Supreme Court says Virginia can remove ‘noncitizens’ from voter rolls

Attorney General Jason Miyares posted on social media Wednesday morning that the U.S. Supreme Court had granted Virginia’s request for an emergency order to remove “noncitizens”.

The announcement was made Wednesday morning after a coalition consisting of 24 attorneys general from across the country joined with the Commonwealth to urge the high court to allow Virginia the right to remove “self identified noncitizens”, or illegal aliens, from the voter list.

Miyares announced on Sunday night that the Commonwealth would appeal to the U.S. Supreme Court as a last ditch effort to block an order by the U.S. District Court that ordered the return of over 1,500 noncitizens who have been removed from the voter lists since August 7.

The 6-3 decision overturns a unanimous ruling from a panel of four judges on the Fourth Circuit of Appeals who rejected Virginia’s Sunday request to stop a lower court order to restore non-citizens from the voter rolls.

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The attorneys general stated in the amicus brief they filed with the Supreme Court that the ruling of the U.S. District Court of the Eastern District of Virginia undermines the constitutional authority of the states to determine voting qualifications. They argued this would maintain the integrity of elections “by only allowing eligible citizens to cast their votes.”

Top prosecutors claim that the District Court ruling “based on flawed interprettion” of the National Voter Registration Act 90-day quiet period. They claim it “doesn’t apply to the removal noncitizens of voter rolls.”

The brief states: “Noncitizens cannot vote.” They were not eligible to vote before Congress passed National Voter Registration Act. They were not eligible after Congress passed NVRA. And they are not now.

Miyares defended the removal of noncitizens’ names from the Commonwealth voter list, saying the decision was “politically-motivated.”

Miyares said that it should never be illegal for a voter to be removed from the rolls. The Department of Justice committed this politically motivated, shameful stunt 25 days prior to Election Day. It challenged a Virginia procedure signed into law by a Democrat Governor 18 years ago and approved by Department of Justice 2006

The Biden Administration was accused by Republicans including Donald Trump of “weaponizing” the Justice Department.

“Now, their Weaponized Department of ‘Injustice’ and a judge (appointed by Joe) have ORDERED Virginia to REPLACE NON-CITIZENS VOTERS ON THE ROLLS. Trump wrote on X: “This is a total travesty.”

The Justice Department claimed that the Commonwealth unlawfully removed “noncitizens”, or individuals who are not citizens, from voter lists within 90 days of an election. It cited a “quiet time” mandated by the National Voter Registration Act, which states that “no such voter cancellation or list maintenance program may be conducted within this period.”