Hawai‘i attorney general leading fight to stop Trump administration from shutting down Department of Education

The state’s attorney general is leading a coalition of 20 other attorneys general in filing a motion for a preliminary injunction as part of its lawsuit to stop the dismantling of the Department of Education.

On March 13, Hawai‘i Attorney General Anne Lopez filed the lawsuit after the Trump administration announced plans to eliminate 50% of the Department of Education’s workforce. Days later on March 21, President Donald Trump announced the state department must “immediately” transfer student loan management and special education services outside of the department, leading Lopez and the coalition to seek a court order to stop layoffs and transfer of services, according to a press release Monday for the Attorney General office.

“The Department of Education is essential, and it cannot be eliminated or incapacitated by the Trump administration without violating federal law,” said Lopez. “The 50% cut to the department’s workforce and transfer of department functions to other agencies causes grave harm to our state and our students. We are asking the court to step in to halt the department’s destruction.”

Leaders in elementary, secondary and higher education roles in the state also expressed concerns over the dismantling of the Department of Education. Hawai‘i Department of Education Superintendent Keith T. Hayashi said the loss of the federal department threatens critical programs that directly support Hawai‘i students, including those with disabilities, English learners, students experiencing unstable housing, and those in highest-need schools.

“In addition to funding, we rely on the department’s guidance to ensure compliance, plan for the school year, and sustain essential services across the state,” Hayashi said. “Even with assurances that core programs will continue, a shift of this magnitude risks serious disruptions.”

University of Hawaiʻi President Wendy Hensel also expressed concern over the closure of the Department of Education saying it could be catastrophic for students who rely on federal aid and support services to access higher education.

“At the University of Hawaiʻi, this decision threatens over 100 critical programs and hundreds of jobs across our campuses,” Hensel said.

The lawsuit argues the states rely on billions of dollars every year in funding for elementary and secondary education, services for children with disabilities, vocational education, adult education, and other crucial services.

“All of these programs will be severely disrupted if the administration’s incapacitation of ED (Department of Education) is not stopped,” officials with the Department of Attorney General stated.

Lopez and the coalition argue in their lawsuit and motion for a preliminary injunction that the Trump administration’s attacks on the Department of Education are illegal and unconstitutional, adding the department is an executive agency authorized by Congress, with numerous laws creating its various programs and funding streams.

The coalition’s lawsuit asserts that the executive branch does not have the legal authority to unilaterally dismantle it without an act of Congress. In addition, the attorneys general argue that the department’s mass layoffs violate the Administrative Procedures Act.

The state of Hawaiʻi is represented in this litigation by Solicitor General Kalikoʻonālani Fernandes, Deputy Solicitors General Ewan Rayner and Caitlyn Carpenter, and Special Assistant to the Attorney General Dave Day.

Joining Lopez in filing the lawsuit and Monday’s motion are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, Wisconsin and the District of Columbia.