U.S.A.I.D. Official Orders Employees to Shred or Burn Classified and Personnel Records

A senior official at the main U.S. aid agency, which is being dismantled by the Trump administration, told employees to clear safes holding classified documents and personnel files by shredding the papers or putting them into bags for burning, according to an email sent to the staff.

The email, sent by Erica Y. Carr, the acting executive secretary, told employees of the U.S. Agency for International Development to empty out the classified safes and personnel document files on Tuesday. “Shred as many documents first, and reserve the burn bags for when the shredder becomes unavailable or needs a break,” Ms. Carr wrote, according to a copy of the email obtained by The New York Times.

The agency has fired thousands of employees, put some on paid leave and asked a few to work from home, so its headquarters have been mostly empty for weeks.

It is unclear if Ms. Carr or any other official at U.S.A.I.D. got permission from the National Archives and Records Administration to destroy the documents. The Federal Records Act of 1950 requires U.S. government officials to ask the records administration for approval before destroying documents.

The documents being destroyed could have relevance to multiple court cases that have been filed against the Trump administration and the aid agency over the mass firing and sudden relocation of employees, the rapid dismantlement of the agency and a freeze on almost all foreign aid money.

The State Department and a spokesperson for U.S.A.I.D. did not respond to requests for comment.

By Tuesday evening, at least two groups had made court filings to try to get judges to prevent the destruction of more documents at U.S.A.I.D. They said the agency had failed to comply with record-keeping requirements. Defense lawyers argued in a filing that officials had not destroyed any personnel records and that they would not destroy any more documents in the Ronald Reagan Building, the site of the agency’s headquarters, without first notifying the plaintiff and the court.

The American Foreign Service Association, which is a union representing career diplomats and a plaintiff, said in a statement on Tuesday that it was “alarmed by reports that U.S.A.I.D. has directed the destruction of classified and sensitive documents that may be relevant to ongoing litigation regarding the termination of U.S.A.I.D. employees and the cessation of U.S.A.I.D. grants.”

“Federal law is clear: The preservation of government records is essential to transparency, accountability and the integrity of the legal process,” the union said. “We call for full adherence to federal records preservation laws to ensure accountability and protect the rights of U.S.A.I.D. employees.”

The union also noted that employees engaged in the improper destruction of records could find themselves in legal jeopardy.

The aid agency employs nearly 2,000 career diplomats, known as Foreign Service officers, and they are represented by the union. Diplomats generally destroy large numbers of documents only when an embassy or other post is about to be overrun by a hostile force. Some diplomats who got Ms. Carr’s email on Monday night called union officials after becoming anxious over the sudden request.

The Federal Records Act says that “agencies must follow retention schedules approved by” the records agency and covers all electronic documents as well. Printed documents must be saved in an electronic format before being destroyed, and the act says that “agencies must manage electronic records effectively, ensuring accessibility and security.”

In some federal agencies, employees regularly destroy physical documents after saving them in electronic form. It is unclear if employees at U.S.A.I.D. have ensured that all physical documents are being saved electronically before being destroyed.

In her email on Monday, Ms. Carr asked employees to meet at 9:30 a.m. on Tuesday in the lobby of the Reagan Building to take part in the destruction of documents. The U.S. government has ended the agency’s lease for office space there. Secretary of State Marco Rubio, who is the agency’s acting administrator, plans to move the remnants of U.S.A.I.D. into the State Department after firing thousands more employees.

The email told employees to mark burn bags with “SECRET” or “USAID/(B/IO)” with a dark Sharpie if possible. “B/IO” stands for bureau or independent office.

Mr. Rubio took charge of U.S.A.I.D. last month and announced that Pete Marocco, a divisive appointee at the State Department, would oversee day-to-day operations. Mr. Marocco has worked with young employees of a task force run by Elon Musk, the billionaire adviser to President Trump, to halt the disbursement of foreign aid funds, cut contracts and fire thousands of employees or put them on leave.

In a volatile cabinet meeting at the White House last Thursday, Mr. Rubio vented his anger at Mr. Musk for the eradication of the aid agency.

On Monday, Mr. Rubio announced on social media that officials had canceled 5,200 aid agency contracts, or 83 percent of the total. The remaining 1,000 will be managed by the State Department, he said. And he thanked Mr. Musk’s team.

The State Department has not released details of the remaining 1,000 contracts.

Several hundred employees of U.S.A.I.D. will probably be absorbed into the State Department, aid agency officials say.

A federal judge ordered the Trump administration on Monday to restart aid payments for work that had been completed. The judge noted that Congress had appropriated foreign aid funds, and that the Trump administration did not have the right to “impound” the money. An executive order signed by Mr. Trump on Jan. 20 froze almost all foreign aid funding.

Ryan Mac contributed reporting from Los Angeles and Seamus Hughes contributed research.