Motion for Preliminary Injunction Filed in AFL-CIO et al. v. Department of Labor et al. 

Washington, D.C. – The labor and economic organizations challenging access to sensitive data by Elon Musk’s so-called “Department of Government Efficiency” (DOGE) at the Department of Labor (DOL), Department of Health and Human Services (HHS), and Consumer Financial Protection Bureau (CFPB) have filed a new motion asking a judge to issue an injunction pausing unlawful access to data at the agencies. 

Last night’s filing includes new information obtained through depositions conducted by Democracy Forward with DOGE and agency personnel. This is the first case to obtain discovery into DOGE’s data access at agencies, which showed that agencies are being forced to provide DOGE unfettered access and ignore the protections they have in place to protect Americans’ sensitive records.

The case – AFL-CIO et al. v. Department of Labor et al – 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.

“Elon Musk and DOGE staff are accessing sensitive data that he could unlawfully profit from. It is a serious violation of the public’s trust to allow this breach to continue,” said Aman George, Senior Counsel at Democracy Forward. “We are grateful for the labor and economic organizations who fight every day for the rights of people and the rule of law and we are hopeful that the court will immediately stop DOGE’s access to data while the case proceeds.”

The motion for preliminary injunction comes days after a ruling that denied the government’s attempt to dismiss the case while allowing the challenge against DOGE, DOL, HHS and CFPB to 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. 

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. Democracy Forward will continue to address these unlawful actions at agencies across the federal government, in service to the American people and our democracy.

The memo in support of the motion for the preliminary injunction is here, and the amended 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.