Judge rules DOJ's use of state voter rolls in immigration database checks unlawful

Left · 2US District Judge Sparkle Sooknanan, of the District of Columbia, ruled on Friday 9 October that the Justice Department's policy of obtaining state voter rolls and checking them against federal immigration databases was unlawful, and struck it down in a 78-page decision. 1 2 Left · 2The policy involved demanding voter files, comparing them with the Systematic Alien Verification for Entitlements (SAVE) database, and flagging people identified as noncitizens for possible removal from the rolls. 1 2 Left · 2Sooknanan wrote that the policy "represents the federal government's attempt to decide who gets to vote," an authority she said Congress left with the states. She also said it violates the Administrative Procedure Act and the Privacy Act. 1 2

Left · 2She found the administration had understated the risk of wrongly removing eligible citizens, because the database can contain outdated citizenship records that could misidentify naturalised citizens. She wrote that the ruling does not stop lawful federal support for states' roll maintenance and does not let ineligible people vote. 1 2 Left · 1CBS News reports that the ruling covers voter files the department has already received and those still being litigated. The case was brought by Common Cause and individual voters. 2 Left · 2Eighteen states, mostly Republican-led, gave the department their voter data. The department has argued it needs the information to check states' compliance with the Help America Vote Act and the National Voter Registration Act. 1 2

Left · 2Al Jazeera reports the department has sued 30 states and Washington, DC, over refusals to provide data, and that 26 cases have been dismissed. CBS News says the department has lost almost all its suits, according to its own analysis, and that one state settled. 1 2 Left · 2In June, Sooknanan separately ruled that the expanded SAVE database was created unlawfully and blocked its expanded use for voter roll checks. The Supreme Court temporarily paused that order last month. 1 2 Left · 1A Justice Department spokesperson said the agency is reviewing the decision. President Donald Trump argues that more federal scrutiny is needed to stop noncitizens voting and curb fraud, though CBS News says most election experts consider both extremely rare. 2

Left · 2Common Cause CEO Virginia Kase Solomón called the ruling "a victory for voters," and the ACLU's Ming Cheung said it showed the administration could not use the federal government to disrupt elections. 2 1 Left · 2Both outlets note that federal law bars systematic voter roll removals within 90 days of a federal election, which may limit the ruling's practical effect before the 3 November vote. 1 2