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DOGE is making major changes to the federal government. Is it legal?

Elon Musk, left, and President-elect Donald Trump embrace at a rally ahead of the 60th Presidential Inauguration on Jan. 19, 2025, in Washington.
Alex Brandon
/
AP
Elon Musk, left, and President-elect Donald Trump embrace at a rally ahead of the 60th Presidential Inauguration on Jan. 19, 2025, in Washington.

An office empowered by President Trump to make major changes to the federal government is already moving quickly, but critics have questioned the legality of some of its actions.

The Department of Government Efficiency, or DOGE, was created by Trump via an executive order on his first day back in office. Trump put tech billionaire and adviser Elon Musk in charge and vowed to use the unit to cut government waste and slash federal regulations.

But DOGE is also drawing the ire of some Democrats and prompting multiple legal challenges.

Here's what you need to know.

What is DOGE, exactly?

Trump didn't create a new Cabinet-level department with DOGE, but rather renamed the previously existing United States Digital Service, which was created under former President Barack Obama.

That office launched in 2014 to improve the federal government's digital capabilities following the rocky rollout of the HealthCare.gov website.

Trump's order also moves the entity from the Office of Management and Budget to the Executive Office of the President, and directs it to modernize technology and software across the federal government.

Musk is in charge of the unit, and NPR has reported that several young engineers from Silicon Valley have joined his team.

Is it legal?

Some Democrats have condemned the wide latitude and access given to DOGE. On Monday, Senate Minority Leader Chuck Schumer said that "before our very eyes, an unelected shadow government is conducting a hostile takeover of the federal government."

DOGE was the subject of a lawsuit filed on the day it was created by a group of organizations questioning the legality of the new entity, including the consumer advocacy group Public Citizen, the State Democracy Defenders Fund and the American Federation of Government Employees, a union representing around 800,000 government workers.

The plaintiffs argue that DOGE is a kind of advisory committee that should be subject to certain federal rules, including transparency requirements.

According to White House press secretary Karoline Leavitt, Musk is what's known as a "special government employee," a temporary appointment that allows him to work for 130 days per year. That means he's subject to different ethics and disclosure rules than regular federal employees.

The White House did not immediately respond to a request seeking more information about DOGE.

What is DOGE working on?

Musk has said that DOGE is already working on shutting down USAID, the American government's main humanitarian and development aid agency.

The decision to scrutinize the six-decade-old organization — which Musk said he made with Trump's approval — was welcomed by some Republicans but received pushback from Democrats.

Rep. Jamie Raskin, a Democrat from Maryland, told NPR that the Trump administration would need Congressional approval to close down USAID.

DOGE also has access to a Treasury Department payment system the government uses to cut checks to everyone from Social Security beneficiaries to government contractors.

That move prompted another lawsuit from advocacy groups and unions alleging that DOGE's access to the Treasury database violates federal privacy laws.

On Monday, Trump said Musk has "got access only to letting people go that he thinks are no good, if we agree with him."

"Elon can't do and won't do anything without our approval. And we'll give him the approval where appropriate, where not appropriate we won't," Trump said. "Where we think there's a conflict or a problem, we won't let him go near it."

DOGE employees are also working with the Trump administration on potentially drastic cuts to the Department of Education, NPR has reported.

Stephen Fowler, Bobby Allyn and Shannon Bond contributed reporting.

Copyright 2025 NPR

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