WASHINGTON (TNND) — A federal judge, who was appointed by President Trump in 2019, has paused Trump's plan to place thousands of USAID employees on leave. This move leaves the agency's future in the hands of the court after a lawsuit was filed by the American Foreign Service Association. The move comes amid legal questions about the president's authority to abolish the agency without congressional approval.

According to a report by the Congressional Research Service (CRS), USAID was established by Congress as an independent agency within the executive branch.

Because Congress established USAID as an independent establishment (defined in 5 U.S.C. 104) within the executive branch, the President does not have the authority to abolish it; congressional authorization would be required to abolish, move, or consolidate USAID,

The CRS, a nonpartisan research agency that provides policy analysis and legal research for Congress, clarified that any move to abolish USAID would require Congress to pass a bill amending the Foreign Assistance Act of 1961 with a simple majority in both the House and Senate. The Administrative Procedure Act of 1946 outlines the structure of federal agencies, ensuring that agencies created by Congress cannot be abolished or significantly altered without congressional approval.

President Trump said, in a post on Truth Social, that there is rampant corruption and fraud within USAID. When questioned by CNN about his power to abolish the agency, he suggested that due to the alleged fraud, he might have the authority to do so. Ultimately, the question of legality surrounding Trump's authority will be decided by a judge.

Historically, the president had temporary authority to reorganize USAID, but that power expired in 1999, according to the CRS. "In that act, Congress provided the President with temporary authority to reorganize the agency (22 U.S.C. 6601). President Clinton retained the status of USAID as an independent entity, and the authority to reorganize expired in 1999," the CRS report noted.

The debate over Trump's decision has also sparked discussions about the impact of USAID on underprivileged countries worldwide. The last time a federal agency was abolished was in 1995 when Congress voted to shut down the Interstate Commerce Commission (ICC), a process that took about four years to complete. Most ICC employees were transferred to the new Surface Transportation Board, which assumed many of the ICC's responsibilities.