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The State Democracy Research Initiative works to produce high-quality research and share its findings and insights with the public, press, advocates, scholars, and judges. This work takes a variety of forms, from timely commentary to comprehensive overviews of all 50 states to forward-looking legal analysis.

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Commentary

State Court Report: State Authority to Limit Disruptive Federal Activity

The U.S. Department of Homeland Security has vastly expanded Immigration and Customs Enforcement’s (ICE) presence across the country, extending its reach to nearly every state and major city. In response, state and local governments are increasingly looking to location-specific protections, and to property law more broadly, to address the effects of this federal presence.

Reports

How Can States Address Federal Hostility to Mail Voting?

Derek Clinger 05.28.26 Last Updated 07.14.26

Mail voting is under unprecedented federal pressure heading into the 2026 midterm elections. From the White House to the Supreme Court to Congress, a series of developments is threatening a form of voting that tens of millions of Americans rely on—and that was relatively uncontroversial until just a few years ago. This explainer examines how mail voting became a partisan battleground, what the current federal threats mean for mail voting, and what states, election officials, and advocates can do in response.

In the Media

Bloomberg Law: Trump DOJ’s Voter Roll Demands Set for Appeals Court Tests

Derek Clinger 05.12.26

"Two federal appeals courts will soon weigh whether state election officials must turn their unredacted voter rolls over to the Justice Department—an argument President Donald Trump’s administration has yet to win in court. . . . “I do find that fascinating how all the district courts are reaching the same kind of bottom line that the Justice Department loses, but they’re getting there with different reasoning,” said Derek Clinger, senior counsel and director of partnerships with the University of Wisconsin law school’s State Democracy Research Initiative."

Reports

Can States Protect “Sensitive Locations” Like Courthouses, Hospitals, or Schools From Federal Immigration Enforcement?

For decades, Immigration and Customs Enforcement (ICE) limited enforcement operations at so-called “sensitive locations” like courthouses, schools, or hospitals. But during both Trump Administrations, officials rescinded those guidelines. This report discusses states and localities’ ability to adopt their own state-law policies to protect “sensitive locations” from the disruption of warrantless immigration arrests.

Commentary

State Court Report: Can States Ban Federal Officers from Wearing Masks?

Bridget Lavender 04.20.26 Last Updated 04.23.26

"Politicians at all levels of government have called for reforms to deescalate tensions arising from federal immigration enforcement in their states. One common proposal is banning law enforcement officers — including Immigration and Customs Enforcement (ICE) and Customs and Border Protection officers — from wearing masks."

Reports

State and Local Property Law Responses to Federal Actions

Bryna Godar 04.17.26 Last Updated 04.20.26

State and local governments are increasingly using property law to push back on ICE operations. This report unpacks the viability of these efforts, from banning new detention centers to barring officers from staging operations on city property.

In the Media

Associated Press News: States seek to unmask federal immigration agents — and their own police

"Proposals to prohibit federal immigration agents from masking their faces have gained new life in states — thanks in part to a court ruling that blocked the nation’s first such law, in California."

Research Resources & Guides

Tracker: DOJ Lawsuits Seeking States' Sensitive Voter Data

01.21.26 Last Updated 08.11.26

As part of President Trump’s efforts to expand federal control over the country’s historically state-run election infrastructure, the U.S. Department of Justice has demanded copies of states’ complete voter registration lists, including voters’ highly sensitive data like birthdates, partial Social Security numbers, and driver’s license numbers. The Justice Department has filed 31 federal lawsuits (so far)—against 30 states plus Washington, D.C.—seeking orders compelling these jurisdictions to turn over their data. This tracker monitors the Justice Department’s lawsuits.

In the Media

AP News: Proposals on immigration enforcement flood into state legislatures, heightened by Minnesota action

"States have broad power to regulate within their borders unless the U.S. Constitution bars it, but many of these laws raise novel issues that courts will have to sort out, said Harrison Stark, senior counsel with the State Democracy Research Initiative at the University of Wisconsin Law School."

Reports

Can the Federal Government Force States to Hand Over Citizens’ Voter Information?

Derek Clinger 12.19.25 Last Updated 03.06.26

The U.S. Justice Department has demanded states' complete, unredacted vote registration lists. States have mostly declined to provide their full, unredacted voter registration lists. This report examines the questions raised by the federal government's demands about the long-established authority of states to administer elections and the scope of the federal government’s role in the voter registration process.

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