Michigan among states suing to stop Trump administration over Education Department cuts

• The U.S. Department of Education announced layoffs of more than 1,300 employees this week.
• The moves are a step from the Trump administration to wind down the department's influence on education in the U.S.

Michigan is among the states suing the Trump administration over moves made by the White House to wind down the U.S. Department of Education, including cutting more than 1,300 Education Department jobs Tuesday.

Michigan Attorney General Dana Nessel has signed onto a lawsuit against President Donald Trump, the Department of Education (DOE) and U.S. Education Secretary Linda McMahon. Since returning to the White House in January, the Trump administration has aggressively sought to reduce the number of federal government employees. The DOE has been a longstanding target for some conservatives, and Trump is reportedly considering eliminating it altogether. McMahon said in a Tuesday statement the job cuts were a shift toward "restoring the greatness of the United States education system.” 

The lawsuit asks a federal judge to issue an injunction against the layoffs. Nessel and 20 other Democratic attorneys general argue the Trump administration does not have legal authority to wind down the DOE, since the department was formed by Congress and would need congressional approval to be dissolved.

A 53-page complaint filed in the U.S. District Court for Massachusetts also states the DOE remains vital to providing educational resources throughout the country, and students would be harmed if the DOE were allowed to be effectively shuttered.

"Because neither the President nor his agencies can undo the many acts of Congress that authorize the Department, dictate its responsibilities, and appropriate funds for it to administer, the President’s directive to eliminate the Department of Education ... is an unlawful violation of the separation of powers, and the Executive’s obligation to take care that the law be faithfully executed," the complaint states.

While the Trump administration has moved to drastically shift how the federal government functions since taking office, Democratic attorneys general, including Nessel, have tried to act as a bulwark — filing numerous lawsuits to block White House actions. Nessel has signed onto lawsuits and briefs to block the Trump administration from conducting mass layoffs of federal employees, withholding certain federal funding, halting work done by the Consumer Financial Protection Bureau and more.

McMahon and advocates for lessening the DOE's reach argue educational oversight should return to the states. In Michigan, local school districts have oversight over curriculum, local budgets and other decisions, the Free Press reported this week, while the DOE oversees discrimination investigations in educational institutions, federal funding for vulnerable students and students with disabilities, national testing and more.

According to the DOE, when Trump was inaugurated in January, the department had 4,133 workers. After job cuts and voluntary layoffs, the department's workforce totaled "roughly 2,183 workers," department officials said. McMahon said the job cuts won't stop the DOE from carrying out certain obligations, including administering federal student loans, Pell Grants and funding for students with disabilities.

But educational advocates and the attorneys general who signed onto the lawsuit are concerned the job cuts will negatively affect students around the country. Nessel, in a statement, said, "(The) illegal action by the Trump Administration dismantles the Department of Education and leaves the nation rudderless to provide the necessary funding, support, and enforcement that all 1.4 million Michigan students rely upon. It’s dangerous, reckless, and unacceptable.” 

Along with asking a federal judge to block the layoffs, it also seeks an order to bar the DOE from implementing any Trump administration order that would "dismantle" the department.

Free Press staff reporter Lily Altavena contributed with prior reporting.

Contact Arpan Lobo: alobo@freepress.com