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A coalition of Asian American civil rights groups has asked the U.S. Supreme Court to block President Donald Trump's executive order on mail-in voting.

The coalition filed an amicus brief on Aug. 3 urging the court to reject the Trump administration's request.

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The filing comes after a federal court blocked key provisions of Executive Order 14399, prompting the Trump administration and several intervening states to ask the Supreme Court to allow the order to take effect while legal challenges proceed.

The coalition was led by Asian Law Caucus, the Asian American Legal Defense and Education Fund (AALDEF), Asian Americans Advancing Justice–Atlanta, the Missouri Voter Protection Coalition, the South Asian American Justice Collaborative (SAAJCO), and Common Cause.  

The Asian American organizations argued that the order would undermine mail-in voting, interfere with state election administration, and create confusion for voters by authorizing the federal government to implement "state citizenship lists" and alter mail ballot distribution procedures before the courts determine its legality.

“This Executive Order is a naked attempt to keep too many Americans from voting. Almost half of Asian American voters cast their ballots by mail and many Americans could have their essential right to vote thrown out by a faulty federal system,” said Aarti Kohli, executive director of the Asian Law Caucus.

“While the Trump administration manufactures yet another crisis, the Asian Law Caucus and our coalition partners are doing the real work of protecting our democracy by training and deploying poll monitors, running an election day hotline, and staying in direct communication with local election officials. Every eligible voter gets to have a say, and we will continue to defend the right to vote,” Kohli added.

Ronak Patel, a staff attorney with AALDEF, said, “For many voters–especially Asian Americans, naturalized citizens, disabled folks, and voters with limited English proficiency–mail ballot voting is the most practical, and often only way, to cast their vote and participate in our democracy.”

“The federal government's attempt to control states' vote-by-mail programs fails its supposed objectives of protecting against violations of federal law and maintaining public confidence in elections. Instead, it has caused confusion among voters and jeopardized the franchise of millions of American citizens,” he added.

The brief argues that Executive Order 14399 directs the Department of Homeland Security (DHS) and the Social Security Administration (SSA) to create federally compiled "state citizenship lists" using the SAVE database, which the organizations say is incomplete and prone to errors. They contend that the system could wrongly exclude eligible voters, particularly naturalized citizens and people whose records do not reflect updated citizenship status.

It also challenges provisions requiring the U.S. Postal Service to withhold mail ballots from voters who do not appear on the federal lists. The organizations said the measure would shift authority over election administration away from the states, create widespread confusion, and disproportionately affect voters who rely on mail ballots, including older adults, voters with disabilities, voters with limited English proficiency, and naturalized citizens.

Meredyth Yoon, litigation director at Asian Americans Advancing Justice–Atlanta, said, “Trump’s Executive Order directs the Department of Homeland Security to create ‘Citizenship Lists.’ This is dangerous because federal databases like SAVE are often incomplete, and SAVE data has resulted in thousands of failures to correctly identify citizens.” 

“The EO threatens to block many eligible voters who rely on voting by mail from casting their ballots, including voters with limited mobility or English proficiency. We are asking the Supreme Court to uphold the status quo by allowing the injunction to remain in effect. The real danger of blocking citizens from voting is far worse than the prospect of noncitizens voting, which evidence consistently shows is a non-issue,” she added.

Kalpana Peddibhotla, executive director of SAAJCO, said, “For many South Asian Americans, voting is made possible through mail ballots, language assistance, and accessible election systems.”

“Executive Order 14399 threatened to create confusion and unnecessary barriers that could discourage eligible voters from participating in our democracy. Every eligible voter deserves a fair opportunity to cast their ballot and have it counted, regardless of the language they speak or how they vote. We are proud to stand with our partners in defending the fundamental right to vote,” she added.

The amicus brief was also joined by AAPI Equity Alliance, Arizona Asian American Native Hawaiian and Pacific Islander for Equity, Asian Americans Advancing Justice of Southern California, Asian Americans and Pacific Islanders of New Jersey, Asian Law Alliance, Asian and Pacific Islander American Vote, Asian Refugees United, Chinese for Affirmative Action, Coalition for Humane Immigrant Rights, Council on American-Islamic Relations, Equal Justice Society, Hands United, LEAD Filipino, Mekong NYC, Miami Valley Immigration Coalition, OneAmerica, Parent-Child Relationship Association, Public Counsel, SAATH, SAAVETX Education Fund, Services, Immigrant Rights and Education Network, Sikh American Legal Defense and Education Fund, Stop AAPI Hate, and The Workers Circle.

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