A federal appeals court has upheld a lower court’s injunction blocking President Donald Trump’s executive order to create a federal voter list and restrict mail-in ballot delivery. The ruling, handed down Saturday by judges of the 1st U.S. Circuit Court of Appeals in Boston, rejected the Trump administration’s effort to implement its mail-in voting restrictions across 23 U.S. states that have sued to challenge the order ahead of November’s midterm elections.
Trump issued the executive order in March, directing the Department of Homeland Security and the Social Security Administration to create a “state citizenship list” of eligible voters in each state. The order also instructed the U.S. Postal Service to deliver mail ballots only to people on those federally approved lists.
The three-judge appellate panel rejected the Justice Department’s request to suspend the lower court’s injunction while the administration pursues a full appeal. The judges ruled 2-1 in their decision, with the majority finding merit in the states’ legal challenge.
The original injunction was issued on June 25 by U.S. District Judge Indira Talwani, who determined that key portions of Trump’s order were unconstitutional. In blocking the order, Talwani ruled that the provisions creating a federal voter list and restricting mail ballot delivery “unconstitutionally violate the separation of powers.”
Trump has said the executive order is needed as a safeguard to keep noncitizens from voting. However, state election officials have argued the plan is ripe for abuse and could cause chaos in election administration. The case was brought by 23 Democratic-led states and the District of Columbia, including California, Massachusetts and Washington.
The appeals court gave significant weight to the tight timeline and pressing concerns outlined by the states. The judges noted that the executive order contained rapidly approaching deadlines requiring states to coordinate with federal officials and comply with new voting procedures even while preparing for the upcoming elections. States would need to understand and implement these changing rules for both September and November elections.
The appeals court also emphasized concerns raised by state election officials about the potential for intimidation. The Trump administration’s order could allow the Department of Justice to investigate and prosecute state and local officials who mail ballots to people deemed ineligible by the federal list. The appeals court found this particularly troubling, noting that state and local officials would naturally hesitate to act if they faced threats of criminal prosecution.
The court highlighted that any changes to ballot envelope designs and mail-in voting procedures would force states to incur significant monetary and operational costs. The Trump administration had argued these costs were not yet concrete because the Postal Service had not issued final rules, but the appellate judges found that argument unpersuasive, citing the summary judgment record showing that changes to mail ballot envelopes would necessarily impose costs on the states.
The Justice Department has indicated it may seek intervention from the U.S. Supreme Court if it does not prevail in its appeal to the 1st Circuit. The department argued in its emergency motion that the challenge to the order was premature because government agencies had not yet finalized all implementation details and policies. The appeals court rejected this reasoning, emphasizing that the immediate impact on the 2026 election cycle made the case ripe for judicial review.
This ruling is the latest setback for Trump’s broader effort to overhaul the nation’s election system. In the weeks leading up to the executive order, Trump has faced multiple court defeats on various election-related initiatives. A separate ruling in June blocked his earlier executive order requiring proof of citizenship to register to vote. In January, a federal judge dismissed the Justice Department’s lawsuit seeking access to Oregon’s voter rolls.
Trump has long criticized mail-in voting and has called for tighter voting restrictions. Following his 2020 election loss to Democrat Joe Biden, he has promoted false claims of widespread voter fraud. Election experts and research have consistently shown that voting by noncitizens is rare and is a felony punishable by deportation.
The timing of this case is significant because the November 2026 midterm elections will determine control of both the House and Senate. The injunction remains in place across the 23 states and the District of Columbia where the lawsuit was filed, preventing the Trump administration from implementing the federal voter list and mail-in ballot restrictions in nearly half the country.