A coalition of nonprofit aid groups said Wednesday at an emergency hearing that the Trump administration’s “opaque and chaotic” 90-day pause on foreign aid had already “devastated” their operations — consequences they said justified a judicial order halting the administration’s sweeping executive order.
The aid groups filed suit Tuesday against President Donald Trump, Secretary of State Marco Rubio, Acting USAID Administrator Peter Marocco, Office of Management and Budget Director Russ Vought, the State Department, USAID, and OMB.
Stephen Wirth, an attorney representing the nonprofits, argued at Wednesday’s hearing that his clients’ “businesses are shuttering” while the administration sifts through its foreign aid priorities.
“Food is rotting,” Wirth said. “Medical supplies are expiring and community relationships that took decades to build are crumbling.”
Wirth and his co-counsel noted that the payment portal for government contracts and grants is “completely frozen,” preventing groups from completing projects that have already been appropriated funds.
Eric Hamilton, a Justice Department attorney, replied by arguing that the nonprofits’ lawsuit amounts to a “one-size-fits-all vehicle to litigate highly fact-dependent issues,” and that it should instead be addressed “case by case, contract by contract,” in contrast to the broad relief the plaintiffs are seeking.
Hamilton said waivers that have been put in place to rescue programs deemed to be critical to the “national interest” are sufficient to allow the 90-day pause to continue unimpeded — even through he acknowledged that “there might be some hiccups in implementing” the waivers.
A worker removes the U.S. Agency for International Development sign on their headquarters on Feb. 7, 2025, in Washington.
Kayla Bartkowski/Getty Images
“The policy we’re talking about is just a 90-day pause in funding,” Hamilton argued.
But Nicolas Sansone, an attorney for Public Citizen, another group suing the government, said some of the aid groups “may well not be able to survive the 90 days.”
U.S. District Judge Amir Ali, the Biden-era appointee who convened the emergency telephone hearing, said he would issue a written ruling at some point in the future and asked that plaintiffs file a “more tailored” proposed order by 7:30 p.m. ET.
The aid groups accuse several U.S. government entities, including the president and secretary of state, of breaking multiple federal laws and violating the Constitution by failing to administer funds appropriated by Congress.
The groups claimed on Wednesday morning that contract terminations from the administration had “accelerated” in the 24 hours since they filed their lawsuits, and asked Judge Ali to issue a temporary restraining order to prevent further actions from the administration.