Monday’s order is another setback to the Trump administration and DOGE.
A federal judge blocked the Department of Government Efficiency (DOGE) from accessing sensitive personal information from several federal agencies, dealing another setback to the Trump administration’s attempts to slash federal programs.
In an order issued Monday, U.S. District Judge Deborah Boardman blocked DOGE, fronted by Elon Musk, from accessing information at the Department of Education, Department of the Treasury, and Office of Personnel Management (OPM). It means that those three agencies cannot disclose personally identifying information of plaintiffs who are part of a lawsuit challenging DOGE’s access.
“Those concerns are just as salient today,” Boardman wrote. “No matter how important or urgent the President’s DOGE agenda may be, federal agencies must execute it in accordance with the law. That likely did not happen in this case.”
Boardman then asserted that a presidential order to “maximize government efficiency” does not count, adding that DOGE’s access to the agency data may run against the federal Privacy Act and Administrative Procedure Act.
Previously, Boardman had issued a temporary restraining order against DOGE’s access at the three agencies. Monday’s order strengthens that decision into a preliminary injunction, meaning that her order will last until a final decision on the merits of the case is made.
The judge then told the Department of Education, the Treasury, and the OPM to not hand over any personal identifying information to DOGE officials or their affiliates.
Her order ruled in favor of six plaintiffs who filed the legal complaint. But five union organizations, which represent millions of people, also joined the lawsuit. They include the American Federation of Teachers, the International Association of Machinists and Aerospace Workers, the International Federation of Professional and Technical Engineers, the National Active and Retired Federal Employees, and the National Federation of Federal Employees.
Officials affiliated with DOGE were given access to systems that contain personal information, Boardman wrote, noting that it includes Social Security numbers, banking information, home addresses, dates of birth, and other data such as citizenship and marital status.
“Enacted 50 years ago, the Privacy Act protects from unauthorized disclosure the massive amounts of personal information that the federal government collects from large swaths of the public,” the judge wrote.
Since DOGE was created in January, the Education Department has made DOGE-advised cuts to contracts worth hundreds of millions of dollars. DOGE has also been involved in OPM efforts to slash the federal workforce. It also has accessed systems operated by the IRS, said U.S. Treasury Secretary Scott Bessent.
In court papers, lawyers for the Department of Justice (DOJ) argued on behalf of the government that the plaintiffs had lacked the legal standing to file the lawsuit and “are unlikely to succeed on the merits” of their claims.
“Plaintiffs lack standing because they have not suffered any cognizable … injury” and have engaged only in speculation that “has not shown that they likely face imminent irreparable harm,” DOJ attorneys wrote.
Meanwhile, they argued, “the equities and the public interest support permitting the government to exercise its lawful authority to hire employees and give those employees access to systems as required for their job duties.”
Monday’s ruling is the second setback for DOGE in less than a week. A judge in Maryland temporarily blocked the organization from accessing Social Security information, arguing that it could pose a risk to Americans’ privacy.
That prompted comments from acting Social Security Administrator Lee Dudek that the judge’s order may cause the shutdown of his agency. However, he later took back his statements and said the agency wouldn’t be shutting down after all, noting a letter that was sent by the judge to clarify the decision.