Filing Comes as Court Directs Acting SSA Commissioner to Appear at Tuesday Hearing

Baltimore, MD – Democracy Forward has submitted two filings in its litigation on behalf of a coalition of unions and retirees challenging the ongoing, unlawful access to sensitive personal data by Elon Musk’s so-called “Department of Government Efficiency” (DOGE) at the Social Security Administration (SSA).

Today, a new filing raises concerns in response to recent, troubling reporting that the SSA is operating in potential violation of the current court order and potentially exposing individuals to harm through unlawful data access and misuse. The New York Times report found that a DOGE employee sent SSA leadership a list of over 6,300 individuals identified by homeland security officials for placement on SSA “death master file” — a move reportedly intended to pressure immigrants to “self-deport” by cutting off access to federal benefits. The reported conduct directly violates the court’s existing temporary restraining order (TRO) and the Privacy Act, and contradicts SSA’s own statements that DOGE employees no longer have access to systems that contain personally identifiable information.  

In response, the plaintiffs are asking the court to expand the scope of next Tuesday’s hearing and allow the submission of additional evidence to address these developments. 

Last night, in their reply in support of their preliminary injunction, plaintiffs elevated previously raised concerns about the use of unproven and potentially dangerous artificial intelligence (AI) tools by DOGE employees at SSA. The filing includes a new declaration from USDS co-founder Erie Meyer, which highlights concerns with DOGE’s potential use of “Grok” at SSA and details the risks associated with unapproved AI.

“This President continues to engage in lawless behavior, violating the law and abusing our systems of checks and balances. We will continue to shine a light on these abuses of power and use every legal tool available to protect people and their privacy,” said Skye Perryman, President & CEO of Democracy Forward.

The filings are the latest in the lawsuit brought on behalf of the American Federation of State, County, and Municipal Employees (AFSCME), the American Federation of Teachers (AFT), and the Alliance for Retired Americans (ARA) and an emergency motion for a temporary restraining order filed last month. 

District Court Judge Ellen Lipton Hollander today directed acting-SSA Commissioner Leland Dudek to appear at a previously scheduled preliminary injunction hearing on Tuesday, April 15th, to offer witness testimony. 

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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.