slashing their budgets, and impacting their ability to carry out their missions. They allege the President acted ultra vires and usurped legislative authority. They also allege the President has violated the Take Care Clause. Plaintiffs’ claims against the State Department, USAID, Secretary of State Marc Rubio, Office of Management and Budget (OMB), and OMB Director Vought are that the stop-work orders are arbitrary and capricious in violation of the Administrative Procedure Act, the Anti-Deficiency Act (as an “unlawful reserve”), and the Impoundment Control Act. Plaintiffs seek a declaration from the court that the suspension of foreign aid is unlawful, an injunction stopping defendants from enforcing the Executive Order, and an order to immediately reinstate foreign assistance funding.
Update 1: On Feb. 12, Plaintiffs moved for a TRO enjoining Defendants from enforcing the Executive Order and State Department policy, enjoining stop-work orders, and reinstating foreign assistance funding and administration.
Update 2: On Feb. 13, the court granted a TRO in this case and Global Health Council v. Trump on narrower terms than originally requested. The order enjoins implementation on the blanket suspension of foreign aid funding, but does not enjoin enforcement or implementation of Executive Order 14169, individual personnel decisions, or termination of individual contracts.
Update 3: On Feb. 19, Plaintiffs filed an emergency motion for contempt seeking to enforce the Feb. 13 TRO against Defendants and hold them in civil contempt. Plaintiffs allege that Defendants’ purported compliance with the TRO “strains credulity” and that Defendants have continued to suspend funding and enforce stop-work orders in violation of the court’s orders.
Update 4: On Feb. 20, the court granted in part plaintiffs’ motion for enforcement of the court’s TRO “to the extent Defendants have not complied with the terms of the TRO,” but did not make a finding of contempt, citing “Defendants’ explicit recognition that ‘prompt compliance with the order’ is required.” The granted motion applies to this case and Global Health Council v. Trump.
Update 5: On Feb. 24, plaintiffs in Global Health Council v. Trump filed an emergency renewed motion to enforce the TRO. The court held a hearing the following day and, on Feb. 25, granted the motion for a proposed order requiring the Administration pay all invoices and letter of credit drawdown requests for work completed prior to the TRO, as well as reimbursements on grants and assistance agreements by 11:59 pm on Wednesday, Feb. 26. The court further mandated that the Administration take no actions to impede and must ensure the prompt payment of appropriated foreign assistance funds going forward. The court also reportedly ordered the government to provide the court, by Feb. 26 at noon, with all internal directives to agency employees concerning compliance with the TRO.
Update 6: On Feb. 25, the Government submitted a notice of its decision to appeal the court’s decision to the DC Circuit, and a motion to stay the court’s order pending appeal.
Update 7: On Feb. 26, the district court rejected and the D.C. Circuit dismissed the Government’s motion for a stay.
Update 8: On Feb. 26, the Government filed an application with the U.S. Supreme Court (while the decision before the D.C. Circuit was still pending) to vacate the district court’s TRO and grant an immediate administrative stay. That evening, Chief Justice Roberts granted an administrative stay and ordered a response by the plaintiffs by Feb. 28 at 12:p.m. EST.
Update 9: On Feb. 28, the Plaintiffs filed its opposition to the application.
Update 10: On Mar. 5, the Supreme Court rejected the Defendants’ petition in a 5-4 decision.
Update 11: On Mar. 6, Judge Amir H. Ali ruled from the bench that the government must make outstanding balances to the Plaintiffs by Mar. 10; but did not resolve the payments for foreign aid recipients other than the Plaintiffs, which total near $2 billion.
Update 12: On Mar. 10, Judge Ali granted in part and denied in part the motion for a preliminary injunction. The judge ordered the government to pay nearly $2 billion in foreign assistance for work performed before Feb. 13, but he did not reject the State Department’s review and termination of thousands of foreign aid contracts for work after that date. He ruled that the plaintiffs were not likely to succeed on the claim that the latter actions flowed from the original government directives in violation of the law.
| 2025-03-10 | Global Health Council v. Trump (D.D.C.)
Case No. 1:25-cv-00402 | Complaint | 2025-02-11 | Overview: A group of organizations sued the Trump administration for defunding the United States Agency for International Development (“USAID”), laying off employees, and attempting to dismantle the agency. The group argues that these actions violated the Constitution and federal laws, and exceeded the authority of the agencies and the President. The group has asked the court to void all actions taken by the administration, and stop the administration from implementing the underlying Executive Order (EO 14169). The Trump administration appealed this case up to the US Supreme Court. On March 5, 2025, the Supreme Court decided that the administration must continue to pay already appropriated foreign assistance funds.
Case Summary: A group of for-profit and nonprofit organizations that contract with USAID sued the Trump administration over its recent actions to defund USAID, lay off or furlough employees, and transfer the Agency to be under the State Department. Plaintiffs provide a detailed chronology of the actions, memoranda, and statements that the Administration has issued. In addition to imperiling future projects by freezing future funds, plaintiffs also allege that there is money unpaid for services already performed. ($3,376,832 for Democracy International, approximately $120 million for DAI, $103.6 million for Chemonics, and tens of millions for SBAIC’s members.) Plaintiffs allege that neither the President, nor the Secretary of State, nor the USAID Administrator have the authority to unilaterally withhold already-appropriated funds, citing the Constitution and statutory law prohibiting the unilateral withholding: the Impoundment Control Act and the Anti-Deficiency Act. Plaintiffs also claim violations of the Administrative Procedure Act; that the Executive’s actions were arbitrary and capricious, and contrary to statutory and constitutional law. Plaintiffs ask the court to vacate and set aside all of the defendants’ actions to implement Executive Order 14169 and seek injunctions to prevent defendants from continuing to implement EO 14169 and from “dismantling USAID.”
Update 1: On Feb. 11, Plaintiffs moved for a TRO enjoining implementation of the Executive Order and State Department Memorandum.
Update 2: On Feb. 13, the court granted a TRO in this case and AIDS Vaccine Advocacy Coalition v. United States Department of State on narrower terms than originally requested. The order enjoins implementation on the blanket suspension of foreign aid funding, but does not enjoin enforcement or implementation of Executive Order 14169, individual personnel decisions, or termination of individual contracts.
Update 3: On Feb. 20, the court granted in part plaintiffs’ motion for enforcement of the court’s TRO “to the extent Defendants have not complied with the terms of the TRO,” but did not make a finding of contempt, citing “Defendants’ explicit recognition that ‘prompt compliance with the order’ is required.” The granted motion applies to this case and AIDS Vaccine Advocacy Coalition v. United States Department of State.
Update 4: On Feb. 24, plaintiffs filed an emergency renewed motion to enforce the TRO. The court held a hearing the following day and, on Feb. 25, granted the motion for a proposed order requiring the Administration pay all invoices and letter of credit drawdown requests for work completed prior to the TRO, as well as reimbursements on grants and assistance agreements by 11:59 pm on Wednesday, Feb. 26. The court further mandated that the Administration take no actions to impede and must ensure the prompt payment of appropriated foreign assistance funds going forward. The court also reportedly ordered the government to provide the court, by Feb. 26 at noon, with all internal directives to agency employees concerning compliance with the TRO.
Update 5: On Feb. 25, the Government submitted a notice of its decision to appeal the court’s decision to the DC Circuit, and a motion to stay the court’s order pending appeal.
Update 6: On Feb. 26, the district court rejected and the D.C. Circuit dismissed the Government’s motion for a stay.
Update 7: On Feb. 26, the Government filed an application with the U.S. Supreme Court (while the decision before the D.C. Circuit was still pending) to vacate the district court’s TRO and grant an immediate administrative stay. That evening, Chief Justice Roberts granted an administrative stay and ordered a response by the plaintiffs by Feb. 28 at 12:p.m. EST.
Update 8: On Feb. 28, the Plaintiffs filed its opposition to the application.
Update 9: On Mar. 5, the Supreme Court rejected the Defendants’ petition in a 5-4 decision.
Update 10: On Mar. 6, Judge Amir H. Ali ruled from the bench that the government must make outstanding balances to the Plaintiffs by Mar. 10; but did not resolve the payments for foreign aid recipients other than the Plaintiffs, which total near $2 billion.
Update 11: On Mar. 10, Judge Ali granted in part and denied in part the motion for a preliminary injunction. The judge ordered the government to pay nearly $2 billion in foreign assistance for work performed before Feb. 13, but he did not reject the State Department’s review and termination of thousands of foreign aid contracts for work after that date. He ruled that the plaintiffs were not likely to succeed on the claim that the latter actions flowed from the original government directives in violation of the law.
| 2025-03-10 | Personal Services Contractor Association v. Trump et al (D.D.C.)
Case No. 1:25-cv-00469
| Complaint | 2025-02-18 | Overview: The Personal Services Contractor Association, representing contractors from the US Agency for International Development (“USAID”), challenged President Donald Trump’s Executive Order that suspended U.S. foreign aid and began dismantling USAID. They seek both an immediate temporary restraining order and a permanent injunction to prevent USAID's dismantling and the freezing of congressionally appropriated foreign assistance funds.On Mar. 6, a federal judge denied the contractors’ request for the temporary restraining order.
Case Summary: On Jan. 20, 2025, the Trump administration issued an executive order including a 90-day pause in “foreign development assistance,” and the Secretary of State then issued stop-work orders for United States Agency for International Development (USAID) foreign assistance grants.
The Personal Services Contractor Association filed suit on Feb. 18, 2025, challenging Executive Order 14169 and subsequent actions that effectively suspended U.S. foreign aid and began dismantling USAID. The plaintiffs, representing USAID contractors, allege these actions have caused severe disruption, including contractors being locked out of facilities and email, facing eviction overseas, losing access to healthcare, and being unable to carry out humanitarian aid work. The plaintiffs bring four causes of action: (1) violation of separation of powers against Trump, (2) violation of the Take Care Clause against Trump, (3) violation of the Administrative Procedure Act (APA) for arbitrary and capricious actions against all defendants except Trump, and (4) violation of the APA for actions not in accordance with law (including under the Impoundment Act and Anti-Deficiency Act) against all defendants except Trump. The plaintiffs seek both immediate temporary relief (to restore USAID contractors to their pre-January 20 employment status and work conditions) and permanent injunctive relief to prevent USAID's dismantling, its absorption into the State Department, and the freezing of congressionally-appropriated foreign assistance funds without congressional approval. They also request ongoing compliance monitoring through regular status reports.
Update 1: On Feb. 19, Plaintiffs submitted a motion for a temporary restraining order, including 13 Declarations as Exhibits.
Update 2: On Mar. 6, Judge Carl Nichols ruled from the bench denying the contractors' request for the temporary restraining order. Judge Nichols said the complaints should be adjudicated by the board of contract appeals or the U.S. Court of Federal Claims. The judge also said the plaintiffs had not established that they would suffer irreparable harm or that a TRO was in the public interest. | 2025-03-06 | | Executive Action: Denial of State Department Funds |
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National Endowment for Democracy v. United States (D.D.C.)
Case No. 1:25-cv-00648 | Complaint | 2025-03-05 | Case Summary: The National Endowment for Democracy (NED) filed suit challenging the Executive Branch’s withholding of funds appropriated to the Endowment by Congress. The NED was established by the National Endowment for Democracy Act of 1983. In the Act, Congress specified that the NED would be funded by annual congressional appropriations, which would then be disbursed to the Endowment via grants from the Department of State. The statute also prescribes that the Endowment must withdraw funds from an account held by the Department of Treasury on an as-needed basis.
The complaint alleges that for the past month, “the Executive Branch has denied the Endowment access to its congressionally appropriated funds—something that has never occurred before in the Endowment’s forty-two-year existence.” As a result, the Endowment claims it is “experiencing a devastating cash flow crisis that jeopardizes its ability to fulfill its mission and its very existence, as well as that of its core institutes and grantees.” The complaint alleges that the Executive Branch is obligated by the NED Act to grant the funds appropriated by Congress, and by not doing so, it is acting “contrary to law and in excess of statutory authority because the statutory scheme creates a mandatory, non-discretionary duty for Defendants to make available, obligate, and disburse the Endowment’s congressionally appropriated funds.” The complaint argues that the administration’s actions constitute an “unlawful impoundment” in violation of the Administrative Procedure Act, the All Writs Act, the Presentment Clause, the Appropriations Clause, the Take Care Clause, and the Separation of Powers. Plaintiffs seek declaratory and injunctive relief, a temporary restraining order and preliminary injunction barring Defendants from impounding the Endowment’s funds.
Update 1: On Mar. 6, plaintiffs filed a motion for a temporary restraining order. | 2025-03-06 | | Dismantling the U.S. African Development Foundation (Executive Order 14127) |
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Brehm v. Marocco (D.D.C.)
Case No. 1:25-cv-00660 | Complaint | 2025-03-06 | Overview: President Donald Trump issued an Executive Order to eliminate parts of four government offices, including the U.S. African Development Foundation (USADF). Ward Brehm, a USADF Board member, received a notice of termination after USADF refused to provide DOGE with access to USADF information systems, and Pete Marocco was appointed as acting Chair. Brehm filed a lawsuit against Marocco, DOGE, and Trump, seeking to stop his removal and Marocco’s appointment and requesting a temporary block. A federal judge has denied Brehm’s request to temporarily block his removal and Marocco’s appointment while the case proceeds.
Case Summary: On Feb. 19, President Trump issued Executive Order 14127, which directed that “non-statutory components and functions” of four government entities, including the U.S. African Development Foundation (USADF), “be eliminated,” among other actions. On Feb. 21, DOGE allegedly demanded access to USADF information systems, and USADF staff informed them of legal requirements that DOGE employees would have to satisfy before access was provided. On Feb. 24, Ward Brehm, a member of the USADF Board, allegedly received notice from the White House Presidential Personnel Office (PPO) that he had been terminated. On Feb. 28, USADF management allegedly received a letter from PPO appointing Pete Marocco as acting Chair of the Board of USADF. On Mar. 3, previously appointed members of the Board allegedly held an emergency meeting and determined that Marocco’s appointment was unlawful. On Mar. 5, Brehm allegedly informed DOGE that Marocco did not hold a position with USADF and instructed USADF staff to deny him access to its offices.
On Mar. 6, Brehm in his personal and official capacity, filed suit against Marocco, DOGE, and President Trump, arguing the defendants actions are (1) an ultra vires violation of the African Development Foundation Act as Marocco was neither nominated to the Board nor confirmed by the Senate; (2) an ultra vires violation of the separation of powers; (3) a violation of the APA as not in accordance with the law and in excess of statutory authority. Brehm seeks a declaratory judgment that he is the President of USADF and Marocco’s appointment was unlawful; preliminary and permanent injunctive relief; and, in the alternative, a writ of mandamus prohibiting his removal by any entity other than the Board.
The same day, plaintiff filed a motion for a temporary restraining order.
Update 1: On Mar. 6, Judge Richard J. Leon issued an administrative stay prohibiting Brehm from being removed from office and Marocco from being appointed to the Board.
Update 2: On Mar. 11, Judge Leon issued a Memorandum Order denying the TRO request. “The heart of the problem is that Brehm has not identified any cognizable irreparable harm to himself as opposed to potential harm to the agency and its partners,” Judge Leon wrote (emphasis in original). As an aside, Judge Leon wrote that “Brehm raise[sic] a colorable Appointment Clause claim,” that the Vacancy Act does not permit the appointment of Marocco and “[t]he Court has not found–nor has the Government identified–any other statute that provides President Trump with the authority to appoint Marocco as the Acting Chairman of the Board.”
| 2025-03-11 | | Executive Action: Dismantling of Consumer Financial Protection Bureau |
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National Treasury Employees Union v. Russell Vought (D.D.C.)
Case No. 1:25-cv-00381 | Complaint (Feb. 6, 2025)
Amended Complaint (Feb. 13, 2025)
| 2025-02-09 | Overview: National Treasury Employees Union, representing employees across 37 federal agencies and departments including the Consumer Financial Protection Bureau (“CFPB”), challenged the Trump Administration's efforts to shut down the CFPB and requested a temporary restraining order against the CFPB and Acting Director Russell Vought. A federal judge ordered the Administration to stop deleting and removing records, terminating employees without cause, or disbursing funds except for operating expenses, while the case proceeds.
Case Summary: The Consumer Financial Protection Bureau (CFPB) was created by Congress in the aftermath of the 2007–2008 great recession, to support and protect American consumers in the financial marketplace. On Feb. 7, 2025, Elon Musk posted “CFPB RIP” with a tombstone emoji on his X account. On Feb. 8, Russell Vought, the Acting Director of the CFPB, posted on X that he had notified the Federal Reserve that CFPB would not take “its next draw of unappropriated funding because it is not ‘reasonably necessary’ to carry out its duties.” In an email to CFPB employees, Vought directed the CFPB workforce to “cease all supervision and examination activity,” “cease all stakeholder engagement,” pause all pending investigations, not issue any public communications, and pause “enforcement actions.” He also notified the CFPB workforce that the Washington headquarters would be closed for the coming week. Plaintiffs allege that preventing CFPB from drawing down more funding and ordering a halt on enforcement activities constitutes an unlawful attempt to thwart Congress’s decision to create CFPB, which would be a violation of the separation of powers. They seek a declaratory judgment that Vought’s directives are unlawful and an injunction that prevents him from further attempts to dismantle CFPB’s supervision and enforcement work.
Update 1: On Feb. 13, Plaintiffs moved for an administrative stay and TRO enjoining defendants from taking action to terminate CFPB staff, requiring that cease work directives be lifted, and enjoining further efforts to suspend operations at CFPB.
Update 2: On Feb. 14, 2025, the court ordered that the defendants not delete, destroy, remove, or impair records; terminate any employee other than for cause or issue any notice of reduction-in-force to any CFPB employee; or disburse any funds, except to satisfy CFPB’s operating obligations, pending the resolution of plaintiffs’ motion for a TRO. The order also reclassified plaintiffs’ motion for a TRO as a motion for a preliminary injunction. | 2025-02-14 | Mayor and City Council of Baltimore et al. v. CFPB (D. Md.)
Case No. 1:25-cv-00458-ABA
| Complaint | 2025-02-12 | Overview: The Mayor and City Council of Baltimore, along with nonprofit Economic Action Maryland Fund, sued the Consumer Financial Protection Bureau (“CFPB”) and Acting Director Russell Vought challenging their actions to defund and halt operations at the CFPB. A federal judge ordered the Administration to stop transferring or relinquishing control of reserve funds, returning any reserve funds to the Federal Reserve or the Department of Treasury, or otherwise reducing funds except for operating expenses while the case proceeds.
Case Summary: On Feb. 7, 2025, President Trump named OMB Director Russell Vought as the Acting Director of the Consumer Financial Protection Bureau (CFPB). On Feb. 8, Vought instructed CFPB employees to stop performing any work tasks and notified the Federal Reserve Board of Governors that he was requesting $0 for the third quarter of fiscal year 2025. Plaintiffs allege that these and other statements and actions by Vought, President Trump, and Elon Musk indicate that the CFPB will be deprived of operating funds and will be unable to perform its statutorily mandated functions. Plaintiffs allege that the Baltimore City Law Department has an active account with the CFPB and uses the CFPB customer complaint database and attends trainings put on by the CFPB. Plaintiffs also claim injury because their constituents will be deprived of the CFPB’s enforcement actions against predatory business practices. The second plaintiff, Economic Action Maryland Fund, is a direct services nonprofit that operates in Maryland. For part of its work, the organization relies on the CFPB complaint databases and other resources CFPB publishes under the Home Mortgage Disclosure Act. Plaintiffs claim that defendants’ actions violate the Administrative Procedure Act (including that Vought’s actions allegedly violate the statutory requirement for the Director to request transfer of an amount “reasonably necessary to carry out the authorities of the Bureau under Federal consumer financial law.” Plaintiffs seek a declaratory judgment saying as much, as well as an injunction that would prevent defendants from defunding CFPB.
Update 1: On Feb. 12, Plaintiffs moved for a TRO enjoining defendants from defunding the CFPB, to which the government responded in opposition on Feb. 20.
Update 2: On Feb. 25, Judge Matthew J. Maddox issued an order that prevented the defunding of CFPB, and on Feb. 28, the judge issued an order extending that directive for another 14 days. | 2025-02-28 | | Executive Action: Dismantling the Department of Education |
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State of New York v. McMahon (D.Mass)
Case No. 1:25-cv-10601 | Complaint | 2025-03-13 | Overview:Twenty states and the District of Columbia requested the court to halt the announced Department of Education (DOE) and the Trump administration’s planned Reduction in Force (RIF) of half of the remaining employees of the DOE and closure of the DOE. The states based their claims on violations of the constitutional separation of powers and the Executive’s duty of care to execute laws, and as arbitrary and capricious under the Administrative Procedure Act.
Case Summary: On March 13, the Attorneys General of twenty states and the District of Columbia sued the DOE and the Trump administration to halt a planned Reduction in Force (RIF), which would reduce DOE’s staff of 4,133 by approximately 1,378. The RIF is itself only an announced “first step” in a “total shutdown” by Secretary of Education Linda McMahon, the complaint alleges. The suit points to statutory authority that mandates DOE functions under the 1979 Department of Education Organizing Act and other Acts including the Elementary and Secondary Education Act (1965) and Individuals with Disabilities Education Act (1975), and other education, disability, and civil rights laws. It states the Secretary of DOE is only authorized to reorganize by “allocat[ing] or reallocat[ing] functions among the officers of the Department” or modifying “organizational entities within the Department as may be necessary or appropriate,” 20 U.S.C. § 3473(a). Under counts alleging constitutional violations, ultra vires (acts outside of statutory authority), and violations of the Administrative Procedure Act, the states move the Court to vacate efforts to “dismantle” the DOE, to declare them illegal, and to enjoin the RIF.
| 2025-03-13 | | Executive Action: Termination of Inspectors General |
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Storch et al. v. Hegseth et al. (D.D.C.)
Case No. 1:25-cv-00415 | Complaint | 2025-02-12 | Overview: Eight Inspectors General of federal departments and agencies sued the Trump Administration alleging their removal from positions as Inspectors General violated the Inspector General Act and asking the court to allow them to continue in their roles while the case proceeds. A federal judge reportedly told the Inspectors General to withdraw their request to continue in their roles while the case proceeds.
Case Summary: On Jan. 24, 2025, the White House sent two-sentence emails to several Inspectors General (IGs) of federal departments and agencies informing them that they had been terminated from their positions. Plaintiffs, eight IGs, subsequently lost access to their government email accounts and computer systems, and were barred from entering their offices, among other actions. They filed suit, arguing their removal violates the Inspector General Act, which requires Congressional notification 30 days before an IG is removed and substantive, case-specific rationale for removal. The suit also argues defendants’ actions are ultra vires; and that plaintiffs are entitled to a writ of mandamus compelling defendants not to obstruct them in the exercise of their duties. They seek a declaratory judgment that the termination emails are legally ineffective and that plaintiffs remain lawful IGs in their agencies; and an injunction to prevent defendants from taking action to prevent plaintiffs from carrying out their duties as IGs.
Update 1: On Feb. 14, the judge reportedly told lawyers representing the fired inspectors general to withdraw their motion for a temporary restraining order. | 2025-02-14 | | Executive Action: Large-scale reductions in force (Executive Order 14210) |
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National Treasury Employees Union v. Donald Trump (D.D.C.)
Case No. 1:25-cv-00420 | Complaint | 2025-02-12 | Overview: Multiple unions have challenged President Donald Trump’s executive order (EO) to reduce the federal workforce by stripping thousands of civil service members of their employment protections, allowing them to be fired without cause. The unions argue that mass firings, the “deferred resignation” program, and preparations for large-scale reductions in force (“RIFs”) violate the Constitution and federal law. The unions have asked the court to declare these actions unlawful and stop agencies from implementing the RIFs and deferred resignation program.
Case Summary: On Feb. 11, 2025, President Trump issued an executive order instructing agency heads to “undertake preparations to initiate large-scale reductions in force (RIFs).” Plaintiffs allege that the executive order, along with the Office of Personnel Management’s “deferred resignation program,” violates separation of powers principles by undermining Congress’s authority, and the Administrative Procedure Act by imposing RIFs contrary to regulations. They seek a declaration that mass firings and the deferred resignation program are unlawful, along with injunctions to prevent agency heads from implementing RIFs and OPM from extending, expanding, or replicating its deferred resignation program. | 2025-02-12 | Maryland et al. v. U.S. Department of Agriculture et al. (D. Md.)
Case No. 1:25-cv-00748-ABA | Complaint | 2025-03-06 | Case Summary: On Feb. 11, 2025, President Trump issued an executive order instructing agency heads to “undertake preparations to initiate large-scale reductions in force (RIFs).”
Plaintiff States allege that Defendant agencies violated the Administrative Procedure Act by not abiding by the necessary statutory and regulatory requirements for RIF procedures including a required 60-day notice to states and employees; and on ground that the procedures adopted were arbitrary and capricious. They seek declaratory and injunctive relief requiring the Defendant agencies to 1) cease the RIFs of probationary employees; 2) reinstate any employees who were fired as part of the mass terminations that followed President Trump’s second inauguration; 3) refrain from separating any employees pursuant to a RIF prior to reinstatement of the unlawfully terminated employees; and 4) conduct any future RIFs in accordance with applicable law, including providing advance notice to States. | 2025-03-06 | | Executive Action: Termination of probationary employees |
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American Federation Of Government Employees, AFL-CIO v. Office of Personnel Management and Ezell (N.D. Cal.)
Case No. 3:25-cv-01780 | Complaint (Feb. 19, 2025); Amended Complaint (Feb. 23, 2025) | 2025-02-19 | Overview: A group of labor and nonprofit organizations are challenging the Office of Personnel Management’s (“OPM”) order to terminate federal employees en masse. The organizations argue that the terminations have falsely cited performance reasons and violate the Constitution and federal law. The organizations also argue that the OPM has violated federal law by sending emails to employees requesting weekly updates on their work; Elon Musk further stated that failure to comply would be considered a resignation. The organizations have asked the court to declare the mass termination unlawful, void the mass termination order, and rescind unlawful terminations made so far.
Case Summary: On Feb. 13, 2025, the Office of Personnel Management and Acting Director Charles Ezell ordered federal agencies to terminate tens of thousands of probationary employees en masse. Probationary employees are members of the competitive service in their first year of employment or of the excepted service in their first two years of employment, and may also include long-time federal workers who have recently been employed in a new position or a new agency.
Among the factual claims, Plaintiffs allege that Defendants sent agencies “standardized notices of termination, drafted by OPM, that falsely state that the terminations are for performance reasons.” Plaintiffs allege that the mass termination violates multiple requirements under the Administrative Procedure Act and separation of powers principles by overriding Congressional statutes authorizing and regulating agency hiring and firing. They seek a declaration that the mass termination is unlawful and a preliminary or permanent injunction setting aside OPM’s order, ceasing terminations pursuant to the order, and rescinding any prior unlawful terminations.
Update 1: On Feb. 23, Plaintiffs filed an amended complaint alleging that OPM further violated the APA by sending emails to government employees requesting updates on their week-to-week accomplishments and Musk’s stating that “[f]ailure to respond will be taken as a resignation.”
Update 2: On Feb. 27, Judge William Alsup reportedly ruled from the bench that OPM had no legal authority to issue directives for other agencies to fire probationary employees. Alsup noted that, due to jurisdictional issues, his order applies only to employees at six agencies (the National Park Service, National Science Foundation, Small Business Administration, Bureau of Land Management, and Department of Veterans Affairs, and Department of Defense), and that he could not directly order agencies to cease the firings. As for other agencies not covered, Alsup said, “I am going to count on the government to do the right thing, and to go a little bit further than I have ordered, and to let some of these agencies know what I have ruled.”
Update 3: On Feb. 28, Judge Alsup issued an Opinion and a written Order for a TRO. The Order states that OPM’s memos directing the termination of probationary workers were “unlawful, invalid, and must be stopped and rescinded,” and that OPM must provide written notice of the order to the six agencies. | 2025-02-28 | | Executive Action: Assertion of Executive Control of Independent Agencies (Executive Order 14215) |
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Democratic National Committee v. Trump (D.D.C.)
Case No. 1:25-cv-00587 | Complaint | 2025-02-28 | Case Summary: On Feb. 18, 2025, President Trump issued an executive order asserting that the Constitution vests all executive authority in the President, arguing that independent regulatory agencies exercise executive functions, and declaring the administration’s policy that such agencies fall under the supervision and control of the President. Such supervision and control requires independent agencies to abide by the President and Attorney General’s interpretations of the law. Plaintiffs, three national committees of the Democratic Party, filed suit as to how the order applies to the Federal Election Commission, an independent regulatory agency. They ask the court under the judicial review provisions of the Federal Election Campaign Act (FECA) to construe as constitutional the provisions of the Act that vest members of the Commission with authority to interpret it (rather than the President); and they argue the order violates the FECA. They seek declaratory judgment that the FECA is constitutional and that the executive order is unlawful as applied to the FEC; and they seek preliminary and permanent injunctive relief. | 2025-02- |
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