DNC, Schumer Sue Trump Over Order Targeting Illegal Immigrant Voting

The order is unconstitutional, Democrats allege.

Senate Minority Leader Chuck Schumer (D-N.Y.) in Washington on March 13, 2025. Kayla Bartkowski/Getty Images

The Democratic National Committee (DNC) and two top U.S. lawmakers on March 31 sued President Donald Trump over a recent executive order that aims to enforce the law against illegal immigrant voting and election dates.

“The Executive Order seeks to impose radical changes on how Americans register to vote, cast a ballot, and participate in our democracy—all of which threaten to disenfranchise lawful voters and none of which is legal,” says the lawsuit, filed by Democratic Party attorney Marc Elias in federal court in Washington.

Trump’s March 25 order has multiple sections. Several deal with laws that bar foreigners from registering to vote or from voting in federal elections. Trump directed the independent Election Assistance Commission to require proof of U.S. citizenship in its mail voter registration form, ordered U.S. officials to work with the Department of Government Efficiency to review voter rolls to identify noncitizens who are already registered, and told the U.S. attorney general to prosecute individuals who have illegally registered or voted.

Another prong takes aim at how some states in recent years have begun counting mailed ballots that arrive after Election Day, which the order says contravenes federal law.

A third portion says the Election Assistance Commission shall stop providing federal funds to states that don’t comply with the laws on election dates and noncitizen voting and voter registration.

The U.S. Constitution’s election clause says that states can set election dates, although Congress can alter them.

“Outside of the Elections Clause, other provisions in the Constitution place certain requirements and limitations on the regulation of elections—but none allows the President to override the will of the States or Congress in this space,” the new suit states.

The legal challenge also says that the Election Assistance Commission is an independent agency over which the president, who appoints commissioners, has no control, and that federal law lets applicants who vote in federal elections attest to citizenship with a signature as opposed to requiring proof from documents such as a passport.

In addition to the DNC, Sen. Chuck Schumer (D-N.Y.), the top Democrat in the U.S. Senate, and Rep. Hakeem Jeffries (D-N.Y.), the top Democrat in the U.S. House of Representatives, are plaintiffs in the suit.

The Democrats are asking the court to declare that the order violates the Constitution and federal law and block U.S. officials, such as the attorney general, from implementing it.

“The Democrats continue to show their disdain for the Constitution and it continues to show in their insane objections to the President’s commonsense executive actions to require proof of U.S. citizenship in an effort to protect the integrity of American elections,“ Harrison Fields, a White House spokesman, told The Epoch Times in an email. ”The Trump administration is standing up for free, fair, and honest elections and asking this basic question is essential to our Constitutional Republic.”

Ahead of the 2016 election, Elias helped compile a dossier against Trump. He was named in a different order by Trump that directed officials to take action against lawyers who are violating laws and regulations.

Earlier Monday, several organizations filed a separate suit in the same court over the election order, outlining similar arguments.

“The president’s executive order is an unlawful action that threatens to uproot our tried-and-tested election systems and silence potentially millions of Americans,“ Danielle Lang, senior director of voting rights at the Campaign Legal Center, which is representing the groups, said in a statement. ”It is simply not within the president’s authority to set election rules by executive decree, especially when they would restrict access to voting in this way.”