DNC and Schumer File Lawsuit Against Trump Over Directive Addressing Illegal Immigrant Voting

April 1, 2025 TruthUSA

Democrats claim the order is unconstitutional.

On March 31, the Democratic National Committee (DNC) and two prominent U.S. lawmakers filed a lawsuit against President Donald Trump concerning an executive order that intends to enforce regulations regarding illegal immigrant voting and election dates.

“The Executive Order aims to introduce drastic modifications to the processes by which Americans register to vote, cast their ballots, and engage in our democracy—all of which pose risks of disenfranchising lawful voters and are not legally upheld,” states the lawsuit, submitted by Democratic Party attorney Marc Elias in federal court in Washington.

Trump’s order, issued on March 25, contains several sections. A number of these pertain to laws that prevent foreign individuals from registering to vote or participating in federal elections. Trump instructed the independent Election Assistance Commission to mandate proof of U.S. citizenship on its mail voter registration form, ordered U.S. officials to collaborate with the Department of Government Efficiency to examine voter rolls for noncitizens already registered, and commanded the U.S. Attorney General to pursue prosecution against those who have improperly registered or voted.

Another aspect targets how certain states have recently started counting mailed ballots received after Election Day, which the order asserts violates federal law.

A further section specifies that the Election Assistance Commission shall cease providing federal funds to states that fail to comply with laws regarding election dates and provisions for noncitizen voting and registration.

The U.S. Constitution’s election clause permits states to establish election dates, although Congress holds the authority to modify them.

“Beyond the Elections Clause, other constitutional provisions impose certain requirements and restrictions on election regulations—but none empowers the President to override the decisions of the States or Congress in this area,” the lawsuit argues.

The legal challenge emphasizes that the Election Assistance Commission operates as an independent agency that the president, despite appointing its commissioners, cannot control. Furthermore, federal law allows individuals voting in federal elections to confirm their citizenship with a signature, rather than necessitating document-based proof like a passport.

Alongside the DNC, Senator Chuck Schumer (D-N.Y.), the leading Democrat in the U.S. Senate, and Representative Hakeem Jeffries (D-N.Y.), the leading Democrat in the U.S. House of Representatives, are also plaintiffs in this lawsuit.

The Democrats seek a court ruling to declare that the executive order is in violation of both the Constitution and federal law, and to prevent U.S. officials, including the attorney general, from enforcing it.

The White House has yet to respond to a request for comment.

Prior to the 2016 election, Elias assisted in creating a dossier against Trump. He was named in another directive issued by Trump that instructed officials to take action against lawyers violating laws and regulations.

Earlier on Monday, several organizations initiated a separate lawsuit in the same court regarding the election order, presenting similar arguments.

“The president’s executive order is an unlawful act that threatens to disrupt our established election systems and silence potentially millions of Americans,” stated Danielle Lang, senior director of voting rights at the Campaign Legal Center, which is representing the groups. “It is simply outside the president’s authority to dictate election regulations through executive action, especially when those actions would restrict voter access in this manner.”

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