Several states have accused the Biden-Harris administration of obstructing their attempts to prevent noncitizens from voting in upcoming elections, citing a lack of cooperation from federal agencies. Recent lawsuits and statements from officials across the country highlight frustrations over data-sharing roadblocks.
The Department of Justice (DOJ) recently took legal action against Virginia and Alabama for their efforts to remove noncitizens from voter rolls too close to Election Day. Meanwhile, Texas, Ohio, and Florida filed lawsuits this month alleging that the Department of Homeland Security (DHS) has hindered their own attempts to verify citizenship status among voters. Montana Secretary of State Christi Jacobsen has also signaled potential legal action, citing DHS’s refusal to provide requested data.
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“Montanans deserve to know that our voter rolls are accurate,” said a spokesperson for Jacobsen’s office. “It’s imperative for election officials not to be stonewalled by the federal government in ensuring voter roll accuracy.”
In similar legal filings, the states contend that the DHS failed to share essential data that would aid in identifying noncitizen voters. The states have limited access to DHS’s Systematic Alien Verification for Entitlements (SAVE) program, but some argue that the program is insufficient, as it only allows searches by unique immigration identifiers, not by commonly available information like Social Security numbers or driver’s licenses. Ohio’s lawsuit claims DHS ignored four requests for additional data.
Ohio Secretary of State Frank LaRose voiced his concerns on October 24, saying, “While the administration blocks access to these records, the DOJ is actively suing or threatening states, including Ohio, for enforcing citizenship voting requirements. It’s hardly a coincidence.”
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Alabama launched its initiative to remove ineligible voters in August, following multiple unfulfilled data requests. Secretary of State Wes Allen stated that federal authorities did not respond to requests for a list of noncitizens in the state.
In a recent Supreme Court decision, Virginia received approval to remove individuals who had self-identified as noncitizens from the state’s voter rolls. Meanwhile, a federal judge allowed Iowa to challenge ballots from approximately 2,000 potential noncitizens. Iowa Secretary of State Paul Pate reported facing similar challenges in obtaining federal data.
Not all states, however, reported difficulties. Kansas and Georgia indicated they have successfully accessed federal data for noncitizen verification without issue.
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A DHS spokesperson defended the agency’s actions, noting that “USCIS has engaged with states and will continue to correspond through official channels” and emphasized the availability of the SAVE system, which election authorities can use to verify certain citizenship and immigration statuses.
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