Trump Order for Proof of Citizenship to Vote Blocked for Now (1)

A US judge temporarily blocked parts of President Donald Trump’s executive order that calls for major changes to US election rules, including a first-of-its-kind demand for proof of citizenship to vote.

A preliminary injunction sought by the Democratic National Committee and a slew of nonprofits was partially granted Thursday, barring the Trump administration from implementing the proof-of-citizenship requirements before someone can register to vote.

The judge declined to block other provisions, including Trump’s threat to strip states of some funding if they fail to cooperate. The ruling also clears, for now, a requirement that US agencies grant Elon Musk’s Department of Government Efficiency team access to databases to search for non-citizens who try to vote — a rare phenomenon Trump claims is rampant.

The decision is the latest court setback this week for Trump’s executive orders seeking to reshape the US government and expand presidential authority. Earlier on Thursday, a judge temporarily blocked Trump’s funding freeze for local governments with “sanctuary” policies. The government also asked the US Supreme Court to overturn an order blocking the president’s ban on transgender Americans serving in the military.

US District Judge Colleen Kollar-Kotelly in Washington said in her decision Thursday that she wasn’t deciding whether proof of citizenship was a valid policy or if it would be legal if implemented. Instead, she focused on whether Trump “can dictate those policies unilaterally, or whether that power is reserved to Congress and the States alone.”

In an emailed statement, White House spokesman Harrison Fields said, “President Trump will keep fighting for election integrity, despite Democrat objections that reveal their disdain for commonsense safeguards like verifying citizenship. Free and fair elections are the bedrock of our Constitutional Republic, and we’re confident in securing an ultimate victory in the courtroom.”

Disqualifying Millions

According to the plaintiffs challenging Trump’s order, a proof-of-citizenship requirement could disqualify millions of people from casting ballots because they don’t have the correct documents, or their records were stolen or destroyed. Only about half of all Americans have US passports, the suit says.

A group of Democrat-led US states filed a similar suit earlier this month, alleging Trump’s order violates the Constitution by usurping their authority to manage elections. They also claim Trump is wrongfully threatening to investigate states that fail to comply and strip them of some federal funding.

Kollar-Kotelly said her ruling was warranted because the plaintiffs are likely to succeed on their proof-of-citizenship claims. The claims she allowed to moved forward may be better suited to the lawsuit by the Democratic state attorneys general, she said.

The judge said Democrats in particular face “an especially acute threat” from the proof-of-citizenship rule due to the upcoming June deadline to register to vote in Arizona’s special congressional election.

“And because each day presents an opportunity to recruit candidates, persuade voters, and galvanize supporters that cannot be restored once lost, the implementation of a documentary-proof-of-citizenship requirement” in response to Trump’s executive order “would irreparably harm the Democratic Party plaintiffs’ interests throughout the country.”

Lawyers for the plaintiffs praised the ruling, saying the Constitution “couldn’t be clearer” that the states run elections, not the president.

“Today’s ruling is a victory for democracy and the rule of law over presidential overreach,” said Elias Law Group attorney Aria Branch. “This injunction stops an outrageous attempt to disenfranchise eligible voters by adding illegal and unnecessary barriers to the voter registration process.”

The case is Democratic National Committee v. Trump, 25-cv-952, US District Court, District of Columbia (Washington).

(Updates with comments from the White House and a lawyer for Democrats.)

To contact the reporter on this story:
Erik Larson in New York at elarson4@bloomberg.net

To contact the editors responsible for this story:
Misyrlena Egkolfopoulou at megkolfopoul@bloomberg.net

Steve Stroth, Elizabeth Wasserman

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