NY Dems call Trump’s plan to shut down the DOE “illegal” and “unconstitutional.”

While the nation anticipates an executive order from President Donald Trump to dismantle the Department of Education, New York Democrats sparked a debate about its legality. The White House says cutting wasteful government funding is “not a crime in a court of law.” 

Sen. Kristen Gillibrand, D-N.Y., and Gov. Kathy Hochul, D-N.Y., held a press conference at a Manhattan public school this week, calling Trump’s plans for the Education Department “illegal” and “unconstitutional.” The White House said the Democrats are “gaslighting” Americans. 

“Earlier this week, we learned that the Trump administration is drafting an executive order to shut down the Department of Education,” Gillibrand said on Sunday. “This would jeopardize thousands of New York jobs, and billions of dollars in federal funding for New York’s kids, teachers, families and schools. We’re here to show them that we are ready to fight for our kids, fight for our communities and fight for our schools.”

As Trump is expected to take steps this month to defund the Department of Education, Democrats began another week of Trump’s second term protesting the Department of Government Efficiency. The Trump administration dismissed the protests as an attempt “to recover from their embarrassing loss” in November. 

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“The Democrats have no plan on how to recover from their embarrassing loss, and it shows. Instead of working to become a party that focuses on the will of the people, they are hell-bent on keeping their heads in the sand and gaslighting on the widely supported mission of DOGE. Slashing waste, fraud, and abuse, and becoming better stewards of the American taxpayer’s hard-earned dollars might be a crime to Democrats, but it’s not a crime in a court of law,” White House principal deputy press secretary, Harrison Fields told Fox News Digital in a statement. 

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Gillibrand on Sunday reminded New Yorkers that dismantling the Department of Education would require congressional approval. 

“What he’s doing is illegal. It’s unconstitutional. It’s unconstitutional and illegal. It’s unconstitutional because Congress is the only body that is allowed to decide how the taxpayer dollars that New Yorkers send to Washington is spent.”

Hochul warned New Yorkers that they will pick up the tab if Trump shuts down the Department of Education.

“The largest part of your local property tax bill is your school taxes,” Hochul said. “If that money evaporates from the federal government, where are they going to go? This is going to hit homeowners and businesses, and I want them to be aware of this consequence.”

Hochul said defunding the Department of Education could deny students Pell Grants, a federally funded program that helps low-income students pay for college, and New York City’s public school nutrition programs, which provide free breakfast, lunch and after-school meals for students. Hochul urged New York Republicans to speak up in Washington for New York’s public school students. 

“This is an outrage,” Gillibrand added. “The Trump administration is stealing money from our kids, from our teachers and from our schools. These are New York tax dollars.” 

The New York Democrats said shutting down the Department of Education could cost New York’s 2.6 million students almost $1 billion annually. 

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Hochul and Gillibrand join a growing coalition of Democrats speaking out against Trump’s education plans. Democrats protested outside the Department of Education in Washington, D.C., on Friday, demanding an audience with acting Education Secretary Denise Carter. Carter is keeping Linda McMahon’s seat warm during her Senate confirmation process.