Florida is suing the Biden administration over claims that it is refusing to verify immigration records necessary for the state to ensure the integrity of its voter rolls and prevent noncitizens from voting. The state argues that the Department of Homeland Security (DHS) is mandated to respond to inquiries from state or local governments seeking to verify immigration status for authorized purposes. Florida asserts that it has an obligation to maintain accurate voter registration records and notes the impact of the crisis at the southern border on the influx of noncitizens into the U.S. The state is unable to track and maintain immigration information on its own and relies on the DHS Systematic Alien Verification for Entitlements (SAVE) program to verify status.
According to the lawsuit, Florida’s Department of State identified individuals for whom evidence suggested they were not citizens but could not verify citizenship through the SAVE program due to a lack of unique identifiers. The state reached out to DHS for verification but was denied. Florida is seeking a court order declaring that the response refusal is unlawful, stating that voting is a right granted only to American citizens. Florida Attorney General Ashley Moody and Secretary of State Cord Byrd have expressed concerns about ensuring that only citizens are on the state’s voter rolls and upholding the law and Constitution’s guarantee of one citizen, one vote. A similar lawsuit was filed by Ohio, requesting access to multiple DHS databases.
This lawsuit is part of an ongoing dispute between GOP-led states and the Biden administration over noncitizen voting concerns. Some states have made efforts to remove noncitizen voters from the rolls, but these actions have faced backlash from the administration. The Department of Justice has filed lawsuits against Alabama and Virginia over their efforts to remove noncitizens, alleging violations of the Quiet Period Provision, which mandates that maintenance be completed at least 90 days before an election. In response to the lawsuit against Virginia, Governor Glenn Youngkin labeled it as politically motivated.
Florida’s legal action against DHS and Secretary Mayorkas aims to dismantle barriers preventing states from obtaining crucial information needed to prevent noncitizens from voting in elections. The state is fighting to uphold the Florida Constitution, which specifies that only citizens can vote. The lawsuit highlights the importance of maintaining the integrity of voter rolls and ensuring that voting rights are preserved for American citizens. The state’s lawsuit is part of a broader effort by GOP-led states to address concerns related to noncitizen voting activities and to push back against federal restrictions on efforts to verify citizenship status for voter registration.
