Washington, D.C. – A federal judge has allowed labor and economic organizations represented by Democracy Forward to challenge Elon Musk’s so-called “Department of Government Efficiency’s” (DOGE) unlawful access to sensitive data at three federal agencies. The ruling was issued last night in AFL-CIO et al. v. Department of Labor and denies the government’s attempt to dismiss the case. 

The opinion states that the case against DOGE (formerly U.S. Digital Service), Department of Labor, Department of Health and Human Services, and Consumer Financial Protection Bureau can proceed because those agencies may have violated the Administrative Procedure Act (APA) by granting DOGE access to Americans’ sensitive data, and because DOGE may be exercising unlawful authority at the three agencies. 

The lawsuit was brought by Democracy Forward on behalf of the American Federation of Labor and Congress of Industrial Organizations, American Federation of Government Employees, American Federation of State, County and Municipal Employees, Service Employees International Union, Communication Workers of America, Economic Policy Institute, Virginia Poverty Law Center, AFT – American Federation of Teachers, and Economic Action Maryland Fund. 

“The American people deserve to know what is happening behind closed doors as Elon Musk and his DOGE staff hide in the shadows, create chaos and make decisions that dramatically affect the lives of millions of families,” said Skye Perryman, President and CEO of Democracy Forward. “We are pleased that the labor and economic organizations who are standing up for the rights of people and the rule of law will get to have their day in court as this case proceeds.”

Since President Trump’s inauguration, DOGE has launched a sweeping campaign to access highly sensitive information systems, while working to dismantle and restructure multiple federal agencies unilaterally.

A copy of the complaint can be found here. 

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Democracy Forward is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org.