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At the heart of the order was a directive aimed at enforcing the federal prohibition on foreign nationals voting in US elections. Under Section 2 of the order, the Election Assistance Commission was instructed to update the national mail voter registration form to require documentary proof of citizenship.
The order specified exactly what would qualify as proof, stating:
“documentary proof of United States citizenship” shall include a copy of:
“(A) a United States passport;
(B) an identification document compliant with the requirements of the REAL ID Act of 2005 (Public Law 109-13, Div. B) that indicates the applicant is a citizen of the United States;
(C) an official military identification card that indicates the applicant is a citizen of the United States; or
(D) 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.”
The order also directed the Department of Homeland Security to assist states in verifying voter eligibility. It instructed DHS to ensure that state and local election officials could access federal systems to confirm citizenship or immigration status without paying fees.
That portion of the order stated:
“the Secretary of Homeland Security shall, consistent with applicable law, ensure that State and local officials have, without the requirement of the payment of a fee, access to appropriate systems for verifying the citizenship or immigration status of individuals registering to vote or who are already registered.”
Despite these provisions being framed as enforcement of existing law, Judge Kollar Kotelly ruled that Trump overstepped his authority. She claimed the executive order violated the Constitution’s separation of powers, arguing that the president does not have the authority to direct changes to federal election procedures without congressional approval.
The judge’s decision was welcomed by far left Democratic groups who brought the lawsuit, groups that have long opposed voter identification requirements and citizenship verification. Critics argue these organizations prioritize ideological goals over election integrity.
The Trump administration is expected to appeal the ruling, setting up another legal battle over who controls election policy and whether basic citizenship verification is considered discriminatory by the courts.
Judge Kollar Kotelly is no stranger to controversy among conservatives. In 2024, she sentenced a 76 year old pro life activist to two years in federal prison for peacefully protesting outside an abortion clinic.
Paulette Harlow, an elderly grandmother, participated in a non violent protest in 2020. Court records show she did not injure anyone or cause property damage. Nevertheless, Kollar Kotelly imposed a harsh prison sentence that stunned many observers.
According to courtroom accounts, the judge openly mocked Harlow for her Christian faith and lectured her from the bench, actions critics say crossed the line from legal judgment into ideological hostility.
For many conservatives, Friday’s ruling reinforces concerns about an activist judiciary that appears willing to block voter integrity measures while showing leniency toward election vulnerabilities. As the 2024 election aftermath continues to reverberate through the courts, this latest decision is likely to fuel renewed calls for judicial accountability and stronger protections for American elections.




