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"Congressional Republicans' anti-voting legislation is a power grab to silence the voices of American citizens—full stop," said one advocate.
The U.S. House's passage of a bill on Thursday that would require Americans to prove their citizenship with documentation when they register to vote was the Republican Party's response to the fact, said one progressive critic, that "every day more people are catching on to their big grift."
"H.R. 22 is how they plan to keep themselves in power," said Maurice Mitchell, national director of the Working Families Party, of the so-called Safeguard American Voter Eligibility (SAVE) Act. "Not by making life easier for working people, but by making voting harder."
The bill, proposed by Rep. Chip Roy (R-Texas), would require all Americans to present a passport or an original copy of their birth certificate in person when they register to vote and update their voter registration—purporting to combat what Republicans have falsely claimed is a "problem that affects voters in nearly all 50 states": that of noncitizens voting in federal elections.
With noncitizens already barred from voting in federal elections, numerous analyses have found that very few ballots have ever been cast by people who aren't U.S. citizens. The Brennan Center for Justice found that noncitizens were suspected of casting just 30 votes out of 23.5 million in 2016—or 0.0001% of all votes cast.
But the Brennan Center was among many rights advocacy groups warning Thursday that more than 21 million Americans don't have easy access to their birth certificates or a passport, and could be disenfranchised by the SAVE Act.
"The House has just passed one of the worst pieces of voting legislation in American history," said Michael Waldman, the group's president and CEO. "The Senate must stop it. The SAVE Act would put voting out of reach for millions of American citizens. It should not become law."
According to Public Citizen, the SAVE Act has the potential to stop tens of millions of Americans from voting.
About 146 million citizens don't have a passport—nearly as many as the 153 million people who voted in the 2014 presidential election, Public Citizen noted.
The bill could also disenfranchise up to 69 million women and 4 million men who have changed their names after marrying, as they wouldn't be able to use their birth certificates showing their names at birth to prove their citizenship.
Voters in states including West Virginia, Mississippi, Alabama, Arkansas, Kentucky, Louisiana, and Oklahoma, where less than one-third of citizens have a valid passport, could be most impacted by the SAVE Act's requirements.
"The SAVE Act is an assault on a fundamental American freedom—our ability to vote," said Gilbert. "A set of eligible voters who were able to participate in past elections—some who have been registered for decades—will now be unable to cast their ballots."
Along with making voting harder for people in rural areas, naturalized citizens, low-income voters, Native Americans, first-time voters, and people of color—many of whom lack easy access to citizenship documents—the SAVE Act would end voter registration drives, upend online voter registration systems that are used in 42 states, and make it harder for voters to register by mail. States would also be required to establish programs to purge existing voter rolls.
President Donald Trump and the Republicans, said Mitchell, "want to weaken the opposition to their pro-billionaire agenda, even if that means taking away our freedom to vote. But we refuse to be silenced, and we will do everything in our power to stop their shameless power grab."
Four Democratic House members—Reps. Jared Golden (D-Maine), Marie Gluesenkamp Perez (D-Wash.), Henry Cuellar (D-Texas), and Ed Case (D-Hawaii)—joined the Republicans in supporting the legislation.
Common Cause denounced the four Democrats for their vote "to suppress the vote of millions of Americans."
Common Cause president and CEO Virginia Kase Solomón said the SAVE Act should be called "what it is: a modern-day poll tax."
"If this bill becomes law, millions of hardworking Americans will have to either shell out money getting the right papers to prove their citizenship or have no say in the next election for Congress and president," said Kase Solomón.
The point of the bill, she said, is "to make it so difficult to vote that many people will give up on voting all together."
In the Senate, Sen. Mike Lee (R-Utah) introduced a companion bill earlier this year. The GOP, which holds 53 Senate seats while the Democrats hold 47, would need Democrats to join them to overcome the 60-vote filibuster threshold in order to pass the bill.
"Every U.S. senator who cares about protecting our right to the ballot must vote down this poll tax in any form," said Kase Solomón. "Common Cause and our 1.5 million members will make sure every senator hears from the people that this bill is dead on arrival."
Tony Carrk, executive director of the government watchdog group Accountable.US, said the SAVE Act also "paves the way to toss out legal votes and undermine election results that [the Republicans] don't like."
"Congressional Republicans' anti-voting legislation is a power grab to silence the voices of American citizens—full stop," said Carrk. “Donald Trump, Elon Musk, and their allies in Congress are attacking voting by threatening Americans' ability to vote by mail, allowing Musk's [Department of Government Efficiency] to access sensitive personal information, and kneecapping states' ability to run free and fair elections."
"It should send a chill down the spine of every American," he said.
"The single most un-American and anti-constitutional statement ever uttered by an American president."
Fears that the United States is in the midst of a constitutional crisis—or something significantly worse—intensified Saturday after President Donald Trump wrote in a social media post that "he who saves his country does not violate any law," a variation of a quote attributed to Napoleon Bonaparte.
Trump's post on X—the platform owned by billionaire shadow government leader Elon Musk—came as his administration continued its sweeping and destructive assault on the federal government and workforce, running roughshod over the law in the process.
Trump's post Saturday was the latest brazen signal that the president doesn't recognize limits on his authority to impose his far-right agenda.
New York Times columnist Jamelle Bouie called Trump's message "the single most un-American and anti-constitutional statement ever uttered by an American president."
Since taking office less than a month ago, Trump and Musk have moved aggressively to dismantle federal agencies and remove any officials who could shine light on or obstruct their efforts.
Trump, his handpicked Cabinet officials, and Musk have also disregarded or openly attacked the other two co-equal branches of government, accusing judges who have moved to halt or limit the new administration's actions of being Democratic partisans.
In some cases, the Trump administration has actively defied rulings from federal courts, an alarming indication of what's to come.
Yasmin Abusaif and Douglas Keith of the Brennan Center for Justice noted Friday that "the last time the United States saw widespread open defiance of court orders by elected officials was when governors in Southern states refused to integrate their schools after the Supreme Court ruled against segregation in public education in Brown v. Board of Education."
"President Dwight Eisenhower—though he was no fan of the court's decision—ultimately dispatched troops to the South to help enforce the ruling, saying, 'The Supreme Court has spoken and I am sworn to uphold the constitutional process in this country, and I will obey,'" Abusaif and Keith continued. "The governors' efforts to defy court orders are widely acknowledged as one of the most shameful periods in U.S. history."
Frank Bowman, a law professor and former federal and state prosecutor, wrote for Slate last week that "with each passing day, the practical ability of the courts to stop, or even materially hinder, the catastrophe diminishes."
"If Trump successfully defies the courts," Bowman added, "the only remaining obstacle to dictatorship will be public revulsion, national popular protest, and the hope that such a reaction would cause Trump to retreat and, at long last, recall some fraction of the Republican Party to its constitutional duty."
"Mass deportations aren't just inhumane," one congresswoman said. "Trump has a recipe for economic disaster. Farmers, workers, and consumers... all pay the price."
Migrant rights advocates on Monday sharply criticized U.S. President-elect Donald Trump after he confirmed plans to declare a national emergency and use the military to pursue his long-promised mass deportations, despite legal and logistical barriers.
Shortly after Trump's electoral victory earlier this month, Tom Fitton, president of the right-wing group Judicial Watch, welcomed reports that the incoming administration is "prepared to declare a national emergency and will use military assets to reverse the Biden invasion through a mass deportation program."
Fitton's post was on Trump's platform, Truth Social. The president-elect responded early Monday, simply saying, "TRUE!!!"
While Trump didn't provide additional details on Monday, fearmongering about immigrants has been a priority for the president-elect since he entered politics during the 2016 cycle and recent reporting has previewed what could come when he returns to the White House after campaigning on a pledge to "launch the largest deportation program in American history."
In the latest elections, Republicans retained control of the U.S. House of Representatives and reclaimed a Senate majority, but Democrat Yassamin Ansari had a decisive win in Arizona's 3rd Congressional District. She said Monday that "Trump's plan to use the military to aid mass deportation is abhorrent and hateful, and will directly impact many of my constituents in AZ-03. Using the world's strongest military to target the most vulnerable community is not leadership, it's abuse of power."
Vanessa Cárdenas, senior director of communication for America's Voice, similarly said in a statement that "Trump continues promoting anti-immigration hate and is using it as an excuse to appropriate the military for domestic law enforcement and circumvent normal checks and balances on presidential power."
Cárdenas continued:
Trump and allies are attempting to justify their potential use of the military to conduct indiscriminate mass raids and roundups by wrapping it in the language of 'invasion' and the false notion that America is under assault, and it must be repelled by force. Yet just because Trump and allies have spent recent years normalizing this idea and making this assertion doesn't make it any less radical. Let's be clear, this is the adoption of a white nationalist conspiracy theory, already linked to multiple deadly acts of gun violence against civilians, which is driving federal policy and Republican agendas.
Despite the martial language and emphasis on the border and recent arrivals, make no mistake that the Trump team is planning to target long-settled immigrants and mixed-status families as part of their mass deportations. Having legal status and even citizenship is not necessarily a shield of protection. Their pledges to end immigration enforcement priorities, while making as many people as possible deportable, is a disturbing tell that their definition of 'criminal' will look fundamentally different from most Americans' conceptions. Perhaps most disturbingly, the resulting fear and cruelty that will be on display is likely a feature and not a bug to those in charge.
Pointing to Trump's previous term, Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, said Monday that "my lesson from the first time around is that we absolutely cannot take things that the Trumpworld people say as gospel, given their total lack of specifics and total willingness to make grandiose pronouncements that are aimed at triggering the libs and making headlines."
"The National Emergencies Act is a specific law which unlocks specific authorities to do specific things—a president doesn't declare a national emergency and then become king. And 'use the military for deportations' isn't one of those specific things," he highlighted, citing the Brennan Center for Justice guide on emergency powers.
Reichlin-Melnick acknowledged that "last time, Trump invoked a specific emergency authority to unlock military construction funding—and direct more troops to do logistical support at the border" with Mexico.
The New York Timesreported Monday that during the Republican primary campaign, "Mr. Trump's top immigration policy adviser, Stephen Miller, said that military funds would be used to build 'vast holding facilities that would function as staging centers' for immigrants as their cases progressed and they waited to be flown to other countries."
Miller—architect of the forced family separation program from Trump's first term—is set to serve as deputy chief of staff for policy in the next administration. The president-elect has also named other immigration hard-liners for key posts: Tom Homan, former acting director of Immigration and Customs Enforcement (ICE), as "border czar" and GOP South Dakota Gov. Kristi Noem for homeland security secretary.
"Mr. Miller has also talked about invoking a public health emergency power to curtail hearing asylum claims," according to the Times. Trump's team also plans to "expand a form of due-process-free expulsions known as expedited removal" and "stop issuing citizenship-affirming documents, like passports and Social Security cards, to infants born on domestic soil to undocumented migrant parents."
Additionally, the newspaper noted, Trump intends to bolster the ICE ranks "with law enforcement officials who would be temporarily reassigned from other agencies, and with state National Guardsmen and federal troops activated to enforce the law on domestic soil under the Insurrection Act."
Joseph Nunn, a counsel in the Brennan Center's Liberty and National Security Program, explained in 2022 that "although it is often referred to as the 'Insurrection Act of 1807,' the law is actually an amalgamation of different statutes enacted by Congress between 1792 and 1871" to enable "the president to deploy military forces inside the United States to suppress rebellion or domestic violence or to enforce the law in certain situations."
Congresswoman Ilhan Omar (D-Minn.) on Monday expressed concern about Trump's potential use of another law enacted in 1978.
"Donald Trump plans to declare a national emergency and utilize the Alien Enemies Act to conduct mass deportations," Omar, a war refugee, said on social media. "This xenophobia and cruelty shouldn't be allowed in America. We are going to fight it every step of the way."
As Nunn's Brennan Center colleague Katherine Yon Ebright detailed last month, the law "allows the president to detain or deport the natives and citizens of an enemy nation," and although "enacted to prevent foreign espionage and sabotage in wartime, it can be—and has been—wielded against immigrants who have done nothing wrong, have evinced no signs of disloyalty, and are lawfully present in the United States."
While Trump and his allies have prepared to use any powers they can to deport the estimated 11 million undocumented immigrants in the United States, rights advocates and reporters have warned of the consequences of their plans for not only those people, but also 20 million mixed-status families and citizens who would suffer from the economic consequences.
As Mother Jones' Isabela Dias recently laid out, mass deportations would have major negative impacts on care, food, and infrastructure while enriching charter flight operators, consulting firms, private prison companies, and surveillance contractors.
Congresswoman Jasmine Crockett (D-Texas) issued a warning after Trump's Monday post, declaring that "this will hurt all of us."
Spotlighting a Monday report in the Milwaukee Journal Sentinel, Rep. Gwen Moore (D-Wis.) similarly stressed that "mass deportations aren't just inhumane—they'd devastate America's agricultural industry. Combined with his tariffs, Trump has a recipe for economic disaster. Farmers, workers, and consumers... all pay the price."