Little Clarity on Legality of Trump’s Foreign Aid Shutdown One Year After
Foreign Policy
by Rachel OswaldFebruary 23, 2026
AI-Generated Deep Dive Summary
One year after U.S. President Donald Trump abruptly closed several foreign aid agencies, questions remain about the legality of his actions under U.S. law. The shutdown, which included the firing of over 10,000 USAID employees and contractors, has led to numerous lawsuits from affected individuals and organizations. Despite ongoing legal challenges, many cases face hurdles such as standing, jurisdiction, and technical legal issues, leaving much unresolved.
Trump's move, reportedly supported by his former advisor Elon Musk, aimed to dismantle the U.S. Agency for International Development (USAID) and other foreign affairs entities, including the U.S. Institute of Peace and the National Endowment for Democracy. These actions have drawn criticism for bypassing Congress, which traditionally controls federal spending and policy. While Trump's administration argued that these steps were administrative reorganizations, critics view them as an overreach of executive power.
Congress has largely avoided taking a strong stance in the legal battles. Republican leaders in both chambers have occasionally criticized Trump's actions but have not actively challenged them. Instead, they have passed spending bills with smaller funding cuts than those proposed by the White House. Democrats, currently sidelined in leadership roles, are focusing their efforts on the upcoming midterm elections.
The prolonged legal battles highlight weaknesses in the U.S. justice system regarding the enforcement of democratic principles like separation of powers and due process. Plaintiffs, including labor unions and civil society groups, have faced delays in seeking redress, drawing attention to systemic vulnerabilities. Legal experts suggest that earlier intervention by Congress or the judiciary could have prevented significant harm.
This issue underscores the delicate balance between executive authority and legislative oversight, essential for maintaining democratic checks on power. The outcome of these
Verticals
politicsinternational
Originally published on Foreign Policy on 2/23/2026