A federal appeals court on Sept. 4 blocked the Trump administration from using a federal immigration database to verify citizenship records on state voter rolls, upholding a lower court’s ban on the practice. The U.S. Court of Appeals for the D.C. Circuit ruled 2–1 against the government, citing violations of privacy laws and concerns over data inaccuracies.
The decision prevents the Department of Homeland Security’s (DHS) Systematic Alien Verification for Entitlements (SAVE) system from being used to cross-check voter registration data, a move the administration had sought to implement ahead of the November midterm elections. The ruling comes as Republican lawmakers aim to retain narrow majorities in both chambers of Congress.
Core Facts of the Ruling
The appeals court’s majority opinion, written by Chief Judge Sri Srinivasan and joined by Judge Robert Wilkins, affirmed the lower court’s decision that the SAVE system violates the Social Security Act by sharing sensitive personal data. The judges highlighted risks of inaccurate citizenship information, which could lead to voters being required to prove their status or face removal from registration rolls.
The court also referenced two plaintiffs in the case—referred to as Jane Doe 4 and Jane Doe 6—who alleged that their Social Security records still listed them as noncitizens despite their naturalization. One plaintiff, Jane Doe 6, claimed she was unable to update her records with the Social Security Administration (SSA).
Dissenting Opinion
Judge Gregory Katsas, the lone dissenter, argued that states have a legitimate interest in verifying voter eligibility and that the SAVE system could assist in maintaining accurate voter rolls. Katsas, appointed by President Donald Trump, did not provide further details in the available reporting.
Background and Legal Context
The ban on using the SAVE system was initially imposed by a lower court in July, following legal challenges from civil rights groups and individuals concerned about privacy and potential voter disenfranchisement. The case gained urgency as the midterm elections approached, with Republican-led states pushing for access to the database to identify noncitizen voters.
A separate federal judge in Florida had previously ordered the DHS to resume sharing SAVE data with four Republican-led states, but that decision was later blocked nationwide. The appeals court’s ruling now reinforces the nationwide injunction.
Privacy and Accuracy Concerns
The majority opinion emphasized that the SAVE system’s use of Social Security numbers, citizenship status, and other sensitive data could violate privacy laws by exposing millions of individuals to potential misuse. The judges also noted that inaccuracies in the database—such as outdated citizenship records—could result in wrongful removal of eligible voters from registration lists.
The court’s decision does not address whether the SAVE system could be modified to comply with privacy laws or whether alternative methods for verifying voter eligibility exist. The ruling applies immediately and remains in effect pending further legal proceedings.