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Appeals Court Upholds Injunction Blocking Trump’s Federal Voter-List Order

7/27/2026, 9:36:54 PM

Core Event

On July 25, 2026, the Boston-based First U.S. Circuit Court of Appeals issued a 2-1 decision that left in place a district-court injunction blocking key provisions of President Donald Trump’s March 31, 2026 executive order. The order would have required the Department of Homeland Security to compile “state citizenship lists” of eligible voters and directed the United States Postal Service to deliver mail ballots only to voters appearing on those lists. The ruling applies to the 23 states and the District of Columbia that sued, preserving the status quo for the November midterm elections.

Background & Context

President Trump signed the order as a safeguard against non-citizen voting. It tasked the director of U.S. Citizenship and Immigration Services and the commissioner of the Social Security Administration with creating the lists and instructed the USPS to withhold ballots from anyone not on a state’s list. Democratic-led states—including California, Massachusetts, Nevada and Washington—filed a lawsuit in Boston, arguing that election administration is a state and congressional responsibility. U.S. District Judge Indira Talwani granted a preliminary injunction on June 25, 2026, blocking the order in the plaintiff states.

Data & Statistics

Analyses cited by multiple outlets show that mail-ballot fraud is exceedingly rare. A Brookings Institution study of the 2016-2022 general elections found an average fraud rate of 0.000043 %—about four fraudulent cases per 10 million mail votes. The Heritage Foundation’s database recorded only 387 instances of absentee-ballot fraud nationwide since 1982.

Official Statements & Responses

  • The Justice Department said it is “reviewing all options” after the appellate ruling and expects the executive order to be upheld on appeal.
  • A USPS spokesperson declined to comment on whether the agency will proceed with the rulemaking in states not covered by the injunction.

Criticism & Opposition

Voting-rights advocates argue the order exceeds presidential authority and endangers voter participation. Daniel Griffith, senior director of policy at Secure Democracy USA, told ABC News, “I don’t think anything stops them from going through with the rulemaking and enforcing the rule in the states that aren’t covered by the Massachusetts injunction.”

On-the-Ground Reports

Election workers in Los Angeles County processed mail ballots on June 2, 2026, under existing state rules, illustrating that the injunction allows local officials to continue standard operations while litigation proceeds.

Conflicting Reports & Gaps

The appellate decision leaves open whether the USPS will implement the proposed rule in the 27 states not covered by the injunction. A federal appeals court in Washington, D.C., recently lifted a broader injunction, creating uncertainty about future USPS actions in those states. No agency has provided a definitive timeline for rulemaking, and the Justice Department has indicated it may seek Supreme Court review, but no filing has been confirmed.

Verbatim Quotes

  • “I don't think anything stops them from going through with the rulemaking and enforcing the rule in the states that aren't covered by the Massachusetts injunction,” — Daniel Griffith, senior director of policy at Secure Democracy USA

What’s Next

The Justice Department may appeal the First Circuit’s decision to the U.S. Supreme Court. Meanwhile, the 23 plaintiff states will continue to administer mail-in voting under existing state laws for the September primaries and the November midterms. Legal scholars expect the case to become a landmark precedent on the limits of executive authority over federal elections.