citizenship

ORLANDO, Fla. — Governors in Florida and Mississippi signed into law measures that require officials to verify the citizenship of voters, just as similar legislation being pushed by President Trump has stalled in Congress.

The law signed Wednesday by Florida Gov. Ron DeSantis was immediately challenged in court by civil rights organizations that said it will make it harder for Floridians to vote.

The citizenship provision of the law goes into effect Jan. 1. It requires voters to provide a birth certificate, passport or naturalization certificate as proof of citizenship if their eligibility to vote is challenged by government officials through cross-referencing voter registration applications with motor vehicle records.

“Many eligible voters do not have these documents and cannot obtain them for a variety of reasons — including because they were born without a birth certificate in the segregated South, because their documents were destroyed in a hurricane, or because they cannot afford the hundreds of dollars it costs to replace them,” the civil rights groups said in a lawsuit filed in federal court in South Florida.

The voting legislation being pushed aggressively by Trump in Congress would mandate that people provide documentary proof of citizenship to register to vote in federal elections, such as a U.S. passport, citizen naturalization certificate or a combination of a birth certificate and government-issued photo identification. It passed the House but was stalled in the Senate before lawmakers took a spring recess.

Under the Florida law, credit cards, student IDs and retirement community identifications can no longer be used as IDs when voting, and the citizenship status of a driver must be reflected on driver’s licenses starting in July 2027.

DeSantis said the law improves the security and transparency of Florida’s election system.

“In Florida, we will always stand up for election integrity,” the Republican governor said.

The new Mississippi law signed Wednesday requires local officials registering people to vote to run additional citizenship checks if applicants don’t have or can’t provide driver’s license numbers on their voter application. The law, which takes effect July 1, also requires the secretary of state to run annual checks of the voter rolls against an online database from U.S. Immigration and Customs Enforcement to flag any potential noncitizens who could be asked to provide proof of their eligibility.

“This is another win for election integrity in Mississippi [and America],” Mississippi Gov. Tate Reeves, a Republican, said in a social media post. “We will continue to do everything in our power to make it infinitely harder — with a goal to make it impossible — to cheat in our elections!”

The Southern Poverty Law Center has said that the law could disenfranchise hundreds of thousands of Mississippians who don’t have a passport, lack a birth certificate or whose last names don’t match their birth certificates because of name changes due to marriage.

Four Republican-led states — Florida, Mississippi, South Dakota and Utah — have enacted laws this year to strengthen proof-of-citizenship requirements for voters. In Michigan, supporters of voter citizenship documentation have submitted 750,000 petition signatures in a bid to get a constitutional amendment on the November ballot.

The Republican-led Kansas Legislature also has passed legislation, though it still must go before the Democratic governor. Gov. Laura Kelly has until next week to decide whether she’ll sign the bill and hasn’t said publicly what she will do, though she has regularly vetoed past GOP-election bills. Supporters would need a two-thirds majority to override a veto — and thanks to Republican dissenters, the bill appeared to be a few votes short of that in the House.

Any efforts in Kansas to prevent noncitizens from registering to vote are shadowed by one of the state’s biggest political fiascos in recent memory — a requirement imposed in 2013 that people registering to vote in the state for the first time provide documentation of their U.S. citizenship.

That law ended up blocking the voter registrations of more than 31,000 U.S. citizens who were otherwise eligible to vote, or 12% of everyone seeking to register in Kansas for the first time. Federal courts ultimately declared the law an unconstitutional burden on voting rights, and it hasn’t been enforced since 2018.

Schneider writes for the Associated Press. AP writers David A. Lieb in Jefferson City, Mo., and John Hanna in Topeka, Kan., contributed to this report.

WASHINGTON  — Inside the Supreme Court, as justices heard oral arguments in the case over birthright citizenship, President Trump became the first sitting president to attend such a proceeding.

Outside the court, the great-grandson of Wong Kim Ark — the San Francisco man whose landmark Supreme Court case affirmed birthright citizenship in 1898 — addressed a crowd of hundreds of people.

“Wong Kim Ark’s victory ensured that people like me and millions of others would be recognized as fully American, not outsiders in the country of our birth,” said Norman Wong. “This case transformed the 14th Amendment from words on paper into living promise. Today, that promise is still being tested.”

Surrounded by protesters in favor of birthright citizenship was a lone counter-protester. The woman, who wore a red baseball cap and a sweatshirt stating “Chicago flips red,” yelled into a megaphone as speakers addressed the crowd.

“Freedmen stand with Donald Trump,” she said as the Rev. William Barber II spoke. “America first. Americans first.”

The Rev. William Barber II speaks during a rally on protecting birthright citizenship outside the Supreme Court on Wednesday.

(Al Drago / Getty Images)

Undaunted, Barber noted that the 14th Amendment, ratified in 1868, makes clear that anyone born in the U.S. is a citizen.

“The 14th Amendment protects babies from a caste system,” Barber said. “They didn’t allow evil in 1868, and we’re not going to allow evil in 2026.”

“Stop lying, pastor,” the woman taunted him.

After Barber finished his remarks, the woman was drowned out by Aretha Franklin’s “Respect” playing over the speakers.

Inside the building, justices heard arguments over a Trump executive order which aimed to end birthright citizenship. The administration has argued that children born of parents who are in the country illegally or temporary visas should be denied citizenship.

A man from Cameroon said he chose to speak out because he doesn’t want future generations to become stateless and feel what he has felt. The man said he had been authorized to work in the United States Temporary Protected Status until the Trump administration terminated it last year.

“I know what it feels like to have your sense of belonging taken from you overnight,” he said.

Nancy Jeannechild, 69, traveled from Baltimore with a handwritten sign asking the justices to “Do your job.” She said Trump has amassed too much power and that the Supreme Court hasn’t stood up to him enough.

“This is another opportunity for them to do the right thing, and I hope that they will,” she said. “Just because Trump doesn’t like it doesn’t mean it’s not what’s in the Constitution.”

Araceli Hernandez, 29, attended the rally with her 1-year-old son. She said she immigrated from Honduras five years ago and that her son being born here means he has better opportunities to study, access to healthcare and a safe environment to live in.

“We came to represent the children who are not yet born because they also have a right to have a better future in this country,” she said.

Sen. Alex Padilla (D-Calif.) said he was confident birthright citizenship would prevail because the Constitution is clear. The fight is personal, he said, as the a proud American and son of immigrants.

“The moment I was born on U.S. soil I was born a citizen, and I’ll be damned if Donald Trump tries to take that away from me,” he said. “What’s on the line isn’t just a question about citizenship — it is about upholding the Constitution, respecting the rule of law and keeping the promise that the 14th Amendment has held for more than 150 years.”

After the arguments wrapped up, Cecilia Wang, who led the defense of birthright citizenship for the American Civil Liberties Union, addressed the crowd. She said she was confident that the Trump administration would lose the case.

“Whether you’re an indigenous American, whether you are descended from African Americans who were enslaved and free, whether you are the descendant of someone who came on the Mayflower or someone who arrived just before your birth, we all are Americans alike,” she said. “That is the principle that we stood up for together, all of us, in the Supreme Court of the United States today.”

WASHINGTON — President Trump on Wednesday became the first sitting president to attend oral arguments at the Supreme Court, inserting himself directly into a high-stakes legal battle over one of the most consequential orders of his administration.

Trump arrived at the court Wednesday morning by limousine for arguments over whether the president has the authority to effectively rewrite the Constitution by ending birthright citizenship for children born in the United States to parents who are in the country unlawfully or temporarily.

In the run-up to Wednesday’s arguments, Trump suggested that Supreme Court justices appointed by Republicans who have ruled against his agenda are “so stupid.”

“Some people would call it stupidity; some people will call it disloyal,” Trump told reporters in the Oval Office on Tuesday.

“Dumb Judges and Justices will not a great Country make!” the president wrote on Truth Social on Monday.

The unprecedented appearance highlights how high Trump believes the stakes are, according to Adam Winkler, a constitutional law professor at UCLA.

“It’s not clear why Trump is attending,” Winkler said. “Maybe he is just interested in the unusual drama of a Supreme Court argument. Or perhaps he is trying to intimidate the justices, like the scene in ‘The Godfather Part II’ where the mob boss shows up at a hearing to scare the witness into recanting his testimony.”

Regardless, Trump’s presence probably won’t change any minds on the bench, Winkler said.

The justices prize their independence, including many who share Trump’s judicial philosophy. Still, it will likely change the mood, Winkler said — most hearings are quiet and academic.

The birthright citizenship order, which Trump signed on the first day of his second term, is a keystone of his administration’s broad immigration crackdown.

Trump has framed the policy as a necessary step to curb what he describes as abuse of the immigration system.

“Birthright Citizenship is not about rich people from China, and the rest of the World, who want their children, and hundreds of thousands more, FOR PAY, to ridiculously become citizens of the United States of America. It is about the BABIES OF SLAVES!”

Every lower court that has considered the issue has found the order illegal and prevented it from taking effect. A definitive ruling by the nation’s highest court is expected by early summer.

This is a developing story and will be updated.

WASHINGTON  — The Supreme Court on Wednesday will hear President Trump’s claim that he has the power to revise the Constitution and to end birthright citizenship for babies born in this country to parents who were here unlawfully or temporarily.

Trump proposed this potentially far-reaching change in an executive order. It has been blocked by judges across the country and has never been in effect.

His lawyers contend they seek to correct a 160-year misunderstanding about the Constitution’s promise that “all persons born” in this country are deemed to be citizens.

The president’s executive order “restores the original meaning of the citizenship clause” and would deny “on a prospective basis only” citizenship to the “children of temporarily present aliens and illegal aliens,” Solicitor Gen. D. John Sauer wrote in his appeal.

But the first hurdle for Trump and his lawyers may concern the powers of the president.

In February, the court blocked Trump’s sweeping worldwide tariffs on the grounds the Constitution gave Congress, not the president, the power to impose import taxes.

By comparison, the president has even less power to set the rules for U.S. citizenship. The Constitution gives Congress the power to “establish a uniform rule of naturalization.”

After the Civil War, Congress adopted a civil rights act in 1866 that said “all persons born in the United States and not subject to any foreign power, including Indians not taxed, are hereby declared to be citizens of the United States … of every race and color.”

To make sure that rule stood over time, it was added to the Constitution in the 14th Amendment. Its opening line says: “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside.”

In 1898, a conservative Supreme Court upheld that rule and affirmed the citizenship of Wong Kim Ark. He was born in San Francisco to Chinese parents who later returned to China.

“The 14th Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory,” the court said. “In clear words and in manifest intent, [it] includes the children born, within the territory of the United States, of all other persons, of whatever race or color.”

In 1952, when Congress revised the immigration laws, it added the same provision without controversy. Lawmakers set multiple rules for deciding disputes over American parents who live abroad, but the first rule was simple and undisputed.

“The following shall be nationals and citizens of the United States at birth: a person born in the United States and subject to the jurisdiction thereof,” the law said.

Critics say Trump’s plan could replace a clear and simple rule with a confusing and complicated one. States would have to look into the history and legal status of a newborn’s parents to decide whether they met the new qualifications.

Until now, a valid birth certificate had been sufficient to establish a person’s U.S. citizenship.

Last week, Trump was urging Senate Republicans to pass a new election law that would require millions of Americans to present a birth certificate as proof of their citizenship if they register to vote or move to a new state.

“Proving citizenship to vote is a no brainer,” the White House said.

This week, however, Trump’s lawyers are urging the court to rule that their birth in this country is not proof of their citizenship.

There is a “logical inconsistency” here,” said Eliza Sweren-Becker, a voting rights expert at the Brennan Center.

In the legal battle now before the court, the key disputed phrase is “subject to the jurisdiction.” That has been understood to mean that people within the United States are subject to the laws here, except for foreign diplomats and, for a time, Native Americans who lived on tribal reservations.

But Sauer contends it excludes newborns who are “not completely subject to the United States’ political jurisdiction” because their parents are in this country unlawfully.

Lawyers for the American Civil Liberties Union called this a “radical rewriting” of the 14th Amendment, which says nothing about the parents of a newborn child.

If upheld, this order could apply to “tens of thousands of children born every month, “ they said, “devastating families around the country.” But worse yet, they said, the outcome “would cast a shadow over the citizenship of millions upon millions of Americans, going back generations.”

Some legal experts predict the court may rule narrowly and reject Trump’s executive order because it conflicts with federal immigration laws. Such a ruling would be a defeat for Trump, but it could allow Congress in the future to adopt new provisions, including a limit for expectant mothers who enter this country to give birth.

SACRAMENTO — A new poll shows California voters are sharply divided over two brewing statewide ballot measures stirring up the nation’s partisan and economic divides: a one-time tax on billionaires to pay for mostly healthcare and a voter ID mandate that includes citizenship verification.

The survey conducted by UC Berkeley’s Institute of Governmental Studies and co-sponsored by The Times showed 52% of registered voters supported the billionaire’s tax, while 33% said they opposed it. Fifteen percent were undecided.

Support for the voter ID measure was more evenly split, with 44% of voters in support, 45% opposed and the remainder undecided.

The pair of statewide proposals, which have yet to qualify for California’s November ballot, emanated from opposite sides of California’s political spectrum. Organized labor and progressives are pushing hard for a new wealth tax in response to Republican cuts to federal healthcare programs, and the GOP-led call for additional voter restrictions comes in the wake of President Trump’s baseless claims that the 2020 election was stolen from him.

Poll director Mark DiCamillo said he “was a little surprised” by the results given how much attention each measure has already received.

“Just from reading the press accounts of these initiatives, I thought they would both be well ahead. There’s been a lot of discussion about them and advocates seem to be very confident in their chances of passage, but the polls seem to indicate otherwise,” he said.

The divisions over each measure fell largely along partisan and ideological lines.

On the billionaire’s tax initiative, 72% of Democratic voters said they would support the measure if the election were held today — and the same percentage of Republicans oppose it. A slim majority — 51% — of voters who are unaffiliated or registered with another party support the wealth tax, while 30% said they oppose it, with the remainder undecided.

Republican voters overwhelmingly support the voter ID initiative, with 91% saying they would vote for it. More than two-thirds of Democratic voters, 68%, said they would oppose the measure. No party preference voters appeared evenly split.

Neither ballot measure has officially qualified for the November ballot thus far, though proponents of the voter ID measure said this month that they turned in 1.3 million voter signatures to elections officials, well above the 875,000 required to qualify. Proponents of the new tax on billionaires have until June 24 to submit signatures to elections officials.

The billionaire tax has generated national news coverage and widespread debate over whether it would benefit low-income Californians or end up hurting the state’s tax base as billionaires move out of the state to avoid paying it.

The proposal is backed by the Service Employees International Union-United Healthcare Workers West, which represents 120,000 workers in California. Union leaders say that the tax would raise $100 billion to backfill steep cuts to federal healthcare programs under a sweeping tax and spending bill approved by the Republican-controlled Congress and signed in the summer by Trump.

The measure would impose a one-time 5% tax on the assets of California residents who are worth $1 billion or more, with options to pay it over multiple years.

According to SEIU-UHW, the new tax would apply to around 200 people in the state, though several wealthy tech leaders have made moves to change their residences and avoid paying the tax should it pass. In recent months, Meta Chief Executive Mark Zuckerberg, Google co-founders Larry Page and Sergey Brin and others have bought up lavish beachfront estates and new commercial office spaces in South Florida.

Some of those billionaires are also ponying up to defeat the measure. Brin, who according to Forbes is the world’s third-richest person, has contributed $45 million to a new ballot measure committee called Building a Better California, which is pushing an alternative statewide ballot measure that could scrap the billionaire’s tax.

Brandon Castillo, a veteran ballot measure campaign strategist who is not working on either of the two measures, said even though it’s currently polling above 50%, the billionaire’s tax is starting out “in a really shaky position.”

“This is not a very strong place to start,” he said. “That’s not to say they can’t keep this thing over 50%, but when you’re starting just barely above 50% and you have a tsunami of money and a huge campaign against you, it’s really hard to keep yourself at that level.”

Though previous public opinion polls at the state and national levels have shown broad support for requiring proof of citizenship to vote in elections, even among Democrats, the new Berkeley poll showed liberal voters are skeptical of the measure.

Proponents of voter ID contend that such laws prevent election fraud and, along with proof of citizenship mandates, prevent noncitizens from voting. Opponents say ID requirements threaten the fundamental constitutional rights of Americans who do not have the documentation readily available, and that the restrictions are unnecessary given that voting by noncitizens is rare and already outlawed in the U.S.

Under current law, Californians are not required to show or provide identification when casting a ballot in person or by mail. They are required to provide identification when registering to vote, and must swear under penalty of perjury, a felony, that they are eligible to vote and a U.S. citizen.

The poll showed that slim majorities of predominantly Spanish-speaking voters, voters who were born in another country and first-generation immigrants support the voter ID measure. A plurality of Latino voters also favor it, with 44% in support and 41% opposed.

But DiCamillo cautioned against reading too much into those numbers, noting that awareness of the measure is still relatively low.

“I’ve always seen in my history of measuring Latino voters’ support that they are relatively late deciders on most ballot measures,” he said. “How they break will be critical. I would say we’ll have to look at how they feel when we do our final preelection poll.”

Voter ID laws are also a top priority of Trump, who has pressured the Senate into taking up the SAVE Act, which would impose nationwide requirements for proof of citizenship to vote and already has passed the House of Representatives.

Castillo said Trump’s support could sway Democratic and liberal-leaning independents to vote against the measure.

Both DiCamillo and Castillo noted that with the November election still seven months away, voters are not paying much attention and those on either side of each ballot measure have not launched major campaigns yet.

“I suspect by the time election day comes around, these awareness numbers on the billionaire’s tax certainly are going to be much higher,” Castillo said. “You’re going to see 80-90% of voters familiar with it, just because they’re going to be inundated with advertising and earned media between now and November.”

The Berkeley IGS/Times poll surveyed 5,019 registered California voters online in English and Spanish from March 9 to 14. The results are estimated to have a margin of error of 2.5 percentage points in either direction in the overall sample, and larger numbers for subgroups.

WASHINGTON — Republicans launched an unprecedented effort on Tuesday to hold the Senate floor and talk for days about a bill that they know won’t pass — an attempt to capture public attention on legislation requiring stricter voter registration rules as President Trump pressures Congress to act before November’s midterm elections.

The talkathon could last a week or longer, potentially through the weekend, as Senate Majority Leader John Thune (R-S.D.) tries to navigate Trump’s insistence on the issue and Democrats’ united opposition. Trump has urged Thune to scrap the legislative filibuster, which triggers a 60-vote threshold in the 100-member Senate, or find another workaround to pass the bill, but Thune has repeatedly said he doesn’t have the votes to do that.

Instead, Republicans intend to make a long, noisy show of support for the legislation, which would require Americans to prove they are U.S. citizens before they register to vote and to show identification at the polls, among other things. It’s a risky strategy, with no guarantee it will be enough for Trump, who has said he won’t sign other bills until the Safeguard American Voter Eligibility Act — also known as the SAVE America Act or the SAVE Act — is passed.

The floor debate is expected to eventually end with a failed vote. Republicans need 60 votes to advance the bill to a final vote, but they hold 53 seats, and all 45 Democrats and both independents, who caucus with the Democrats, oppose it.

The debate will “put Democrats on the record,” Thune said. He added that “how it ends remains to be seen.”

The Senate voted 51 to 48 Tuesday to begin the debate, with Alaska Sen. Lisa Murkowski the only Republican voting against moving forward on the bill.

In a social media post on Tuesday morning, Trump issued a warning to any Republican who doesn’t support the bill: “I WILL NEVER (EVER!) ENDORSE ANYONE WHO VOTES AGAINST ‘SAVE AMERICA!!!’”

Creating strict voter registration rules

Trump says, without evidence, that Democrats can only win in the midterms if they cheat and explicitly said Republicans need the SAVE America Act to win in November. The House passed the legislation earlier this year, but the Senate turned to other issues as it became evident that Republicans didn’t have the votes to pass it.

But Trump made clear he wasn’t satisfied and pushed the Senate to act. The Republican president has said he won’t sign other legislation, including a bipartisan housing bill backed by the White House, until the voting bill passes.

The bill contains a slew of provisions that Trump and his most loyal supporters have pushed as part of a broad effort to assert federal control over elections. It would require voters nationwide to provide proof of citizenship when they register and to show accepted voter identification when casting a ballot.

It would also create new penalties for election workers who register voters without proof of citizenship and require states to hand voter data over to the Department of Homeland Security so federal officials could screen for voters who are in the country illegally.

Trump also wants new provisions added to the bill, including a ban on most mail-in ballots.

“It’ll guarantee the midterms,” Trump said of the bill last week. “If you don’t get it, big trouble.”

Democratic opposition to the bill is firm

Democrats and many groups that champion voter access say there is little evidence of noncitizens voting and say the bill would disenfranchise millions of voters — including Republicans — by creating new burdens to prove citizenship.

It is already illegal to vote if you are not a U.S. citizen, but the bill would lay out strict new rules for paperwork that most people would have to present in person to register to vote. Opponents of the measure say those documents are not always readily available for many people and argue that it would kill voter registration efforts and unfairly penalize young people who are registering to vote for the first time, married women who change their last name and people who cannot travel to present their documents, among other groups.

While Republicans have focused on the bill’s new requirements to show identification when they show up to vote, Democrats say they are most concerned that the legislation would allow the federal government to take voters off the rolls.

Senate Minority Leader Chuck Schumer (D-N.Y.) said that Democrats are not opposed to voter identification but “this is about purging the voter rolls in a massive way, so you never even get the chance to show a voter ID when you showed up to vote.”

Expect a show on the Senate floor

Trump, backed by Republican Sen. Mike Lee of Utah, has pushed for a talking filibuster, which would force Democrats to talk for days or weeks to delay passage of the bill. But Thune and the larger GOP conference rejected that idea, arguing that it would end in failure after giving Democrats a stage and the opportunity to offer endless amendments, potentially adding their priorities to the bill.

Republicans are instead taking over the floor with their own speeches, proceeding under regular order but operating outside the normal time limits that are customary when debating legislation. Democrats are expected to answer with their own procedural hijinks, potentially forcing Republicans to come to the floor at all hours for votes, meaning they will need to stay close to the Senate for the duration.

Lee said last week that it’s unclear how it will all play out. He said he thinks Trump “understands that we need to put in an aggressive effort here.”

“And a lot of that,” he said, “is going to have to be determined in real time as we go about it.”

The extent of Trump’s satisfaction with the process, Lee said, “will depend on whether, in his view, we gave it everything we have.”

On Monday night, Lee was rallying voters in Trump’s base on X.

“Once we’re on this bill,” he wrote, “we must stay on it until it’s passed into law.”

Jalonick writes for the Associated Press. AP writer Lisa Mascaro contributed to this report.