On March 25, 2025, in a sweeping and unprecedented Executive Order, President Trump attempted to usurp the power to regulate federal elections from Congress and the States. Among other things, the Executive Order directs the Election Assistance Commission—an agency that Congress specifically established to be bipartisan and independent—to require voters to show a passport or other citizenship documentation in order to register to vote in federal elections. If implemented, the Executive Order would threaten the ability of millions of eligible Americans to register and vote and upend the administration of federal elections. On behalf of leading voter registration organizations and advocacy organizations, the ACLU and co-counsel filed a lawsuit to block the Executive Order as an unconstitutional power grab.

The American Civil Liberties Union filed a federal lawsuit in June 2019 against the United States and the head of the U.S. Coast Guard on behalf of four Jamaican fishermen, who were forcibly removed from their fishing boat and detained for over a month at sea on four U.S. Coast Guard ships in patently inhumane conditions.