The Trump administration is reportedly destroying classified employee documents at the U.S. Agency for International Development (USAID) containing personnel information essential for rehiring unlawfully terminated federal workers. Labor groups have filed an emergency motion for a temporary restraining order to halt the destruction of these records, citing ongoing litigation that may require the agency to reinstate affected employees.
The plaintiffs, including two government employee unions, argue that this destruction could lead to immediate and irreparable harm by eliminating key records relevant to the case. They claim that officials are actively shredding and burning documents with potential pertinence to the litigation.
A lawsuit was filed last month by the unions, led by the American Foreign Service Association, alleging that the administration’s actions exceed presidential authority and violate the constitutional separation of powers. On the day the lawsuit was filed, a U.S. District Judge issued a limited temporary restraining order preventing USAID from placing employees on administrative leave or expediting their removal from overseas posts. However, a subsequent ruling lifted the order and denied a request for a preliminary injunction.
Concerns over document destruction arose after an email from USAID’s acting executive secretary reportedly directed officials to shred as many documents as possible and use burn bags when shredders were unavailable. The directive allegedly instructed staff to clear classified safes and personnel documents from the agency’s Washington, D.C. headquarters.
The plaintiffs argue that this large-scale destruction violates records retention obligations and undermines the ongoing lawsuit. If the agency is required to reinstate terminated employees, personnel records containing identification and contact details will be critical for the rehiring process.
Union lawyers have sought information from the administration and the Justice Department about the alleged document destruction. The Justice Department indicated that it was investigating the matter, but the plaintiffs insist immediate legal action is necessary to prevent further loss of records.
As of Tuesday evening, the judge had not yet responded to the motion.
The USAID case is part of broader legal challenges against the administration’s foreign aid policies. Various organizations that had contracts or received grants from the State Department and USAID have contested an executive order that froze all foreign aid funding. These groups argue that the order was an unconstitutional overreach of executive power that disregarded congressional authority and posed serious humanitarian risks.
A federal judge recently ruled that the administration must release nearly $2 billion in foreign aid funds, declaring that the freeze was an unlawful impoundment of funds allocated by Congress.