New York Attorney General Letitia James and a coalition of Democratic attorneys general have filed a motion to block President Donald Trump’s executive order to dismantle the U.S. Department of Education.
James and the attorneys general argue that the move is illegal and unconstitutional.
The motion for a preliminary injunction, filed on Monday, March 23, 2025, seeks to prevent mass layoffs and the transfer of key educational responsibilities, including student loan management and special education services, outside the department.
The legal challenge follows a March 13 lawsuit filed by 21 Democratic attorneys general in Massachusetts federal court, which claims that the executive order violates federal law.
James: “Trump’s Cuts Are an Attack on Our Students”
James, a vocal critic of Trump, took to X (formerly Twitter) to denounce his administration’s latest efforts to close the federal education agency, stating:
“The Trump administration’s illegal cuts to the Department of Education are an attack on our educators, our schools, and our students. We sued to stop Trump from dismantling the Department of Education, and today we are seeking a court order to protect students and their families. As a proud product of New York public schools, I will continue to defend our schools and all those who depend on them.”
The legal filing argues that Trump’s executive order, signed on Thursday, exceeds his authority, as the President cannot unilaterally eliminate a federal agency created by Congress.
The motion cites the Administrative Procedures Act, claiming that mass layoffs at the department are “arbitrary and capricious” and fail to follow legally required processes.
Trump’s Plan to Shut Down the Department of Education
Trump, in defense of his move, stated that education decisions should be returned to the states. Speaking on Thursday, he doubled down on his position:
“Beyond these core necessities, my administration will take all lawful steps to shut down the department. We’re going to shut it down and shut it down as quickly as possible. It’s doing us no good. We want to return our students to the states, where just some of the governors here are so happy about this. They want education to come back to them, to come back to the states and they’re going to do a phenomenal job.”
Under Trump’s plan, the Small Business Administration (SBA) would oversee the federal student loan portfolio, while the Department of Health and Human Services (HHS) would take over special needs education programs and school nutrition programs.
Legal and Political Ramifications
James’ latest challenge against Trump follows a history of legal battles between the two.
The New York Attorney General previously sued Trump in 2022 over civil fraud allegations, resulting in a $500 million judgment against the former president.
The legal fight over the Department of Education’s future could have sweeping consequences for millions of students, educators, and families nationwide. Education Secretary Linda McMahon attempted to reassure the public, stating:
“Closing the Department does not mean cutting off funds from those who depend on them—we will continue to support K-12 students, students with special needs, college student borrowers, and others who rely on essential programs. We’re going to follow the law and eliminate the bureaucracy responsibly by working through Congress to ensure a lawful and orderly transition.”
With the motion now before the courts, the future of federal education policy under a potential Trump second term remains uncertain.