COURTS
Federal judge rules against proof of citizenship voter registration requirement
New Mexico among 19 states that sued to block Trump's executive order
Published
Modified
A federal judge on Wednesday permanently barred President Donald Trump's administration from implementing an executive order that would have required people to show proof of citizenship when they register to vote.
The ruling is a victory for New Mexico and other Democratic states that filed a lawsuit last year to block implementation of Trump's March 2025 executive order requiring documentary proof of citizenship to register.
The order, issued by U.S. District Court Judge Denise Casper in Boston, makes permanent a preliminary injunction she issued in June 2025 that blocked implementation of the executive order.
鈥淏eing able to freely cast your vote is at the heart of our democracy, and I will continue fighting to protect that right for all New Mexicans,鈥� said state Attorney General Ra煤l Torrez, one of 19 attorneys general who filed the suit in April 2025.
鈥淭his was nothing more than an unconstitutional attempt by the president to seize control of our elections and circumvent the will of the people," Torrez said of the executive order.
Trump's order also would have prohibited states from counting mail-in ballots received after Election Day, even if they were postmarked in time. The order also threatened to withhold some federal funding to states that failed to comply.
Casper's order barred the administration from making federal funding to states conditional on compliance with the executive order.
Casper wrote in her 59-page order that the executive order violated separation-of-powers provisions of the U.S. Constitution, which gives states authority to regulate elections.
The Constitution "does not grant the President any specific powers over elections," Casper wrote.
In his statement, Torrez said that safe elections require collaborative policymaking rather than "abrupt federal mandates" that can disenfranchise eligible voters.
"By upholding the separation of powers, the court has protected the integrity of our electoral system and ensured that any significant changes to voting procedures must follow the proper legislative and constitutional pathways," Torrez said.
Other election battles
Trump's executive order 14248 is part of a raft of measures intended to tighten federal control over the election process in Democratic states.
On Wednesday, Trump abruptly canceled his expected signing of a federal housing bill, saying he won't sign the legislation until Congress approves his SAVE America Act, which would require people to show proof of citizenship to register.
In March, Trump signed an executive order attempting to set up a national list of eligible voters and directing the U.S. Postal Service to mail ballots only to voters included on the list. New Mexico and 22 other states filed a lawsuit in April to block implementation of that order.
New Mexico and other states also are contesting the Trump administration's demand that states turn over personal voting information to the federal government.
New Mexico in December joined a growing list of states sued by the U.S. Department of Justice for failing to turn over an electronic copy of New Mexico鈥檚 voter registration list, including names, dates of birth, addresses and other data.
Olivier Uyttebrouck covers the court system. You can reach him at olivier@abqjournal.com.
