The Trump administration is reportedly destroying critical employee documents at the U.S. Agency for International Development (USAID). These records, which contain personnel information, are vital for rehiring federal workers who were unlawfully fired. This destruction is ongoing, according to court filings from labor groups suing the president.
The filing states, “Plaintiffs file this emergency motion for temporary restraining order to stop Defendants’ imminent and ongoing destruction of evidence.”
The plaintiffs, two government employees unions led by the American Foreign Service Association, argue that the Trump administration is illegally shredding and burning documents that could be important for the lawsuit.
“Defendants are, as this motion is being filed, destroying documents with potential pertinence to this litigation,” the groups claim. “Plaintiffs will suffer immediate, irreparable injury should the agency continue to destroy records.”
Last month, the unions filed a lawsuit accusing Trump and his agency heads of taking actions that violate the Constitution by exceeding presidential power and interfering with the legislative branch’s authority.
On February 7, U.S. District Judge Carl Nichols issued a temporary restraining order (TRO) to stop the government from placing USAID employees on administrative leave or quickly evacuating them from overseas. However, the judge did not block a 90-day pause on foreign aid funding.
On February 21, the TRO was lifted, and the unions’ request for a preliminary injunction was denied. The situation remained unchanged until this week when the unions filed an urgent motion to stop the shredding and burning of critical employee records. This came after an email from USAID’s acting executive secretary, Erica Carr, allegedly directed staff to destroy documents immediately.
According to the motion, Carr’s email said: “Shred as many documents first, and reserve the burn bags for when the shredder becomes unavailable or needs a break.”
The unions argue that this email shows a large-scale effort to destroy records quickly, without following proper guidelines on document retention. “The ‘classified’ and ‘personnel’ documents being destroyed contain information that will be crucial for the continued operation or possible reconstitution of the agency,” the motion said. The destruction of these documents could prevent the agency from rehiring employees who were wrongfully terminated, as the personnel records contain essential contact information.
The unions also sought information from the Department of Justice about whether the document destruction was ongoing. The DOJ confirmed it is investigating, but the plaintiffs argued that they could not wait for a resolution. “Immediate injunctive relief is necessary to halt this destruction,” the motion states.
As of Tuesday evening, U.S. District Judge Carl Nichols had not yet issued a ruling on the motion.
This case is part of a larger legal battle over Trump’s executive order freezing foreign aid funding. Organizations involved in foreign aid have sued the administration, arguing that the freeze is unconstitutional and harmful, especially to vulnerable populations in need of aid. A federal judge recently ruled that the Trump administration must release nearly $2 billion in foreign aid, which had been frozen earlier this year.
You can read the court filing below or at Documentcloud.
