A federal judge Monday evening declined to block Elon Musk’s Department of Government Efficiency (DOGE) from gaining access to Education Department data on student borrowers.
U.S. District Judge Randolph Moss ruled that the University of California Student Association (USCA), which brought the lawsuit, had not shown sufficient irreparable harm to receive such immediate relief.
“Because the Court concludes that UCSA has failed to clear that essential hurdle, the Court’s analysis also ends there,” wrote Moss, who was appointed by former President Obama.
“The Court leaves for another day consideration of whether USCA’s has standing to sue and has stated a claim upon which relief may be granted. Those questions are less clear cut and are better answered on a more complete record,” Moss continued.
Musk’s DOGE has moved rapidly since President Trump’s inauguration to install employees at federal agencies with an aim of cutting trillions of dollars in government spending, quickly drawing legal challenges.
The student government raised alarm that Musk’s team would be able to access students’ personal data, including tax information, submitted to the Education Department as part of federal financial aid applications. The lawsuit claims the access violated federal privacy laws.
“ED and DOGE staffers are obligated to use UCSA members’ information for lawful purposes within the mission of the Department of Education and to keep it confidential, in accordance with the Privacy Act, tax laws, and other federal law,” Moss noted in his ruling.
The Hill has reached out to Public Citizen, a left-leaning consumer advocacy group that represents the plaintiffs, for comment.
Moss’s decision comes days after another judge declined to immediately block DOGE from accessing systems at the Labor Department, Department of Health and Human Services and the Consumer Financial Protection Bureau.
But under yet another judge’s ruling, DOGE personnel are blocked from accessing critical Treasury Department payment systems that are used to dole out trillions of dollars per year.
A judge is also set to rule soon on whether to block DOGE from accessing systems at seven federal agencies.
In that case, Joshua Fisher, the director of the White House administration office, submitted a sworn declaration earlier Monday that Musk is a senior adviser to the president.
“He is not an employee of the U.S. DOGE Service or U.S. DOGE Service Temporary Organization. Mr. Musk is not the U.S. DOGE Service Administrator,” Fisher wrote.
