The WatchlistWatch 6
This is a Watchlist entry. It is a developing story reported by credible outlets that hasn't reached a court ruling, official finding or documented harm yet. It says what to watch for. If that happens, it moves to The Record.
Federal 'citizen lists' for every state, possibly released before the vote
Developing means: Reported by credible outlets, but no ruling, official finding or documented harm yet.
Under Trump's March executive order, Homeland Security and Social Security are compiling lists of verified adult citizens in every state, and a Justice Department lawyer told a federal judge he could not say whether they will be released before the midterms.
What happened
The administration hasn't told states what to do with the lists or what happens to registered voters who aren't on them, and voting experts fear some states could use them to purge rolls weeks before the election. Judge Paula Xinis, who is hearing a challenge from the privacy group EPIC, has ordered the administration to give 30 days' notice before activating the portal or handing lists to any state, which makes Oct. 28 the earliest they could go live, six days before the election. In June, Judge Sparkle Sooknanan ruled that the citizenship database behind the lists, built by combining Social Security and immigration records, violated federal privacy laws. On Sept. 25 the Supreme Court, 6 to 3, let the government keep using it while that case continues, and at least 67 million registrations have already been run through it. The State Department says it may also share passport records for citizenship checks. Separately, courts in Michigan, Wisconsin, Arizona and Georgia have thrown out Justice Department lawsuits demanding states' full voter rolls. Noncitizen voting is already illegal and rare. As of Oct. 3, both sides had filed their final briefs with Judge Xinis. The Justice Department argues that the Supreme Court's Sept. 25 order on the database should end EPIC's lawsuit; EPIC argues the lists are unlawful because the federal government is creating them on its own initiative and taking over the states' power to decide who is eligible to vote.
What to watch for
Whether the lists or the portal for states goes live before Nov. 3, how Judge Xinis rules in EPIC's lawsuit, and whether any state removes voters based on the lists. Federal law bars states from systematically removing voters within 90 days of a federal election, so a purge before Election Day would face an immediate legal fight.
The administration's side
The administration says the effort is about keeping noncitizens off the rolls. The State Department says sharing passport data protects Americans' information, deters fraud and supports election integrity. A Justice Department lawyer told the court the portal for states does not exist yet, and states' use of the SAVE database is voluntary.
Sources
Permanent link: https://unredactedrecord.com/e/w-citizenlists/