Primer: Proof of Citizenship
In the past decade, foreign interference with American elections has become an increasingly pressing issue in national political discourse, particularly with regards to non-citizen voting. This heightened awareness has resulted from events such as alleged Russian meddling with the 2016 presidential election, widespread voting by mail due to the COVID-19 pandemic, and President Donald Trump’s accusations of voter fraud in the 2020 presidential election.
In an attempt to remedy this issue, President Trump issued an executive order in March 2025 mandating proof of citizenship on the national mail registration form and requiring the attorney general to prioritize laws prohibiting non-citizens from voting. Though numerous state-level opponents have challenged the executive order in court, similar bills have been brought forth in recent months. Perhaps most notable is the Safeguard American Voter Eligibility Act, or SAVE America Act, which two Republican legislators introduced in January 2026. It was passed in the House in February and is now under consideration in the Senate.
Aiming to crack down on voter fraud, the bill would require voters to show proof of U.S. citizenship in order to register to vote. Acceptable forms of such proof would include Real IDs, valid U.S. passports, birth certificates, and military identification cards. The bill would also require voters to present a government-issued photo ID at polling places or, for those voting by mail, to enclose a copy of their photo ID both when requesting and returning a ballot. A photo ID, such as an active driver’s license, would need to include both the person’s current name and address. Finally, states would be required to submit their voter rolls for the Department of Homeland Security to cross-reference them with citizenship data.
Currently in almost every state, voters register by simply affirming in writing under penalty of perjury that they are a U.S. citizen. Non-citizens have been banned from voting in federal elections since 1924, and Congress added criminal penalties to this charge in 1996. Non-citizens now face up to five years in federal prison for registering to vote and may be deported if they cast a ballot. Some think tanks report that non-citizen voting is easy due to lack of stringent enforcement, whereas others find that non-citizens are reluctant to risk large fines and interaction with government officials. However, numerous studies have found that voter fraud is actually quite rare in the U.S. A Heritage Foundation database of election fraud identified 121 instances of illegal voting from 2003 to 2025 (97 by undocumented immigrants and 24 by nonresidents), whereas a Brennan Center for Justice study of the 2016 election found that just 0.0001% of the 23.5 million ballots cast in 42 jurisdictions were suspected to be non-citizen votes.
People who believe that Americans should show proof of citizenship in order to vote argue that this measure—and the SAVE America Act writ large—is a commonsense guardrail to prevent illegal voting. Since non-citizens are already legally prohibited from voting, the SAVE America Act is seen as merely a stricter measure to enforce the rule of law, particularly in the context of increased undocumented immigration since 2020. Moreover, since non-citizens, including undocumented immigrants, are eligible for driver’s licenses and other benefits, proponents of the SAVE America Act view these as opportunities for illegal voter registration that require stronger regulatory measures to preserve American democratic processes.
Opponents of this measure point to the Act’s stringent ID requirements as a barrier to voter registration even for citizens. Approximately 12% of registered voters, 28.4 million citizens, do not have easy access to a passport, birth certificate, and photo ID. Around 21% of citizens aged 18 or older, just under 50 million people, do not have a valid driver’s license. These citizens range across political parties, though disparities are more acute for Americans who are young, disabled, Black, Hispanic, less educated, or less financially well-off. Opponents also claim that paperwork requirements would shut down online voter registration entirely and make mail registration more difficult for people who may not have access to copiers or electronic devices.
Come join our debate this Monday at 7pm in Scott Hall!