Overview
- U.S. District Judge Carl Nichols denied a request for a preliminary injunction on May 28, 2026, ruling the challenge was premature because agencies have not yet acted to implement the March 31 executive order.
- The order directs the Department of Homeland Security and the Social Security Administration to compile state-by-state lists of confirmed U.S. citizens and instructs the U.S. Postal Service to limit mail‑ballot delivery to voters on state lists while requiring states to retain election records for five years.
- Nichols based his denial on ripeness and the absence of imminent harm and expressly said plaintiffs may return to court if the government issues citizenship lists or the Postal Service adopts a rule that harms voters.
- Critics warn the plan raises constitutional and administrative questions because state law, not the president, traditionally governs federal election rules and because federal data systems like SSA and DHS records can be outdated or incomplete and risk excluding eligible voters.
- Several related lawsuits remain pending, including a Boston case with hearings scheduled in early June, and the administration says agencies are still deliberating implementation which means changes could still affect access to mail voting ahead of the November 2026 midterms.