Federal Court to Decide Fate of US African Development Foundation/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ The U.S. African Development Foundation (USADF) is contesting the Trump administration’s efforts to dismantle it, citing overreach by the Department of Government Efficiency (DOGE). A federal judge has temporarily halted the administration’s actions, with a court hearing scheduled to determine the agency’s fate.
USADF’s Legal Struggle: Quick Looks
- Agency’s Mission: Established in 1980, USADF funds African-led initiatives to alleviate economic and social challenges in marginalized communities.
- Executive Order: President Trump issued an order targeting USADF and three other agencies for closure to reduce federal government size.
- Legal Action: USADF President Ward Brehm filed a lawsuit against the administration, claiming the attempted takeover violates federal law and the Constitution.
- Temporary Injunction: U.S. District Judge Richard J. Leon issued a temporary order preventing the administration from replacing USADF’s leadership until a formal hearing.
- Precedent Concerns: Similar actions led to the dissolution of the Inter-American Foundation, raising concerns about the future of independent agencies.
Federal Court to Decide Fate of US African Development Foundation
Deep Look:
The U.S. African Development Foundation (USADF), a federal agency dedicated to supporting African-led initiatives, is embroiled in a legal battle to prevent its dissolution by the Trump administration. Established by Congress in 1980, USADF has financed over 1,700 small enterprises and community-based organizations across Africa, aiming to alleviate economic and social challenges in marginalized communities.
In February 2025, President Donald Trump issued an executive order targeting USADF and three other agencies for closure, aligning with his agenda to reduce the federal government’s size. The Department of Government Efficiency (DOGE), led by Elon Musk, was tasked with executing this directive. Subsequently, DOGE staff attempted to access USADF’s Washington offices under the pretense of modernizing computer systems. However, USADF staff denied entry, suspecting an ulterior motive to dismantle the agency.
In response, Ward Brehm, USADF’s president, filed a lawsuit against the Trump administration, alleging that the attempted takeover violated the Appointments Clause and the African Development Foundation Act. The lawsuit contends that neither the President nor DOGE possesses the authority to unilaterally dissolve an agency established by Congress.
U.S. District Judge Richard J. Leon issued a temporary injunction, preventing the administration from replacing USADF’s leadership until a formal hearing. Judge Leon noted that significant statutory and constitutional issues are at stake, warranting careful judicial review.
This legal confrontation mirrors the recent dissolution of the Inter-American Foundation (IAF), another independent agency targeted by the administration. In that instance, DOGE installed Pete Marocco as the sole board member, leading to the cancellation of grants and staff layoffs. USADF’s lawsuit references this precedent, expressing concern over a similar outcome.
The crux of the legal debate centers on the extent of presidential authority to remove independent board members without cause. A nearly 90-year-old Supreme Court decision, Humphrey’s Executor, restricts such actions. However, recent rulings have expanded presidential removal powers, and the current conservative majority in the Supreme Court may be inclined to revisit this precedent.
As the legal proceedings unfold, USADF continues its operations, emphasizing the critical role it plays in fostering economic stability in fragile regions. The agency’s leadership warns that shutting down USADF could have ripple effects across the African continent and the United States, potentially undermining efforts to create safer, more resilient communities.
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