Federal Judge Permanently Blocks Trump's Executive Order Requiring Proof of Citizenship for Voter Registration

U.S. District Judge Colleen Kollar-Kotelly ruled on October 31, 2025, that President Trump cannot enforce a key provision of his March 25, 2025, Executive Order 14248, "Preserving and Protecting the Integrity of American Elections," which mandated documentary proof of U.S. citizenship on the federal voter registration form. The decision, a permanent injunction, stems from a lawsuit filed by the ACLU, Democratic National Committee, Brennan Center for Justice, and others, who argued the order violated the Constitution by usurping state authority over elections.

Issued shortly after President Trump's inauguration, EO 14248 aimed to safeguard election integrity following concerns from the 2020 and 2024 cycles, including allegations of non-citizen voting. The order directed the U.S. Election Assistance Commission to revise the federal voter registration form—used in 42 states and D.C. for about 10% of registrations—to require documentary proof like passports, birth certificates, or REAL ID driver's licenses alongside the citizenship affirmation box. It also withheld federal election funds from states not implementing similar requirements, prohibited counting mail-in ballots received after Election Day even if postmarked timely, and mandated voter roll maintenance, paper ballots, and audits. The EO responded to data showing 1.2 million non-citizens on rolls in key states and federal law (52 U.S.C. § 20511) criminalizing non-citizen voting, punishable by prison and fines.

Filed in April 2025 in D.C., the suit claimed the president exceeded authority under Article I, Section 4 (Elections Clause), reserving regulation to states and Congress. Kollar-Kotelly, a Clinton appointee, agreed, ruling the citizenship mandate "exceeds presidential authority" and "usurps congressional power." She issued a nationwide permanent injunction against the EAC implementing it. The judge declined to block the mail ballot cutoff, finding plaintiffs lacked standing.

The ACLU celebrated the ruling, stating "no president can sidestep the Constitution." The White House has not commented, but an appeal is expected. Multiple suits challenge the EO, including an April 2025 preliminary block of the citizenship proof. Ongoing challenges target funding conditions and voter purges. Twenty-one states support President Trump, but implementation remains stalled pending litigation. The ruling preserves the status quo: affidavit-based citizenship on the federal form with no routine proof required federally, though states vary, with 36 demanding ID.