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Trump's Citizenship List Plan Faces Legal Obstacles

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President Trump signed an executive order in March directing the Department of Homeland Security to create state-by-state citizenship lists, claiming they are necessary to prevent noncitizens from voting—a phenomenon his own administration has been unable to substantiate as widespread. During a recent court hearing, the Justice Department acknowledged the lists would likely be unreliable for determining voter eligibility.

The proposal faces significant practical obstacles. Unlike countries with national ID systems, the U.S. has no central citizenship registry. Only about 54 percent of Americans have passports, and naturalization records lack a unified database. At the hearing, an administration lawyer admitted "no list is ever going to be perfect."

Democratic-led states and voting rights groups have sued to block the order, arguing it violates the Privacy Act of 1974—which prohibits agencies from sharing records without consent—and that the Constitution does not grant the executive branch explicit authority over elections. The effort follows Trump's attempt to revise birthright citizenship, now pending before the Supreme Court.