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2.0

EO 14248 § 2 requires proof of U.S. citizenship to vote

  1. Original Date Announced

    March 25, 2025

    President Trump issued Executive Order (EO) 14248, "Preserving and Protecting the Integrity of American Elections," in order "to safeguard American elections in compliance with Federal laws." § 2 of the EO enforces "the Federal prohibition on foreign nationals voting in Federal elections."

    • § 2(a) requires the Election Assistance Commission (EAC) to require proof of citizenship in its national mail-voter registration form. Proof of citizenship is limited to a U.S. passport, a REAL ID Act-compliant ID, a military identification card, or "a valid Federal or State government-issued photo identification if such identification indicates that the applicant is a United States citizen or if such identification is otherwise accompanied by proof of United States citizenship."
    • § 2(b) requires the State Department and DHS to grant local election officials access to federal databases for verifying citizenship status. It instructs DHS and DOGE to review state voter-registration records and compare them with federal immigration databases, as required by 52 U.S.C. § 20507.
    • § 2(c) states that DHS must provide the Attorney General (AG) with a list within 90 days of "complete information on all foreign nationals who have indicated on any immigration form that they have registered or voted in a Federal, State, or local election."
    • § 2(d) requires federal agencies to verify citizenship before providing Federal voter-registration forms to enrollees in public assistance programs.
    • § 2(e) empowers the AG to prioritize prosecutions under 18 U.S.C. §§ 611 and 1015(f), which prohibit and penalize voting and false statements related to voting by non-citizens.

    Trump 2.0 [ID #1647]

    2025.03.25 EO 14248: Preserving and Protecting the Integrity of American Elections
  2. Effective Date

    March 25, 2025
  3. Subsequent Trump and Court Action

    March 31, 2025

    2025.03.31 Complaint - League of United Latin American Citizens v. Executive Office of the President

    The League of United Latin American Citizens (LULAC) and other plaintiffs filed suit challenging Executive Order 14248, alleging that it exceeds the President's constitutional and statutory authority, violates the National Voter Registration Act, the Help America Vote Act, the Uniformed and Overseas Citizens Absentee Voting Act, and the Administrative Procedure Act, and unlawfully interferes with the independence of the Election Assistance Commission. Plaintiffs seek declaratory and injunctive relief to prevent implementation of the Executive Order, arguing that it would unlawfully restrict voter registration and disenfranchise eligible voters. League of United Latin American Citizens v. Executive Office of the President, No. 1:25-cv-00946 (D.D.C.).

    **Link to case here. Litigation entries are limited to initial complaints and major substantive rulings. 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**

    View Document
  4. Subsequent Trump and Court Action

    March 31, 2025

    2025.03.31 Complaint - Democratic National Committee v. Trump

    The Democratic National Committee filed suit challenging Executive Order 14248, alleging that the Order exceeds the President's constitutional authority, violates the separation of powers by intruding on Congress's and the States' control over elections, and violates the Administrative Procedure Act. Plaintiffs seek declaratory and injunctive relief. Democratic National Committee v. Trump, No. 1:25-cv-00952 (D.D.C.).

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

    View Document
  5. Subsequent Trump and Court Action

    April 1, 2025

    2025.04.01 Complaint - League of Women Voters Education Fund v. Trump

    The League of Women Voters Education Fund, the League of Women Voters of the United States, and several voting rights organizations filed suit challenging Executive Order 14248, alleging that it exceeds the President's constitutional authority, violates the National Voter Registration Act, and unlawfully interferes with the independence of the EAC. Plaintiffs seek declaratory and injunctive relief to prevent implementation of the Executive Order. League of Women Voters Education Fund v. Trump, No. 1:25-cv-00955 (D.D.C.)

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

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  6. Subsequent Trump and Court Action

    April 3, 2025

    2025.04.03 Complaint - California v. Trump

    California and 18 other states filed suit challenging four provisions of Executive Order 14248, alleging that they are ultra vires and violate the separation of powers by usurping authority the Constitution reserves to Congress and the states. Plaintiff states seek declaratory and injunctive relief barring their enforcement, arguing that the requirements would disenfranchise voters, commandeer state election infrastructure, and force states to choose between essential federal funding and unlawful, unfunded compliance. California v. Trump, No. 1:25-cv-10810 (D. Mass.).

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

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  7. Subsequent Trump and Court Action

    April 24, 2025

    2025.04.24 Memorandum opinion - League of United Latin American Citizens

    United States District Judge Colleen Kollar-Kotelly of the District of Columbia issued a Memorandum Opinion for a group of three consolidated cases challenging EO 14284.

    The Court denied preliminary injunctive relief as to Sections 2(b), 7(a), and 7(b) because the challenges were premature.

    • 2(b) ordered DHS and DOS to open databases to DOGE in order to search for non-citizens who have registered to vote.
    • 7(a) ordered the AG to enforce certain statutes against states that do not comply with requiring mail-in ballots to be received by election day.
    • 7(b) ordered the EAC to withhold some federal grants from States that did not comply with the mail-in requirement addressed above.

    The Court then ordered preliminary injunctive relief against the implementation of Sections 2(a) and 2(d), because plaintiffs were substantially likely to prevail on the merits and implementation would cause them irreparable harm.

    • 2(a) ordered the EAC to amend the national voter-registration form to require proof of U.S. citizenship.
    • 2(d) ordered federal voter-registration agencies to assess the citizenship of people who received public assistance before providing a voter registration form.

    League of United Latin American Citizens v. Executive Office of the President, No. 1:25-cv-00946 (D.D.C.); Democratic National Committee v. Trump, No. 1:25-cv-00952 (D.D.C.); and League of Women Voters Education Fund v. Trump, No. 1:25-cv-00955 (D.D.C.).

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

    View Document
  8. Subsequent Trump and Court Action

    June 13, 2025

    2025.06.13 Memorandum and Order - State of California v. Trump

    U.S. District Judge Denise J. Casper issues a preliminary injunction in State of California v. Trump, enjoining Sections 2(a), 3(d), 2(d), and 7(b) of EO 14248 and Section 7(a) as to civil or criminal enforcement actions.

    • Sections 2(a) and 3(d) mandate the Election Assistance Commission and Secretary of Defense to require documentary proof of U.S. citizenship for voter registration.
    • Section 2(d) requires federal agencies to verify citizenship before providing Federal voter-registration forms to enrollees in public-assistance programs.
    • Sections 7(a) and 7(b) directs the Attorney General to take action against States that either allow for counting of ballots mailed on or before Election Day but are received afterwards or allow voters to cure timely submitted ballots with minor technical issues.

    The Court found that the challenges were ripe and that Plaintiffs were likely to succeed on the merits of their claims that the President lacked authority to impose these requirements on the States and that no existing laws allowed for civil- or criminal-enforcement actions against the States. California v. Trump, No. 1:25-cv-10810 (D. Mass.).

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

    View Document
  9. Subsequent Trump and Court Action

    September 25, 2025

    2025.09.25 Complaint - United States v. Benson

    The United States filed suit to compel the State of Michigan to provide unredacted copies of the state's voter files under Title III of the Civil Rights Act, the National Voter Registration Act, and the Help America Vote Act. The requested data include the dates of birth, partial Social Security numbers, and driver’s license numbers of every registered voter in the state. The United States had submitted three letters to the state’s chief state election official, who provided only the public version of the state’s voter registration list. The complaint asserts that the requested information is necessary to enforce the statutory requirement that all states maintain “accurate and current voter registration rolls for elections for Federal office” and remove “ineligible voters from the official lists of eligible voters[.]” United States v. Benson, No. 1:25-cv-01148 (W.D. Mich.).

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

    View Document
  10. Subsequent Trump and Court Action

    October 31, 2025

    2025.10.31 Memorandum Opinion - League of United Latin American Citizens v. Executive Office of the President

    Judge Kollar-Kotelly of the District of Columbia issued a Memorandum Opinion for a group of three consolidated cases challenging EO 14284.

    The court granted Plaintiffs' motion for summary judgment on Section 2(a) of EO 14284, which ordered the Election Assistance Commission to amend the national voter-registration form to require proof of U.S. citizenship. The court found that Section 2(a) violates the constitutional separation of powers because the "Constitution entrusts Congress and the States—not the President—with the power to regulate federal elections." The court permanently enjoined Defendants from implementing 2(a) because Plaintiffs would suffer irreparable harm without an injunction and the balance of equities and public interest weigh in favor of a permanent injunction.

    The court also dismissed Plaintiffs' claim that 2(a) violates the Administrative Procedure Act.

    League of United Latin American Citizens v. Executive Office of the President, No. 1:25-cv-00946 (D.D.C.); Democratic National Committee v. Trump, No. 1:25-cv-00952 (D.D.C.); and League of Women Voters Education Fund v. Trump, No. 1:25-cv-00955 (D.D.C.). The consolidated docket number is No. 1:25-cv-00946.

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

    View Document
  11. Subsequent Trump and Court Action

    November 3, 2025

    USCIS News Release - USCIS Enhances Voter Verification Systems

    USCIS issued a press release about expanding the Systematic Alien Verification for Entitlements (SAVE) program to help states verify voter citizenship using only the last four digits of a Social Security number. The upgrade "enables registered user agencies, especially those verifying voter rolls, to create a SAVE case without needing a Department of Homeland Security identifier or complete Social Security number." USCIS reports a massive increase in verification activity, with more than 46 million voter-verification queries in 2025 (out of 205 million status queries overall), and urges all states to adopt SAVE agreements (currently, 26 states have such agreements).

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  12. Subsequent Trump and Court Action

    January 30, 2026

    2026.01.30 Memo Opinion - League of United Latin American Citizens v. EOP

    Judge Kollar-Kotelly issued a Memorandum Opinion for the three consolidated cases challenging EO 14284.

    The court permanently enjoined implementation of Sections 2(d) and 3(d) of EO 14248, both of which impose new requirements for verifying U.S. citizenship of people registering to vote or applying to receive absentee ballots. The court found the provisions to be inconsistent with the separation of powers principle, stating that the "Constitution vests the authority to regulate federal elections in Congress and the States alone." The court also declared that, in the course of implementing EO provisions calling for agencies to access and share sensitive personal data, the federal government must strictly comply with the Privacy Act, 5 U.S.C. § 552a.

    League of United Latin American Citizens v. Exec. Off. of the President No. 1:25-cv-00946, (D.D.C.); Democratic Nat'l Comm. v. Trump, No. 1:25-cv-00952 (D.D.C.); and League of Women Voters Educ. Fund v. Trump, No. 1:25-cv-00955 (D.D.C.). The consolidated docket number is No. 1:25-cv-00946.

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

    View Document
  13. Subsequent Trump and Court Action

    February 10, 2026

    2026.02.10 Opinion - United States v. Benson

    District Judge Hala Y. Jarbou granted the state of Michigan’s motions to dismiss for failure to state a claim. The court concluded that HAVA does not require the disclosure of any records, that the NVRA does not require the disclosure of voter registration lists because they are not records concerning the implementation of list maintenance procedures, and that Title III of the Civil Rights Act does not require the disclosure of voter registration lists because they are not documents that come into the possession of election officials. United States v. Benson, No. 1:25-cv-01148 (W.D. Mich.).

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

    View Document
  14. Subsequent Trump and Court Action

    February 18, 2026

    2026.02.18 Reported: Administration Targets Noncitizen Voting, Despite Finding It Rare - New York Times

    The New York Times reports that Homeland Security Investigations (HSI), an arm of ICE, issued a two-page memo directing its employees to “review all open and closed voter fraud cases” involving immigrants who registered to vote, or actually voted, before they became naturalized citizens. The memo states that the review "reflects the administration’s commitment to safeguarding democratic processes and maintaining public confidence in the electoral system." The Trump administration has issued similar instructions to some U.S. attorneys’ offices to review voter fraud cases. The memo and instructions to U.S. attorneys' offices cite EO 14248 as legal authority.

    DHS Secretary Kristi Noem recently stated that the goal of investigating voter fraud is to “make sure we have the right people voting, electing the right leaders to lead this country.”

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  15. Subsequent Trump and Court Action

    February 25, 2026

    2026.02.25 Reported: ICE won't be at polling places this year, a Trump DHS official promises - NPR

    NPR reports that a senior DHS official, deputy assistant secretary for election integrity Heather Honey, told state election leaders that ICE agents will not patrol polling places during the 2026 midterms, calling such claims "disinformation." The reassurance follows concerns sparked by President Trump's continued false claims about voter fraud and comments from administration allies suggesting immigration enforcement would occur at the polls.

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  16. Subsequent Trump and Court Action

    May 12, 2026

    2026.05.12 OLC - Authority to Obtain and Share Statewide Voter Roll Data

    The Office of Legal Counsel issued a slip opinion concluding that the Department of Justice's Civil Rights Division has authority to seek statewide voter lists and share them with the Department of Homeland Security (DHS) as part of its effort to identify individuals who are ineligible to vote, including undocumented immigrants.

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  17. Subsequent Trump and Court Action

    June 4, 2026

    2026.06.04 Reported: Justice Department Tells Prosecutors to Pursue Immigrant Vote Fraud Cases - New York Times

    The New York Times reports that senior DOJ official Aakash Singh instructed prosecutors nationwide during an internal conference call to intensify criminal investigations and prosecutions of noncitizens who have voted. Singh stated that these cases were a top priority, urging prosecutors to “get creative” to bring charges. According to Singh, about 90 immigrant voting-fraud investigations are currently open.

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  18. Subsequent Trump and Court Action

    June 24, 2026

    2026.06.24 Opinion - United States v. Benson

    The Sixth Circuit affirmed the district court's order dismissing the case, holding that the United States could not force Michigan to hand over unredacted voter rolls under Title III of the Civil Rights Act. Writing for a split panel, Judge Mathis explained that Michigan's qualified voter file is not subject to Title III, as the text of Title III ("come into . . . possession") could not be interpreted to include voter data that the chief state election official had created. The court additionally found that the federal government failed to comply with Title III’s mandatory statutory obligation to submit a demand to the state containing a statement of both the basis and purpose of its request. United States v. Benson, No. 26-1225 (6th Cir.).

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

    View Document
  19. Subsequent Trump and Court Action

    June 24, 2026

    2026.06.24 Memorandum and Order - State of California v. Trump

    U.S. District Judge Denise J. Casper granted the Trump administration's motion for summary judgment as to Wisconsin's claims, while otherwise largely ruling in favor of a coalition of 19 states challenging key provisions of EO 14248. The court held that Wisconsin lacked standing, but concluded that the executive order exceeded the President's authority and violated separation of powers principles by directing executive agencies to impose documentary proof of citizenship requirements for federal voter registration, condition election-related funding on state compliance, and enforce Election Day ballot receipt deadlines contrary to state law. The court permanently enjoined the administration, except President Trump, from enforcing Sections 2(a), 3(d), 4(a), 7(a), and 7(b) against the plaintiff states. State of California v. Trump, No. 1:25-cv-10810 (D. Mass.).

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

    View Document
  20. Subsequent Trump and Court Action

    July 7, 2026

    2026.07.07 Reported - Justice Department Threatens Top Election Officials Over Noncitizen Voting - NYT

    The New York Times reports that the Justice Department sent letters to election officials in all 50 states and the District of Columbia stating that election officials who knowingly permit ineligible noncitizens to remain on voter rolls or cast ballots could be criminally prosecuted under federal law. The warnings are part of a broader Trump administration effort to increase federal oversight of election administration ahead of the 2026 midterm elections, including encouraging states to strengthen citizenship verification procedures.

    An example of one such letter that was sent to the Maine Secretary of State can be found here.

    View Document

Current Status

None

Original Trump Policy Status

Trump Administration Action: Presidential Orders
Subject Matter: Citizenship
Agencies Affected: DHS DOS Other State & Local Entities

Commentary

  • 2025.03.25 Election Law Blog - President Trump Issues Dangerous Executive Order that Could Potentially Disenfranchise Millions of Voters

    Election law scholar Rick Hasen notes that even though this EO orders the EAC to do certain things, the President "doesn't have that power, unless the courts accept some aggressive version of the unitary executive theory." Hasen further notes that the EO's proof of citizenship requirement for the national voter-registration form "would prevent only a tiny amount of noncitizen voter registration but stop millions of eligible voters, who do not have easy access to documents such as passports, from registering to vote."

    Go to article
  • 2025.03.26 Bloomberg - Breaking Down the Constitutionality of Requiring Proof of U.S. Citizenship to Vote

    Harvard Law Professor Noah Feldman discusses the constitutionality of this EO, noting that requiring the Election Assistance Commission to make it harder to prove citizenship in order to register to vote is unlawful, and pressuring states not to accept absentee or mail-in ballots is probably unlawful.

    Go to article

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