Tag: proof of citizenship

  • Freedom in America Now Means Showing Your Papers

    On America’s 250th anniversary, Trump demanded new barriers between millions of citizens and the ballot.

    On Saturday night, Donald Trump stood on the National Mall as the country marked 250 years since the adoption of the Declaration of Independence. The setting was built for soaring language about freedom, representative government and the consent of the governed. Instead, Trump used part of his Independence Day address to demand that Congress pass the SAVE America Act.

    “All voters must show voter ID,” Trump said. “All voters must provide a little thing called proof of citizenship.”

    He also demanded an end to mail voting except for people who are ill, disabled, deployed with the military or traveling.

    The president celebrated American freedom by proposing that millions of Americans prove, in precisely the manner his government demands, that they are entitled to participate in it.

    The Paperwork Is the Barrier

    The House-passed SAVE America Act would require people registering to vote in federal elections to present documentary proof of citizenship. It would also impose a restrictive national photo identification requirement for casting a ballot and give the Department of Homeland Security access to state voter rolls. Trump has pressed Congress to add his sweeping mail-voting restrictions to that package. Reuters explained the legislation and Trump’s requested additions in March.

    Republicans describe this as a simple request to prove citizenship.

    It is not simple for everyone.

    Research conducted by the Brennan Center for Justice and its partners found that approximately 21.3 million voting-age American citizens do not have documentary proof of citizenship readily available. At least 3.8 million do not have those documents at all because they were lost, stolen, destroyed or never obtained. That is more than 9 percent of voting-age citizens.

    Those people are not noncitizens. They are American citizens whose paperwork is not sitting in a convenient folder waiting for the federal government to demand it.

    Millions of married women have birth certificates bearing a previous name. Younger voters and voters of color are less likely to have ready access to the required documents. The bill’s photo identification rules exclude student IDs and place additional restrictions on many tribal IDs. The Brennan Center found that the requirements would create barriers across age, race and geography.

    The difference between having a right and being able to exercise it is often paperwork, transportation, money and time.

    The SAVE America Act turns those obstacles into federal election policy.

    Kansas Already Tried This

    This is not a theoretical warning.

    Kansas enacted a documentary proof-of-citizenship requirement for voter registration in 2013. The law blocked more than 31,000 eligible American citizens from registering before federal courts struck it down.

    Kansas’s own expert estimated that the requirement prevented essentially zero noncitizens from voting. It still stopped tens of thousands of citizens from registering. The Supreme Court filing opposing Kansas’s appeal describes both the number of citizens affected and the absence of a corresponding fraud problem.

    That is what these laws do in practice. They do not surgically identify fraudulent voters. They create a paperwork checkpoint and reject eligible citizens who cannot pass through it quickly enough.

    The SAVE America Act would take that failed state experiment and scale it nationally.

    Mail Voting Is Not a Loophole

    Trump’s demand would also end broad access to mail voting, preserving it only for a narrow group of approved excuses.

    That would not be a minor adjustment.

    In the 2024 election, 29 percent of voters cast their ballots by mail, representing roughly 48 million people. USAFacts found that mail voting remained one of the three principal ways Americans participated in the election.

    Eight states and Washington, D.C., conduct elections primarily by mail: California, Colorado, Hawaii, Nevada, Oregon, Utah, Vermont and Washington. Active registered voters in those jurisdictions ordinarily receive ballots without first proving that they belong to a federally approved exception. The National Conference of State Legislatures documents how those systems operate.

    Trump’s proposal would make the ordinary voting system used by those states unavailable to most of their voters.

    That is not election security. It is the federal government ordering states to replace functioning election systems because the president dislikes the way their citizens vote.

    A Solution in Search of a Problem

    Noncitizen voting in federal elections is already illegal. Registration forms require applicants to affirm their citizenship under penalty of perjury, and states regularly maintain their voter rolls.

    More importantly, audits and investigations repeatedly find that noncitizen voting is exceedingly rare. The Associated Press reviewed state systems and available data and found isolated cases, not evidence of the widespread problem Republicans claim to be solving.

    The alleged threat is tiny.

    The proposed response would place new barriers between tens of millions of eligible citizens and the ballot.

    In security terms, this is a terrible control. It imposes enormous friction on legitimate users while doing little to address the actual threat. It does not harden the system. It locks people out of it.

    The Same Architecture

    Six days before Trump’s speech, the Supreme Court rejected an attempt to discard mail ballots that voters had completed and mailed by Election Day but that the Postal Service delivered afterward.

    Republicans could not persuade the Court to declare those ballots late.

    The administration was already pursuing another route through the Postal Service, proposing new data, barcode and mailing requirements for election offices.

    Then Trump stood on the National Mall and demanded the legislative version: proof-of-citizenship checkpoints, restrictive identification rules and an end to ordinary mail voting.

    Different mechanisms. Same design.

    Centralize control. Add dependencies. Increase the number of points where an eligible voter can be rejected. Call the result security.

    Freedom, With Conditions

    The Declaration of Independence says governments derive their just powers from the consent of the governed.

    Trump’s version comes with conditions.

    You may give that consent if your documents are available. You may give it if the name on your birth certificate matches the name you use today. You may give it if your identification appears on the government’s approved list. You may vote from home only if the federal government considers your reason good enough.

    The United States spent its 250th anniversary celebrating the idea that political power belongs to the people.

    Its president used the occasion to demand that fewer of them be allowed to exercise it.