ICAP represents numerous grantees of the Inter-American Foundation (IAF) in a challenge to the Executive Branch’s unilateral efforts to dismantle the agency. For decades, the IAF—a federal agency created by Congress—has enjoyed broad bipartisan support for its effective work promoting economic stability and democratic governance across Latin America and the Caribbean. Despite this legislative mandate, an Executive Order issued shortly after President Trump returned to office sought to shutter the Foundation by canceling active grants and placing all staff on administrative leave.
On behalf of the organizations whose development agreements were abruptly terminated, ICAP filed suit alleging that the administration’s actions violate the separation of powers and the Administrative Procedure Act. ICAP also argued that actions by the Department of Government Efficiency to fire IAF’s Board of Directors and President and replace them with an individual who had not been Senate-confirmed violated the Appointments Clause and the Federal Vacancies Reform Act. Finally, ICAP argued that the Executive Branch acted ultra vires by attempting to dissolve an agency that only Congress has the power to sunset. Through this litigation, ICAP seeks to protect the integrity of the legislative process and ensure that vital humanitarian work is not dismantled through unlawful executive overreach.
