U.S. District Court Judge Deborah L. Boardman issued a temporary restraining order blocking Elon Musk's Department of Government Efficiency (DOGE) and other government agencies from accessing sensitive personal information from the Department of Education.
The Monday ruling came after the American Federation of Teachers sued Treasury Secretary Scott Bessent to prevent his agency from disclosing the information on personnel — including union members and student aid recipients.
"The plaintiffs allege that the agencies unlawfully granted access to records that contain their personally identifiable information ('PII') to personnel implementing the President's Executive Orders on the DOGE agenda," the judge wrote. "Upon consideration of the amended complaint, the TRO briefing, the limited record evidence, oral argument, and the recent decisions of other courts in similar cases, the Court finds that the plaintiffs have met their burden for the extraordinary relief they seek."
The judge argued that the plaintiffs "have shown a likelihood of success on the merits of their APA claim that Education and OPM took final agency actions' not in accordance with law.' Specifically, the plaintiffs have shown that Education and OPM likely violated the Privacy Act by disclosing their personal information to DOGE affiliates without their consent."
The Office of Personnel Management (OPM) was also barred from sharing the information with DOGE employees.
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"The plaintiffs have shown a likelihood of success on the merits of their claim that OPM's disclosure of their records to DOGE affiliates... does not fall within the need-to-know exception and thus violates the Privacy Act," Boardman explained.
A follow-up hearing was scheduled for Feb. 26.
