New York DOGE Treasury Department Access Challenge

State of New York v. Trump

Filed: February 7, 2025

Lawsuit filed by 19 states represented by Democratic attorneys general against President Donald Trump, the U.S. Department of Treasury and its secretary Scott Bessent challenging the recently-created Department of Government Efficiency’s (DOGE) access to Treasury Department data and payment systems. On Jan. 20, 2025, Trump signed Executive Order 14158 (EO 14158), which created DOGE — led by Elon Musk — to dismantle and restructure federal programs and services. The order also requires the head of each federal agency to establish a “DOGE team” of at least four employees, which would work alongside DOGE to advise agencies on how to implement Trump’s agenda. EO 14158 also orders agencies to provide unfettered access to all unclassified agency systems and records.

The plaintiffs claim that within a week of being sworn in, Bessent granted DOGE personnel full access to the Bureau of Fiscal Services’ data and information systems, which they assert contains highly sensitive personal and financial information of millions of Americans. The plaintiffs argue DOGE’s efforts and Bessent’s compliance violate the Administrative Procedure Act, Privacy Act and the U.S. Constitution. They ask the court to block DOGE’s access to the Bureau and Treasury Department’s records in compliance with federal law.

On Feb. 8, 2025, a federal judge issued an emergency order blocking the defendants, political appointees, special employees within the Treasury Department and all federal employees outside the Treasury Department from accessing this information.

On Feb. 9, the U.S. Department of Justice filed an emergency motion to dissolve or modify the emergency order.

On Feb. 11, the judge granted the defendants’ motion to modify the temporary restraining order. Political appointees, including the Secretary of the Treasury may access BFS data.

STATUS: On Feb. 21, the court granted plaintiffs’ motion for a preliminary injunction preventing DOGE from accessing payment records, payment systems and other personal information maintained by the Treasury department.