The U.S. Department of Homeland Security will allow states to access federal citizenship data by June 30 and plans to monitor the flow of mail ballots for signs of voter fraud, according to a court document.

Amid a series of lawsuits, President Donald Trump’s administration is now moving to carry out a March 31 executive order restricting voting by mail ahead of the November midterm elections.

Democrats and voting rights advocates oppose the directive as unconstitutional election meddling by Trump and have sued to stop him. The president, who has long attacked mail ballots but votes by mail himself, says the additional rules will fight noncitizen voting, a rare phenomenon.

“No president has the authority to unilaterally rewrite election rules or dictate how states administer their elections,” Marcia Johnson, chief of activation and justice at the League of Women Voters, said in a statement last week. The League of Women Voters filed one of at least five lawsuits challenging the order.

Potential disruptions

The order could carry major consequences for the midterm elections. Any new restrictions on mail ballots would risk disrupting how tens of millions of voters cast their ballots. About 30% of voters cast mail ballots in 2024, according to data gathered by the U.S. Election Assistance Commission.

But despite several legal challenges, the order remains in effect. 

A federal judge in Washington, D.C., in late May ruled against a request by Democratic groups to pause the order, finding that it was too soon to weigh in because federal officials hadn’t taken enough action yet. A second judge in Massachusetts held a hearing last week, but didn’t immediately issue a decision.

“The Trump Administration will continue fighting for the safety and security of American elections,” White House spokesperson Abigail Jackson said in a statement shortly after the D.C. judge’s decision.

One portion of the order demands the postmaster general enact new restrictions on mailed ballots and not transmit ballots from states that refuse to provide the names of absentee voters. The U.S. Postal Service, despite its status as an independent corporation, has put forward a proposal in line with the order to require states to submit lists of voters before mailing ballots.

Now, Homeland Security is responding to another part of the order that requires the creation of lists of voting-age citizens in every state, which the Trump administration calls “state citizenship lists.” State election officials would receive the lists, which they could compare to their voter rolls in a search for noncitizen voters.

Homeland Security’s plans for the citizenship lists came into focus on June 5, when the U.S. Department of Justice filed a notice in federal court that briefly outlines the administration’s plans. The notice describes a two-part effort by Homeland Security and its subsidiary agency, U.S. Citizenship and Immigration Services, to comply with the order.

First, Homeland Security will implement a “State Voter Roll Verification” that allows state election officials to submit their voter rolls to the Systematic Alien Verification for Entitlements, or SAVE, system. 

SAVE is a powerful computer program that checks names against citizenship information held in a variety of government databases. It can flag registered voters as possible noncitizens, but faces criticism for incorrect identifications.

For the past year, states have already had the option to upload their voter rolls into SAVE. Some Republican-led states, such as Indiana, Texas and Wyoming, have used the system, while Democratic states have declined. It’s unclear how the State Voter Roll Verification would be different, if at all, from states’ current SAVE access. 

Homeland Security and U.S. Citizenship and Immigration Services didn’t respond to questions from States Newsroom.

Second, the Justice Department notice says Homeland Security will set up a registry for state election officials to securely access “citizenship-related data” from USCIS, the Social Security Administration and the State Department.

According to the notice, the “underlying data would remain in each agency’s respective system.” No other details were provided.

The notice also outlines Homeland Security’s intention to use the lists of voters that states provide to the Postal Service for investigations. It says DHS wants to “integrate” data on those voters “to monitor mail-in and absentee ballot flows, identify anomalies that may suggest voter fraud or misuse, and generate authorized investigative leads.”

California elections

The notice comes as Trump renews his attacks on mail-in voting. Last week he alleged, without evidence, voter fraud in California, which held primary elections last week. California relies heavily on mail ballots and often counts votes at a slow pace — meaning final results sometimes don’t match election night vote totals.

“Do you know why they’re doing that? Because they’re cheating on the election,” Trump said in an interview on NBC’s “Meet the Press.”

While the executive order already faces a slew of lawsuits, the NAACP on June 3 filed a motion in federal court seeking to specifically block the Postal Service’s proposed regulations of mail ballots. The NAACP alleges the regulations violate a 2021 settlement agreement that requires timely delivery of election mail to all voters. 

The Postal Service has until Thursday to respond.

The American Postal Workers Union in a statement on June 5 denounced the executive order, saying the Postal Service serves all Americans. It is “not a tool for politicians” to pick which Americans receive which benefits, the union said.

“The Executive Order is an unconstitutional attack on the millions of Americans who vote by mail,” the union said, “and another front in an ongoing assault on voting rights in the United States of America.”

WASHINGTON — Homeland Security Secretary Markwayne Mullin appeared before the U.S. Senate Appropriations Homeland Security panel Tuesday and defended his threats to cripple international air travel into some cities led by Democrats.

Democratic senators on the panel also pressed Mullin about aggressive immigration tactics from federal officers; whether the department would follow court orders from federal judges; and his recent televised comments floating plans to pull customs employees from airports in cities that don’t cooperate with federal immigration enforcement.

Republicans also probed Mullin about visa issues affecting rural hospitals and employers in the hospitality industry.

It was the first time Mullin, who was advocating for President Donald Trump’s fiscal 2027 budget request, has appeared before Congress since the Senate confirmed his nomination to lead the Department of Homeland Security in March. 

The top Democrat on the panel, Chris Murphy of Connecticut, asked Mullin if DHS would implement court orders from federal judges. 

Mullin did not answer the question, but said he would “never break the Constitution.” 

Murphy pressed him several more times, but Mullin only argued that some judges make a “political opinion from the bench.”

“If we didn’t think the courts were politicized then I’d be able to answer that,” he said.

Airspace in ‘chaos’?

Murphy criticized Mullin’s first few months in his role, citing repeated statements he would suspend arrivals of international flights to cities and states that are governed by Democrats. 

“Not only would that throw our airspace into chaos, it’s illegal,” Murphy said. “Do not ask us to fund an agency that makes up its own laws.”

Mullin pushed back on Murphy’s characterizations, calling them “outlandish claims” that “are flat wrong.”

“What’s unconstitutional that we’re doing?” Mullin said. “We’re doing the job that Congress gave us.”

Mullin said in interviews on Fox News and Newsmax last week that he was considering a plan to remove customs officers from airports in cities that do not cooperate with federal immigration enforcement.

“Listen, these sanctuary cities where the local radical left Democrats aren’t allowing us to do our job and enforce federal laws, then we shouldn’t be processing international flights into their cities, either,” he told Fox’s Sean Hannity May 26.

The move would severely harm customs processing. 

The top Democrat on the full Appropriations Committee, Sen. Patty Murray of Washington, said it would be “insane.”

“It is not only dangerous but would spell economic crisis for blue and red states,” Murray said.

Kilmar Abrego Garcia

Maryland Democratic Sen. Chris Van Hollen brought up the high-profile case of Kilmar Abrego Garcia, the Salvadoran immigrant who was wrongly deported to a brutal mega-prison in El Salvador last year. Abrego Garcia fought to be returned to the United States, where the Trump administration continues to try to deport him.

Van Hollen asked Mullin if he was aware that Abrego Garcia has agreed to be removed to Costa Rica, and that Costa Rica will accept him.

Mullin said he was not aware of that. 

In a federal court in Maryland, Abrego Garcia is challenging the Trump administration’s efforts to remove him to several African countries, rejecting his offer of moving to Costa Rica. 

Abrego Garcia’s wrongful deportation cast a national spotlight on the Trump administration’s aggressive deportation campaign. Several courts ruled his deportation illegal and the Supreme Court ruled Abrego Garcia should be returned to the U.S., but stopped short of requiring it. 

The Justice Department indicted Abrego Garcia on human-smuggling charges stemming from a 2022 traffic stop, but a federal judge in Tennessee last month found the move to be vindictive and dismissed the charges. 

Prior to the charges being dismissed, the Justice Department offered for Abrego Garcia to be removed to Costa Rica if he were to plead guilty to those initial charges. He refused. Since then, the Trump administration has tried to remove him to Eswatini, Liberia and Uganda.

Van Hollen told Mullin that Abrego Garcia had agreed to be deported to Costa Rica. 

“Great. If he’s willing to do that, we’ll send him,” Mullin said.

Visa restrictions

Appropriations Committee Chair Susan Collins of Maine asked Mullin about two visa programs, H-1B for high-skill workers and H-2B for seasonal workers. She said the newly imposed visa fee for highly skilled workers the Trump administration placed – $100,000 – is impacting rural hospitals in her state. 

She asked Mullin if the Trump administration would consider making a carveout for healthcare workers on a H-1B visa. 

Mullin said DHS has looked into that issue, but said his ability to address it was limited.

“To have a carveout would be difficult,” he said. “We still have to do our due diligence.” 

Collins asked Mullin if DHS would consider reinstating a visa policy that allowed repeat seasonal workers to not be included in the annual cap for H-2B visas. 

Mullin said his hands were tied and said Congress would have to give him a higher cap.  

New Hampshire Democratic Sen. Jeanne Shaheen asked Mullin for a followup on visa processing for international students on F-1 visas, citing her state’s New England College as an example. 

“Without approval by July 1 they will lose 2,000 graduate students,” she said.

Mullin said he had looked into the issue and alerted U.S. Citizenship and Immigration Services, the agency that processes legal immigration paperwork. DHS is “working on it,” he added.

“There’s some real urgency,” Shaheen said. 

In its latest effort to narrow pathways to immigration to the United States, the Trump administration says it will crack down on attorneys who file fraudulent asylum claims for their clients.

The U.S. has long granted asylum to people who are unable or unwilling to return to their home countries because they have been persecuted, or fear persecution, based on their race, religion, nationality, social group or political opinions.

In a directive it issued on Tuesday, the U.S. Department of Homeland Security instructed U.S. Immigration and Customs Enforcement to develop anti-fraud policies and to take action against immigration attorneys who file false asylum claims in an immigration court.

James Percival, Homeland Security’s general counsel, said “it is standard practice for immigration attorneys representing illegal aliens to assert that virtually every illegal alien is going to be persecuted or tortured in his or her home country.”

“Historically, ICE has depended on the discipline of immigration judges and the enforcement of criminal fraud laws to deter this conduct, but ICE has its own tools,” Percival said in a statement. “Now, thanks to this directive, ICE attorneys have greater authority to enforce the law and stop the abuse of our asylum system by illegal aliens and attorneys.”

The limited available data suggests that asylum fraud is extremely rare. A 2015 report by the Government Accountability Office found that as asylum applications increased during the early 2010s, the terminations of asylum status due to discovered fraud declined, from 103 in 2010 to 34 in 2014.

U.S. Citizenship and Immigration Services granted asylum to a total of 76,122 people during that period and terminated asylum status for 374 of them because of fraud.

The administration’s new anti-fraud directive comes one month after a federal appeals court struck down an executive order by President Donald Trump that sought to close the U.S. border to asylum-seekers.

A panel of the District of Columbia U.S. Circuit Court of Appeals ruled that Trump’s executive order, which he issued on the first day of his second term, and subsequent administration guidance to turn back asylum-seekers without a court hearing were “unlawful” and “cast aside federal laws affording individuals the right to apply and be considered for asylum.”

Stateline reporter Shalina Chatlani can be reached at schatlani@stateline.org.

The leader of U.S. Immigration and Customs Enforcement admitted that he had never even heard of some of the countries his agency has been deporting immigrants to.

“Now we are actually removing people to countries that I didn’t even know existed,” Acting ICE Director Todd Lyons said during a panel discussion at the 2026 Border Security Expo in Phoenix, speaking of the third country deportation program in which the administration has sent immigrants to African nations they have no ties to. 

Lyons added that the third country deportation program has been “a huge game changer” in implementing President Donald Trump’s mass deportation agenda. 

Lyons was one of a series of Trump administration speakers, including “border czar” Tom Homan, who spoke Tuesday, and interim U.S. Attorney General Todd Blanche, who will be giving the event’s keynote speech on Wednesday. 

Lyons, who will be resigning at the end of this month, made the comment during a “State of the Border” panel discussion. Last year, Lyons used the session to declare that ICE’s goal was to deport millions of people with the efficiency that Amazon delivers packages. 

During last year’s event, Homan and other speakers told the military industrial complex representatives in the crowd that the Trump administration is depending on the private sector to implement its mass deportation agenda. 

That message remained largely unchanged this year, though Lyons and others also took aim at the public perception of the enforcement actions which have led to nearly two-thirds of Americans saying ICE has gone too far. 

Homan claimed that those who work for the U.S. Department of Homeland Security, ICE and similar agencies have been “vilified by the media” and members of Congress, taking particular offense to comments made by elected officials comparing their actions to Nazi Germany. 

Homan said that ICE is just “enforcing the laws” written by members of Congress and called those remarks the “ultimate insult.” 

The rampant use of violence by immigration agents, including the shooting deaths of two American citizens in Minneapolis earlier this year, has been well documented on social media and in the press.

Homan also went on to falsely claim that ICE has not arrested individuals in churches or at hospitals. There have been multiple reports of recent immigration enforcement activity at churches as well as at hospitals. The Trump administration in 2025 rolled back federal protections that designated hospitals as protected areas where ICE could not do enforcement actions. 

On those enforcement actions, Homan said that more are coming. He said he had been speaking with Homeland Security Secretary Markwayne Mullin, who has agreed to hire more deportation officers. 

“You ain’t seen shit yet,” Homan said to applause and cheers from the crowd. “This is going to be a good year.” 

Homan also claimed that New York will be seeing more ICE agents due to a proposed law that would ban police in the Empire State from entering into 287(g) agreements with ICE. Such agreements leverage local resources to do the investigative legwork for federal immigration agents and increase deportation rates. 

“We’re going to flood the zone. You’re going to see more ICE agents than you’ve seen before,” Homan said of New York if they pass such a law, claiming that it would make the state less safe and make it harder for ICE to do its job. “You forced us in this position.” 

During the “State of the Border” panel in which Lyons participated, officials lauded the Trump administration for letting them “do the work” and touted the low number of illegal border crossings that have occurred under the second Trump administration. 

U.S. Customs and Border Protection Commissioner Rodney Scott also spoke directly to “any illegal aliens out there.” 

“We’re going to go find your entire family, your entire network. Anybody you spoke to on the phone. We’re going to take out that entire network,” Scott said, adding that one arrest at the border can lead to multiple arrests inside the United States of other individuals. 

Both Scott and Lyons also shot back at a question asked by a member of the audience who asked for them to respond to reporting by ProPublica that found more than 170 U.S. citizens have been arrested by immigration agents.

“We don’t arrest U.S. citizens, we arrest criminals. Period,” Scott said, adding that any U.S. citizen they do arrest is likely a criminal and that they are overseen by the Office of the Inspector General and FBI. Lyons made a similar statement. 

The Trump administration has gutted the OIG and DHS itself has reportedly been obstructing the work of the OIG in recent months. ICE has also arrested U.S. citizens during enforcement actions who were often later released without being charged with a crime. 

A small group of protesters showed up to the event Tuesday. Among them was Democratic U.S. Rep. Yassamin Ansari.

On the show floor, vendors hawked their wares to Border Patrol agents, Homeland Security Investigations agents and local law enforcement that were seen by the Arizona Mirror walking the floor. 

A large majority of this year’s vendors focused on camera platforms, some meant to provide persistent surveillance and others meant to be placed at ports of entry to scan faces in cars in real time. 

Also present were a number of vendors aiming to integrate artificial intelligence with workbook systems or camera platforms. 

Two of the most prevalent forms of tech at the expo this year were drones and technology to counter them. 

But it wasn’t just surveillance technology and military grade tech meant for the border at the expo. 

One piece of equipment shown to the Mirror was the “Upper Hand Glove” by On Point Solutions. It is a wearable metal detector in the form of a glove meant to streamline the metal detection process. 

Also present at the expo were companies looking to cash in on transporting detained immigrants as well as housing them. 

The Mirror examined the list of companies set to be in attendance to highlight some of the key trends as well as noteworthy companies seeking the attention of the government officials.  

Some have ties to Trump and his allies, such as Andruil Industries, which is tied to Trump ally Palantir.