Baltimore, Md. – After a bombshell filing in federal court made by the U.S. Department of Justice (DOJ), wherein DOJ admitted to multiple inaccuracies and misrepresentations it made to federal courts in a case challenging the so-called Department of Government Efficiency (DOGE) employees’ access to Americans’ personal Social Security data, a coalition of unions and retiree advocates are back in court. In two separate filings–one in federal district court and one in the federal Court of Appeals–the unions and retiree advocates are seeking to add information to the record in the case regarding brazen misconduct recently admitted to by the Trump-Vance administration. In addition, Democracy Forward, counsel for the plaintiffs, is demanding that DOJ ensure that all documents be retained concerning these new revelations.
On January 16, 2026, the government filed a “Notice of Corrections to the Record” in AFSCME v. SSA., which disclosed a number of inaccuracies in information the government had previously provided to the court.
In its filings today, the coalition of unions and retiree advocates—including the American Federation of State, County, and Municipal Employees (AFSCME), the American Federation of Teachers (AFT), and the Alliance for Retired Americans (ARA)—explains that DOJ’s statements to both the district and appellate courts contain numerous misstatements and omissions by Defendants on relevant factual issues, knowable only to Defendants. And there is no question that Defendants’ errors and omissions are material to issues on appeal. The filings cite examples that include DOJ’s acknowledgment that individuals’ personal data was disclosed to third parties using a non-government server; and that a DOGE team member at the Social Security Administration (SSA) entered into a “Voter Data Agreement” after being asked by someone outside the government to analyze state voter rolls. They ask the court to supplement the record to include these new revelations.
Notably, this information comes to light as the Trump-Vance administration is under fire for its attempts to misuse individuals’ personal information to purge voter rolls in states ahead of the 2026 midterm elections.
“Exactly as we warned, the billionaires running DOGE have put our private data at risk,” said AFSCME President Lee Saunders. “Their mishandling of Americans’ Social Security information directly endangers working peoples’ and retirees’ economic security, all to advance their extreme anti-worker agenda. Our case has continued to bring to light how this administration is failing workers and seniors, and we will continue to press forward to ensure everyone can retire with security and dignity.”
“The Trump administration’s admission that DOGE improperly shared sensitive Social Security data confirms our worst fears,” said AFT President Randi Weingarten. “We have argued in court that giving unelected billionaires permission to hijack our private data jeopardizes Americans’ personal and financial security. The courts were concerned we didn’t have proof, just fear. Now the government has revealed our fears were justified. They broke a basic bond of trust and put Americans’ futures at risk. Everyone who receives Social Security has contributed to it, and we will continue fighting to ensure the government upholds its end of the bargain. Americans should be allowed to retire with dignity and grace, not in fear that their sensitive information will be exposed.”
“The unauthorized release of Americans’ personal data represents a profound violation of public trust. Retirees, workers, and families depend on the Social Security Administration to protect their most confidential information,” said Richard Fiesta, Executive Director of the Alliance for Retired Americans. “We have a right to know what happened to our information, who had access to it, and what it was used for.”
“The brazen misconduct by President Trump’s administration is doubly harmful here, when the privacy of individual Americans and the integrity of our election system is at risk. Democracy Forward will aggressively pursue this to protect the people and our democracy,” said Skye Perryman, President and CEO of Democracy Forward. “This case also shows the importance of litigation: the only way the American people have been able to learn what their government is up to in secret is because of the judicial process and our brave clients’ lawsuit. We will continue to do that in the days ahead and will use all legal tools to pursue accountability.”
Plaintiffs filed a lawsuit in February 2025, seeking emergency relief after uncovering facts showing that DOGE operatives had gained access to private Social Security records. According to declarations filed in the U.S. District Court for the District of Maryland, DOGE personnel entered SSA systems without appropriate legal authority, bypassed key data safeguards, and placed the private information of millions of Americans—including bank account numbers, health records, wage histories, and immigration status—at risk of exposure, theft, or abuse.
The court took historic action soon afterwards, ordering DOGE to delete all unlawfully accessed data and temporarily blocking further access while the case was appealed to higher courts by the administration. The court order was later stayed by the U.S. Supreme Court via their shadow docket while plaintiffs vigorously pursue this matter in the lower courts.
Today’s filings can be found here and here.
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Contact: Lisa Cutler, [email protected]
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