Mail Voting Lawsuit Moves Forward: What Immigrants Must Know
A federal judge in Boston just ruled that major lawsuits against Trump's mail voting order can move forward — and could block it before November's midterm elections. The order bans the US Postal Service from delivering ballots to millions of voters not on a federal government list. For immigrants who are US citizens, this could mean their ballot never arrives. For those who are not citizens, the confusion around this order carries serious risks.
Federal Judge Lets Mail Voting Lawsuits Move Forward
A federal judge in Boston ruled that lawsuits challenging President Trump's executive order on mail voting can move forward. US District Judge Indira Talwani said the cases could not wait because Trump's order could directly affect the upcoming November midterm elections. The ruling opens the door for the judge to block the order before Election Day.
Officials from 23 Democratic states and Washington DC sued in April to stop the order. They argue it is unconstitutional because it interferes with each state's right to run its own elections. Trump signed the order in March. It bans the US Postal Service (USPS) from delivering mail ballots to anyone not on a federal list approved by the Department of Homeland Security (DHS).
Immigration Policy Checklist — Free
DACA, TPS, Executive Orders: what to monitor
The USPS is now building a new system to track mail ballots. It also proposed a rule that would require states to hand over the names and barcodes linked to every mail-in ballot for federal elections. The public comment period on that proposed rule closed on July 2, 2026. More than 14,000 comments have already been submitted. If the rule is finalized, it could affect millions of voters — including naturalized citizens and green card holders who are eligible to vote.
Why This Matters for Immigrants
Nearly one in three Americans voted by mail in 2024. For many immigrants who became US citizens — and for people in mixed-status families — mail voting is often the most accessible option. If the USPS rule takes effect, a citizen could be removed from the federal voter list without warning, and their mail ballot may never arrive. This is not a hypothetical risk: the lawsuits argue the order is already creating confusion ahead of the midterms.
What to Do
- If you are a US citizen, check your voter registration status now through your state's official election website. Do not assume you are still registered.
- The public comment period on the USPS proposed rule closed on July 2, 2026; comments at regulations.gov were open to everyone, including non-citizens.
- If you are in the naturalization process (applying to become a US citizen, called Form N-400), ask your immigration lawyer how the new federal voter list could affect your future voting rights.
- If you are a green card holder or on a work permit (EAD — Employment Authorization Document), do NOT attempt to vote. Only US citizens can vote in federal elections. Voting as a non-citizen can lead to deportation and removal proceedings.
Fishkin Law Firm, New York
If you are a naturalized citizen and your mail ballot does not arrive, go to your polling place in person and request a provisional ballot — federal law gives you that right. Non-citizens, including green card holders and EAD holders, must never vote in federal elections; even an accidental registration can be used as grounds for deportation or denial of a future green card or citizenship application. If you received any voter registration materials by mistake or are unsure whether you are on the federal voter list, speak with an immigration attorney before taking any action.
Frequently Asked Questions
Can I vote by mail if I am a naturalized US citizen?
Yes, naturalized citizens have the same voting rights as any other US citizen. However, because of Trump's executive order, your mail ballot may not be delivered if you are not on the new federal voter list. Check your state's election website and consider voting in person as a backup.
What happens if I vote and I am not a US citizen?
Voting in a federal election as a non-citizen is a serious crime. It can lead to deportation (removal from the US), a permanent bar from getting a green card, and denial of any future citizenship application. Green card holders, DACA recipients, TPS holders, and visa holders must not vote.
What is the USPS proposed rule and how do I comment on it?
The USPS proposed rule would require states to share the names and ballot barcodes of all mail-in voters with the postal service. The USPS would then only deliver ballots to people on the federal government's approved voter list. Anyone — including non-citizens — could submit a public comment at regulations.gov before July 2, 2026.
Could this executive order affect my immigration case or green card application?
The order itself targets mail voting, not immigration status directly. But if a non-citizen accidentally registers to vote or votes because of confusion around this order, it can seriously damage a green card application or naturalization case. If you received voter registration materials and are not a citizen, talk to an immigration lawyer before doing anything.