In Trump’s quest to close the Education Department, Congress and his own agenda may get in the way

(AP Photo/Evan Vucci)

WASHINGTON — President Donald Trump is gearing up to make drastic cuts to the U.S. Department of Education, using the full extent of his executive power to slash spending and pressure employees to leave. However, his plan to ultimately close the department is running up against a key obstacle: Much of the department’s funding and existence is mandated by Congress.

A new executive order being prepared by the White House appears to acknowledge these limitations. The order would direct Trump’s education secretary to begin winding down the agency, while encouraging Congress to pass legislation formally abolishing it, according to sources familiar with the proposal.

Though Trump has not signed the order yet, he referenced it during a press conference on Tuesday, joking about the first task for Linda McMahon, his nominee for education secretary.

“I want Linda to put herself out of a job,” Trump quipped.

Throughout his campaign, Trump vowed to shut down the Education Department, claiming it had been overtaken by “radicals, zealots, and Marxists.” Since its creation nearly 50 years ago, conservatives have periodically called for its dismantling, arguing it wastes taxpayer dollars and encroaches on local education decisions.

Trump is expected to set a deadline for McMahon to devise a plan for the agency’s reduction. However, even some of his allies are questioning how much he can accomplish without Congressional support. Many of the department’s major programs—like Title I funding for low-income schools and federal student loans—are required by federal law.

This frustration was evident during Trump’s first term, when his education secretary pushed for budget cuts but Congress repeatedly increased the department’s funding.

Trump’s pursuit of the department’s shutdown could be further complicated by his own policy agenda. He has already tasked the department with new responsibilities, including promoting “patriotic” education and investigating schools teaching controversial topics on race and gender. The department has also launched investigations into colleges after Trump ordered a crackdown on antisemitism on campuses.

What Trump can actually do to reduce the department’s budget may be limited to small cuts, according to one source familiar with the plan. Even the most aggressive efforts would barely make a dent in the department’s $79 billion annual budget.

The sources spoke on condition of anonymity because they were not authorized to discuss the details publicly.

Securing Congressional support would also be a significant challenge. Some Republicans have expressed doubts about the feasibility or political benefits of closing the department, especially given the broad range of programs it supports across both red and blue states. In 2023, the House considered a proposal to eliminate the agency, but 60 Republicans joined Democrats in opposing it. Last week, Rep. Thomas Massie, R-Kentucky, introduced new legislation calling for the department’s closure by 2026.

Despite these hurdles, signs indicate Trump is committed to delivering on his promise. On Friday, dozens of Education Department employees were put on paid leave after an executive order banning diversity, equity, and inclusion (DEI) efforts in federal agencies. Although many of the affected workers had not been involved in DEI programs, they had participated in an optional course offered by the department. Trump’s order specifically instructed that DEI officials be dismissed “to the maximum extent allowed by law.”

The White House has also been pressuring federal employees to resign, offering Education Department workers buyouts worth up to seven months’ salary if they leave by February 6.

Tensions grew further when a team from Elon Musk’s “Department of Government Efficiency” arrived at the Education Department’s offices this week. An Education Department spokesperson confirmed the visit, but did not provide details about the team’s work. Musk’s team has previously been involved in efforts to close the U.S. Agency for International Development and gain access to sensitive financial systems within the Treasury Department.

Trump’s comments about the department’s potential closure have raised concerns among schools and state governments that rely on federal funding. Though federal money accounts for only about 14% of public school budgets, it provides crucial support for low-income schools, special education, and various grants. In Minnesota, for example, Democratic lawmakers expressed alarm over the uncertainty of funding. Sen. Mary Kunesh warned that Trump’s order could freeze billions of dollars in federal education support, leaving schools unable to provide essential curricula.

However, some Republicans in Minnesota downplayed the concern, emphasizing that the details of the order remain unclear.

Those details are expected to be worked out by Trump’s education secretary. Trump did not immediately clarify whether he intends to preserve the department’s core functions.

One potential model for the department’s future is outlined in Project 2025, a conservative blueprint for Trump’s second term, created by the Heritage Foundation. The proposal suggests reallocating the Education Department’s major programs to other federal agencies. For example, Title I funding for schools would move to the Department of Health and Human Services as block grants to states, and the Education Department’s Office for Civil Rights would be transferred to the Justice Department.

Trump has distanced himself from Project 2025, although he has hired some of the plan’s architects, and there is significant overlap between its recommendations and his broader platform.

Democrats in Congress were quick to criticize Trump’s plan. Sen. Edward Markey, D-Mass., called it an “attack on educators, families, and students” and vowed to oppose it.

Trump’s efforts to dismantle the Education Department could also create complications for McMahon’s confirmation hearing. The billionaire professional wrestling mogul and longtime Trump ally has been nominated for the post, but some advisers have recommended delaying the executive order to avoid contentious questions during her confirmation. No date has yet been set for her Senate hearing.