The Supreme Court on September 25, 2026, lifted restrictions on a federal voter database, granting the Trump administration a temporary victory in its efforts to combat noncitizen voting. The decision allows states to use the revamped Department of Homeland Security program, known as Systematic Alien Verification for Entitlements (SAVE), to verify voter eligibility. This program has faced criticism for its handling of sensitive personal data and its potential to incorrectly identify eligible voters as noncitizens.
The ruling is temporary and voluntary for states, which limits its immediate impact on the upcoming midterm elections. According to election law expert David Becker, existing laws prevent most states from purging voters from their rolls within 90 days of an election. Maine Secretary of State Shenna Bellows stated that the ruling would not affect her state as it does not mandate changes to election procedures.
Opponents of the ruling expressed concerns that it could lead to wrongful targeting of voters. James Percival, general counsel for DHS, defended the decision, emphasizing the need to use government data to prevent illegal voting.
The Supreme Court's order reverses a June ruling by U.S. District Court Judge Sparkle L. Sooknanan, who had deemed the revised SAVE program illegal, citing privacy rights and the risk of erroneous voter removals. The majority opinion stated that a 1996 law permits DHS to obtain citizenship information from other federal agencies and that the federal government has a duty to assist states in verifying citizenship.
Justice Ketanji Brown Jackson dissented, joined by Justices Elena Kagan and Sonia Sotomayor, arguing that the risks of disenfranchising lawful voters outweigh any potential benefits of the program. The SAVE program, designed to prevent noncitizens from receiving government benefits, has scanned over 67 million registrations, with concerns raised about its accuracy.
In Travis County, Texas, investigations revealed that a significant percentage of voters flagged by the SAVE system were U.S. citizens. Critics, including voter Anthony Nels, voiced their disappointment over the ruling, citing concerns about the impact on constitutional voting rights. Stephen Richer, a former election official in Arizona, acknowledged the potential benefits of the ruling if used responsibly but cautioned against relying solely on the SAVE program.
Despite previous restrictions, the Trump administration has continued utilizing Social Security Administration data to verify voter information. DHS has also initiated an investigation into noncitizen voters on state rolls, which has been criticized for its rushed nature and potential legal violations.
Homeland Security Secretary Markwayne Mullin suggested that there could be as many as 250,000 noncitizens registered to vote, a claim that has been met with skepticism by state election officials. The Supreme Court's decision is part of a broader effort by the Trump administration to reshape election procedures, although many of these initiatives have faced legal challenges. Research indicates that noncitizens constitute a very small fraction of the total registered voters in the U.S.