Last week, a federal court in the District of Columbia found that the Department of Government Efficiency, known as “DOGE,” is subject to public oversight through the Freedom of Information Act (FOIA). The decision is a victory for government transparency and democracy as a whole, as it requires that records created by DOGE such as emails be made available to the public when requested under FOIA.
DOGE, a government entity created by the Trump administration and led by Elon Musk, was tasked with overseeing efforts to, as President Trump put it, “dismantle government bureaucracy, slash excess regulations, cut wasteful expenditures, and restructure federal agencies.” DOGE has done that, and then some. Reports surfaced that the Musk-led budget cuts decimated entire government agencies, such as the U.S. Agency for International Development. Images of Musk yielding a chainsaw to epitomize what he would do to the federal bureaucracy symbolize his approach.
Given the power yielded by DOGE, public scrutiny of its actions is crucial to accountability. Citizens for Responsibility and Ethics in Washington (CREW) filed a request for DOGE’s records under FOIA, but DOGE did not respond to the request, claiming that the entity had been established to advise the president and as such, it was not subject to FOIA. CREW then filed a lawsuit to compel DOGE to produce the records requested.
In CREW v. U.S. DOGE Service, the Court held that DOGE is in fact an agency of the government subject to FOIA. The Court highlighted that the key question was whether the agency has substantial authority to make decisions independently of the president or whether the agency’s sole function is to advise and assist the president.
In finding that DOGE qualifies as an agency under FOIA, the Court relied mainly on two factors. The first was the explicit wording of the executive order establishing DOGE, which gave the agency the power to “implement” this aspect of the Trump administration’s agenda. The second factor was how DOGE wielded this power. For example, DOGE initiated the “Fork in the Road” email to federal employees offering a “deferred resignation” from their jobs.
Impact on Immigration Transparency
The Court’s decision that DOGE is subject to FOIA requirements means that transparency advocates and the public at large have the right to access records produced by DOGE. Watchdog organizations have filed numerous requests for such records under FOIA, and this decision clarifies that DOGE, like other federal agencies, must answer to the people it serves and cannot act in secrecy. This week, Democratic members of the House filed a FOIA request to obtain greater transparency of DOGE’s activities. Immigration advocates will benefit from knowing how DOGE is communicating with agencies that execute our country’s immigration laws like the U.S. Department of Homeland Security (DHS), U.S. Department of Justice—which oversees the nation’s immigration courts—and U.S. Department of State.
Adequate staffing at these agencies is crucial to providing timely services. For example, reports suggest that DOGE terminated roughly 50 employees from U.S. Citizenship and Immigration Services (USCIS), the component at DHS that adjudicates applications for immigration benefits like green cards and family-based visa petitions. Staffing cuts can delay access to benefits to which immigrants are entitled under the law. These delays can contribute to the “invisible wall” (a term used during the first Trump administration referring to changes in the processing of applications for visas and other immigration benefits that have the effect of restricting immigration) that virtually prohibits immigrants from completing their immigration processes. Scrutiny of DOGE’s plans to restructure agencies such as USCIS is vital to the public’s understanding of this administration’s overall impact on immigration.
Additionally, agencies implementing the nation’s immigration laws have oversight components that often publish information about the agencies’ performance and adherence to standards. In the past, components such as DHS’ Office of Civil Rights and Civil Liberties (CRCL) or DHS’ Office of the Immigration Detention Ombudsman (OIDO) have provided a modicum of oversight by investigating DHS’ actions that violate individuals’ rights. The Trump administration has moved quickly to curb oversight efforts, firing several independent inspectors general whose offices were established to ferret out agency waste. The public must have information in case DOGE plans to decimate offices like CRCL or OIDO because these resources provide useful information to those seeking systemic reform.
Finally, DOGE’s adherence to FOIA will help the public scrutinize its effectiveness. Reports indicate that DOGE has committed accounting errors that have inflated its impact. DOGE claimed that cutting a U.S. Immigration and Customs Enforcement contract for support services for the agency’s Office of Diversity and Civil Rights saved the government $8 billion. In reality, the contract was only for $8 million.
DOGE is having a major impact on the structure of the federal government, which trickles down to individuals who rely on government services. Immigration is no exception, as budgetary cuts to key agencies can grind the immigration system to a halt. The public has the right to know how DOGE is operating and what it plans to do. Thankfully, this decision by the District Court can help bring DOGE out of the darkness.
FILED UNDER: Trump administration
