Supreme Court Allows Revamped Citizenship-Check System to Resume

The Supreme Court on Friday allowed the Trump administration to resume using an expanded federal database to check the citizenship status of people on state voter rolls while litigation continues.

The Department of Homeland Security revamped the Systematic Alien Verification for Entitlements system, known as SAVE, and many states submitted voter lists for comparison. Tens of millions of records were processed before a federal judge in Washington blocked the expanded system in June after finding that it violated federal privacy protections. The system has mistakenly identified some eligible voters as potential noncitizens.

The Supreme Court majority said the lower court’s order prevented the federal government from using SAVE for individualized inquiries, which remain permitted within the 90-day period before a federal election when systematic voter removals are generally prohibited.

The court’s three liberal justices dissented. Justice Ketanji Brown Jackson wrote that the majority failed to consider potential harm, including the risk that recently naturalized citizens could have their registrations canceled or be required to prove citizenship before voting.

The ruling permits renewed use of SAVE as the administration searches for noncitizens on voter rolls and compiles lists of adult citizens by state. Its effect on the midterm elections remains unclear. A coalition including the League of Women Voters and the Electronic Privacy Information Center said its legal challenge is continuing.