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EO 14399: "Ensuring Citizenship Verification and Integrity in Federal Elections"

  1. Original Date Announced

    March 31, 2026

    President Trump issued Executive Order (EO) 14399, "Ensuring Citizenship Verification and Integrity in Federal Elections." The EO directs DHS, in coordination with SSA, to compile and transmit to each State's chief election official a "State Citizenship List" naming all individuals confirmed to be U.S. citizens who will be over 18 at the time of an upcoming federal election and who maintain residence in the State. The State Citizenship List will be derived from federal citizenship and naturalization records, SSA records, SAVE data, and other relevant federal databases.

    The EO further directs the U.S. Postal Service (USPS) to initiate proposed rulemaking to impose stricter controls on mail-in voting. It requires that the proposal include enhanced tracking requirements and provisions forbidding transmission of mail-in or absentee ballots from voters not enrolled with USPS for mail-in or absentee ballots.

    Trump 2.0 [ID #2256]

    2026.03.31 EO 14399 - Ensuring Citizenship Verification and Integrity in Federal Elections
  2. Subsequent Trump and Court Action

    April 2, 2026

    2026.04.02 Complaint - League of Women Voters of Massachusetts v. Trump

    A coalition of "nonpartisan, nonprofit organizations dedicated, inter alia, to protecting the right to vote," including the League of Women Voters of Massachusetts, the U.S. Vote Foundation, OCA-Asian Pacific American Advocates, and Delta Sigma Theta Sorority filed a lawsuit challenging EO 14399 and seeking declaratory and injunctive relief. Plaintiffs claim the EO violates postal statutes and the Privacy Act, unconstitutionally burdens the right to vote, infringes on separation of powers principles, and violates federalism and the Tenth Amendment by coercing states to alter their election laws. League of Women Voters of Massachusetts v. Trump, No. 1:26-cv-11549 (D. Mass.).

    **Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

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  3. Subsequent Trump and Court Action

    April 3, 2026

    2026.04.03 Complaint - California v. Trump

    Twenty-three states and the District of Columbia sued to challenge EO 14399. The complaint alleges that the EO unlawfully attempts to create federal voter eligibility lists inconsistent with states’ own voter rolls and voter registration obligations, rewrites states’ mail voting laws, and expands record-keeping expectations. It states that the EO will force plaintiff states to revise their election laws, divert resources from critical election priorities, and threaten to disenfranchise voters. Pointing to evidence that the SAVE database is "notoriously inaccurate," it also argues that the EO's voter eligibility lists will be “destabilizing and unproductive.” Plaintiffs assert that the EO violates separation of powers principles, anti-commandeering principles, the elections and electors clause, and is ultra vires. State of California v. Trump, No. 1:26-cv-11581 (D. Mass.).

    **Link to case here. See litigation note above**

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  4. Subsequent Trump and Court Action

    April 21, 2026

    2026.04.21 Complaint - Common Cause v. DOJ

    Two organizations focused on democracy issues and individual voters filed suit to challenge the Department of Justice's actions to “stockpile millions of Americans' confidential voter data." The complaint, referring to this as DOJ's "Voter Registration Nationalization Policy," alleges that the DOJ has demanded that nearly every state and the District of Columbia turn over statewide voter registration lists, is creating a national voter registration system of records from state files, and has requested that states cede their voter list maintenance responsibilities to the federal government. The complaint further alleges that DOJ plans to disclose the state data to DHS to run through SAVE. Plaintiffs claim that the DOJ's actions violate the separation of powers and federalism principles, Administrative Procedure Act, Elections Clause, Voter Qualifications Clause, and 17th Amendment. Common Cause v. DOJ, No. 1:26-cv-01352 (D.D.C.).

    **Link to case here. See litigation note above**

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  5. Subsequent Trump and Court Action

    June 13, 2026

    2026.06.13 Reported: ICE obtains local voter files - Axios

    Axios reports that ICE Homeland Security Investigations (HSI) agents asked Texas county election officials for specific voter files in May 2026. The request led to sharing of Webb County files, and follows an April 2026 email from an HSI analyst to Texas Secretary of State general counsel inquiring about the files and needed subpoenas. The analyst's email stated that seeking such information is "[p]ursuant to ongoing investigations." A separate request was made for two voters' registration information in Forsyth County, North Carolina in November 2025; those files were shared. Heather Honey, DHS's deputy assistant secretary for election integrity, has been in direct contact with the Texas general counsel. While Honey did not confirm how many election offices she has contacted, she stated that the agency "has engaged with every state secretary or chief election official."

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  6. Subsequent Trump and Court Action

    June 24, 2026

    2026.06.24 Reported: Postal Service would restrict mail-in voting under Trump proposal, chief says - Politico

    Politico reports that at a hearing before the Senate Committee on Homeland Security & Government Affairs, Postmaster General David Steiner testified that the United States Postal Service (USPS) plans to cooperate with EO 14399 by restricting delivery of mail-in ballots in states that do not submit eligible-voter lists to the administration. Senate Democrats pushed back against Steiner about USPS's lack of constitutional authority to administer elections. Steiner framed the rule as a procedural step to ensure ballots are only sent to eligible voters. The agency's board of directors has not yet adopted the new rule.

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  7. Subsequent Trump and Court Action

    June 25, 2026

    2026.06.25 Opinion - California v. Trump

    U.S. District Judge Indira Talwani found EO 14399 Sections 2 and 3 ultra vires and contrary to separation of powers, and that Section 5 is “merely precatory.” The court enjoined defendants from implementing or giving effect to Sections 2 and 3 for November 3, 2026 or any earlier federal elections in the plaintiff states. The court noted DHS has not confirmed whether or in what capacity SAVE data will be used to create the state "citizenship lists," and that "DHS does not dispute that the SAVE system has erroneously flagged citizens as noncitizens." State of California v. Trump, No. 1:26-cv-11581 (D. Mass.).

    **Link to case here. See litigation note above**

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Current Status

None

Original Trump Policy Status

Trump Administration Action: Presidential Orders
Subject Matter: Citizenship
Agencies Affected: DHS SSA

Associated or Derivative Policies

Commentary

  • 2026.05.25 New York Times - What to Know About the Citizenship Lists Trump Wants to Create

    The New York Times explains the practical, legal, and historical implications of President Trump’s proposal to create state-by-state citizenship lists, highlighting concerns about incomplete data, privacy violations, and lack of precedent.

    Go to article

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