Iowa Files Lawsuit Against Federal Government for Access to Citizenship Records
State officials are pursuing an injunction to obtain access to voter citizenship data, asserting that federal noncompliance threatens the integrity of elections.
In the lead-up to the 2024 presidential election, Iowa officials allege that the U.S. Citizenship and Immigration Services (USCIS) rejected their request for a list of noncitizens on the voter rolls, despite having “confirmed that hundreds of noncitizens were on Iowa’s voter rolls after a manual individualized process.”
Consequently, Iowa utilized a list of 2,176 individuals who had declared themselves as noncitizens and mandated that they provide proof of citizenship or provisional ballots to resolve eligibility issues.
The lawsuit focuses on the SAVE program, a federally required system established in 1986, which is utilized by nearly 1,200 agencies to verify individuals’ immigration or citizenship status.
A spokesperson from DHS declined to comment on the ongoing litigation but defended the functionality of the SAVE program, citing it as a secure and efficient tool for these purposes.
“More broadly, USCIS has engaged with Iowa and will continue to communicate with them directly through official channels,” a DHS spokesperson stated via email.
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“USCIS administers an online information service known as SAVE, which enables registered and authorized agencies, including state election authorities, to verify the citizenship or immigration status of certain individuals.”
This program allows agencies to confirm an individual’s naturalization or citizenship by entering their name, DHS-issued identifier, and birth date. However, SAVE does not have access to birth certificate databases and cannot verify the citizenship of those born in the United States or specific individuals born abroad.
In defense of SAVE, DHS highlighted that the program conducted over 21.5 million verifications in fiscal year 2023, indicating its extensive utilization.
Iowa contends that these limitations impede efforts to maintain accurate voter rolls, an essential aspect of election integrity. Federal legislation prohibits noncitizens from registering or voting in federal elections, with violators facing removal and possible prison sentences of up to five years.
DHS clarified that states need to sign a memorandum of agreement to use SAVE for voter registration purposes.
This agreement requires states to inform applicants and voters in writing that their citizenship may be verified against federal records. Furthermore, anyone identified by SAVE as a noncitizen must be given the chance to provide documentation proving their citizenship.
Iowa Attorney General Brenna Bird stated that the federal government “knows who the hundreds of noncitizens are on our voter rolls and has repeatedly refused to inform us who they are.”
“But the law is explicit: voters must be American citizens. Together with the Secretary of State, we will strive to uphold safe and secure elections,” Bird declared in a press release on Dec. 3.
Iowa Secretary of State Paul Pate expressed similar concerns, underscoring the necessity for reforms.
“The role of Iowa Secretary of State necessitates a balance between participation and integrity. We have identified solutions that will enable us to verify voter eligibility at the time of registration—not merely at the voting stage,” he stated.
“The combination of access to the SAVE list, citizenship verifications already conducted by USCIS, and the ability to verify using social security numbers will not only streamline processes but will also provide another vital tool in our efforts to safeguard the electoral process.”
