Biden admin slapped with major lawsuit over alleged refusal to help state purge noncitizens from voter rolls
The Biden Administration has taken a stand against the efforts of some states to purge their voter lists.
Florida has filed a lawsuit against the Biden Administration for what it says is a refusal by the administration to verify immigration records in order to ensure the integrity and accuracy of the Sunshine State’s voter lists, as well as prevent non-citizens voting.
In a lawsuit obtained by Fox News Digital first, the state claims that the Department of Homeland Security is required to respond to a request from state or local government seeking to verify immigration status of any person in their jurisdiction, for a lawful purpose.
The lawsuit states that “Because of the federal government’s refusal to comply with its obligations, and Florida’s inability to maintain the integrity” of its elections.
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Florida states that it has an “obligation to maintain accurate and up-to-date voter registration records”, and notes the impact of the southern border crisis, which brought millions noncitizens in the U.S.
It claims that it is unable to track and maintain information about immigration on its own. States can confirm status using a DHS Program called Systematic Alien Verification for Entitlements. According to the lawsuit DHS and Florida had an agreement that allowed the state to use the SAVE program to verify immigration and citizen status of people on voter rolls.
The lawsuit alleges that Florida’s Department of State had identified several individuals for whom they had evidence that these people were not citizens but could not run a SAVE search as it did have unique identifiers.
The state claims it contacted DHS’ U.S. Citizenship and Immigration Services, USCIS, denied the request.
The state explains that “Florida has identified a small subset of people for whom SAVE cannot verify their citizenship or immigration status and for whom DHS will not verify it through any other means.”
The state wants an order declaring that the refusal to give Florida a reply is illegal, a declaration of their right to a reaction and an order ordering DHS to answer the inquiry.
“Voting belongs to American citizens, not illegal immigrants or noncitizens.” “The Biden-Harris Administration has allowed millions to enter the country illegally, and we need to ensure that only citizens appear on our voter lists,” Florida Attorney general Ashley Moody stated in a Fox News Digital statement. “I’m taking legal action against Secretary Mayorkas and the Department of Homeland Security to ensure Florida can maintain the integrity of its voter rolls.”
The Florida Constitution makes it clear that only citizens are allowed to vote in our elections. Florida Secretary of state Cord Byrd called on the federal government dismantle barriers that prevent states from getting critical information necessary to stop non-citizens voting in elections. “We will prevail in our efforts to uphold law and the Constitution’s guarantee that one citizen has one vote,” said Florida Secretary of State Cord Byrd.
DHS stated in a press release that the federal law prohibits non-citizens to vote and that those who violate it could face up five years of prison.
A spokesperson stated that “DHS will not comment on any pending litigation.” “USCIS has been in contact with Florida, and will continue to communicate directly with them through official channels. U.S. Citizenship and Immigration Services administers a online information service known as SAVE, which allows authorized and registered agencies, including state election authorities, to verify certain individuals’ citizenship or immigration status.”
SAVE is a secure, efficient and fast way to verify an individuals citizenship or immigration status. This includes verification for voter registration and/or voter lists maintenance. Registered agencies can verify a person’s citizenship by entering their name, DHS-issued unique immigration identifier and birthdate.
Ohio filed a similar lawsuit, asking for access to DHS databases.
This is the latest episode in the ongoing back and forth between the Biden Administration and states led by the GOP over concerns regarding noncitizens voting. Some states have taken steps to remove non-citizens from the voter rolls. However, others have been rebuffed by the Biden administration.
The Department of Justice sued Alabama and Virginia for their efforts to remove noncitizens. They argued that these states had violated the Quiet Period Provision which states that states have 90 days prior to the election before they can complete any maintenance.
Virginia Governor, Glenn Youngkin, issued a response to the lawsuit filed against his state. Glenn Youngkin described the lawsuit as “politically-motivated.”
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