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Federal judge: DOJ cannot request states’ voter lists for eligibility database

thehill.com · Finya Swai · last updated

A federal judge struck down on Friday the Justice Department’s nationwide effort to collect voter registration records and identify suspected non-U.S. citizens, blocking the Trump administration from continuing the program even in states that voluntarily cooperated.

U.S. District Judge Sparkle Sooknanan in Washington ruled the department exceeded its legal authority and violated federal privacy laws by requesting sensitive voter information and sharing it with other agencies to identify people’s citizenship status.

The 78-page ruling struck down the DOJ’s entire voter list maintenance policy, invalidating it nationwide. The decision came after multiple states similarly won challenges against the Justice Departments rule in their respective jurisdictions.

“DOJ cannot run roughshod over longstanding laws that were carefully crafted to protect the rights of American people,” Sooknanan, a Biden appointee, wrote.

The decision stems from an April lawsuit filed by voting rights group Common Cause and four voters, who accused the administration of attempting to create a “sprawling new voter surveillance and purging apparatus” ahead of November’s midterm elections.

The plaintiffs argued the Justice Department was attempting to seize control of voter registration procedures traditionally overseen by states, putting eligible Americans at risk of being wrongfully removed from voter rolls.

The program began last year following an executive order from President Trump directing federal officials to work with states to identify potential election law violations.

The DOJ subsequently requested unredacted voter registration lists nationwide, seeking sensitive information including names, addresses and partial Social Security numbers.

At least 18 states complied, allowing the department to share their voter records with the Department of Homeland Security and check citizenship status through the federal Systematic Alien Verification for Entitlements (SAVE) database.

Participating states also agreed to remove voters identified as ineligible within 45 days of notification.

Sooknanan found the department failed to adequately consider the risk of mistakenly removing eligible voters despite knowing federal citizenship records contained inaccuracies.

The judge cited a 2006 Social Security Administration audit that found approximately 3.3 million U.S. citizens had been misidentified as noncitizens.

“The Court vacates a policy that has removed United States citizens from the voter rolls in their home states and risks disenfranchising many more,” Sooknanan wrote.

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Related Knowledge Center: Voting rights

State of Play

As Republicans move to restrict voting rights, and Donald Trump appears to be preparing for another confrontation about election results, a wide range of organizations are pushing back.

Top guidance in the run-up to Election Day

  • Ben Wikler, a political organizer who was chairman of the Democratic Party of Wisconsin from 2019 to 2025 says, “The very most powerful thing you can do as a volunteer in politics is to talk to your actual friends and family who are fence-sitters.” 
    • He quotes Abraham Lincoln, who wrote in a letter to a campaign committee in 1840: “Keep a constant watch on the doubtful voters, and from time to time have them talked to by those in whom they have the most confidence.” 
    • The place to put our energy, Wikler says, is on the people whose votes will matter most because they live in a place with high-stakes, very close elections, as well as the people where we live.
  • ACLU: Know your voting rights  |  How the ACLU is safeguarding the election
  • Report intimidation, at the polls or elsewhere, immediately to the Election Protection Hotline at 1-866-OUR-VOTE or 1-888-VE-Y-VOTA (en Español).

More informationabout Voting rights