Why Trump’s vote-by-mail ban threatens Asian American political power

President Donald Trump’s repeated calls to ban vote-by-mail through executive order have drawn sharp constitutional challenges from civil rights organizations, even as the promised order has yet to materialize. These threats, which followed his meeting with Russian President Vladimir Putin last month — and false claims about international voting practices — represent what advocates say is a coordinated attack on voting access that would disproportionately harm immigrant communities and voters of color.

In an exclusive interview with The Rebel Yellow, John C. Yang, president and executive director of Asian Americans Advancing Justice – AAJC, lays out the constitutional challenges any such executive action would face.

Constitutional authority for federal election laws, Yang explains, lies with Congress and the individual states. “The president has no authority to dictate how states run their elections,” he says. While no formal executive order has been issued, Advancing Justice – AAJC, which has long advocated for voting rights, remains on high alert. Yang vows to “use all the tools available to us to counter attacks on voting by mail including education and outreach to our communities, advocacy and litigation.”

This challenge rests on solid constitutional ground. The constitutional framework clearly delineates election authority, with states controlling the “times, places, and manner” of elections as outlined in the Constitution. At present, 28 states allow no-excuse mail voting, and eight states plus Washington D.C. automatically send ballots to all voters by mail, a system that would be upended by Trump’s proposed ban. His claim that states are “merely an ‘agent’ for the Federal Government” contradicts established constitutional law and decades of legal precedent.

The fight over voting rights carries deep personal significance for Yang, who became undocumented in the past. His family’s immigration story reflects the experiences of many in the communities his organization serves, and shapes his understanding of what voting rights mean to immigrant families.

“My family came over to the United States on my father’s work-related visa. Unfortunately, when I was around 10 years old, he was unable to renew that visa so we became undocumented,” Yang recalls. He remained undocumented through middle school and high school until the 1986 Immigration Reform and Control Act provided a pathway to citizenship. “In many Asian families, our parents never told us about being undocumented until there was a pathway to citizenship because of this notion of shame,” he shares.

This personal history profoundly shapes his current advocacy. “I think a lot of immigrants can internalize this feeling that we are at the margins of American society. Especially for those of us who have been undocumented, there can be a feeling of powerlessness over politics,” he explains. “Because of that, voting is a right cherished by immigrant communities. As naturalized citizens, we had to earn that right, and we had to fight for that right.”

Yang’s organization is developing a comprehensive legal strategy to challenge any executive order that emerges. He says their strategy is to “uphold the Constitution and the protections it has for the American people, including immigrants and communities of color.” And despite the partisan nature of Trump’s attacks on mail-in voting, he says his group maintains a non-partisan approach. “Voting by mail and voting machines are essential to an inclusive democracy across the political spectrum,” he notes. “In fact, the history of mail-in voting reflects a bipartisan, and even Republican-led, commitment to providing voters with cost-effective, efficient, and user-friendly ways for people of all ideologies to participate in elections.”

Beyond the immediate constitutional questions, even if Trump were to sign an executive order banning mail-in voting, the practical challenges of enforcement would be enormous given the current legal and political landscape. Yang points to the fundamental constitutional issue: “The Constitution is clear that the president does not have the authority to dictate how states run their elections. No executive order will change that.”

However, the threatened mail-in voting ban is part of a broader package of voting restrictions Trump has announced, including universal voter ID requirements and the elimination of voting machines. Yang warns that the cumulative impact of these changes would be devastating for marginalized communities.

“The intended impact would be to demobilize and disempower Asian Americans and other marginalized communities from having a say in our electoral process,” he says. Not only are Asian Americans the fastest-growing part of the electorate; they also have remarkably high rates of alternative voting methods. The 2020 election data is particularly striking, as only one-in-four Asian Americans voted in person on Election Day. This means three-quarters of Asian American voters relied on mail-in voting, early voting or absentee voting — methods that could all be restricted under Trump’s proposed changes.

The elimination of voting machines would create additional barriers, particularly for voters with disabilities. “There are over 40 million voters with disabilities nationwide,” Yang says. “Access needs and preferences mean people with disabilities are more likely to vote by mail, and we know for a fact that states that make casting a ballot easy have significantly higher turnout among disabled voters.”

These concerns about voting access are compounded by existing barriers that already make voting challenging for Asian American communities. “Unfortunately, we have already seen numerous barriers being added that hinder Asian Americans and other communities of color at the ballot box. Supreme Court decisions have chipped away at the efficacy of the Voting Rights Act of 1965, allowing states to pass discriminatory voting laws that undermine the ability of Asian American voters to cast an effective ballot,” Yang cites.

These discriminatory measures include laws that impose redundant requirements such as showing specific government-issued photo IDs at the polls and limiting access to secure ballot drop boxes. Yang emphasizes that the denial of language assistance, even in jurisdictions that mandate it by law, remains another persistent barrier. The practical implications for the 2026 midterm elections remain unclear without seeing an actual executive order, but Yang warns that restricting accessible voting options would create an “unwelcoming and unaccommodating environment” that could suppress turnout through intimidation and barriers.

Trump’s justification for threatening to ban mail-in voting has been built on a foundation of disinformation, including his false claim that the U.S. is the only country using mail-in voting and his citation of advice from Russian President Vladimir Putin. Research shows that 34 countries worldwide allow some form of mail-in voting, contradicting Trump’s assertions.

Yang stresses the importance of countering such misinformation. “President Trump himself has walked back this claim, and has acknowledged that other countries, including Canada and Australia, have mail-in voting. The United States has been using mail-in voting since the Civil War, and it is part of the threads that bind our democracy,” he says. “We must continue to hold our leaders accountable for the spread of mis- and disinformation. False claims by influential figures are dangerous and can have a serious impact on civic engagement.”

The involvement of foreign influence in shaping American voting policy raises additional concerns. While Advancing Justice – AAJC focuses primarily on domestic policy, Yang acknowledges the broader implications. “American democracy historically has been envied by other countries. We need to do everything we can to protect this institution from attacks that would erode the right of citizens to participate,” he urges.

The broader context of Trump’s voting restrictions makes concerns about democratic participation particularly urgent. Looking beyond the immediate legal challenges, Yang sees the president’s threats as part of a broader pattern of intimidation targeting immigrant communities. “Like this administration’s attacks on birthright citizenship, this is part of a full-on attempt to create a culture of fear and uncertainty in immigrant communities,” he says. “It is an attempt to silence our political power at a time when our say in the political process should be louder than ever.”

However, he views the fight against these restrictions as an opportunity for community mobilization and education. “Standing up against this potential order means building awareness and power in our communities about all threats to our right to vote. This is an opportunity for education and mobilization,” he declares. “It is a chance to remind ourselves of how hard we have fought to gain our constitutional right to vote, and to recommit to doing everything in our power to defend it and have our voices heard in the democratic process.”

For Asian American communities, Yang’s message is clear: “We will not let anyone turn back the clock on our hard-won Constitutional rights, and our communities will continue to take our rightful place as part of the fabric of our society.” The battle over mail-in voting, should it come to pass, represents more than a policy dispute — it is a fight over who gets to participate fully in American democracy.