Texas AG Ken Paxton Sues Biden Administration Over Withheld Citizenship Data for Voter Verification

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Texas Attorney General Ken Paxton takes legal action against the Biden administration over withheld voter citizenship data, intensifying the debate on election integrity.

At a Glance

  • Paxton sues Biden administration for denying access to citizenship verification data for 450,000 registered voters
  • Lawsuit targets DHS, Secretary Mayorkas, and USCIS for non-compliance with federal information sharing laws
  • Texas claims federal data is crucial for maintaining accurate voter rolls and ensuring election integrity
  • The dispute highlights tensions between state and federal authorities over election management

Legal Challenge Details

Texas Attorney General Ken Paxton has filed a lawsuit against the Biden administration, challenging their refusal to provide crucial citizenship verification data for approximately 450,000 registered voters. The legal action, initiated in federal court, names the Department of Homeland Security, Secretary Alejandro Mayorkas, U.S. Citizenship and Immigration Services (USCIS), and Director Ur Jaddou as defendants. The Texas Secretary of State has joined as a co-plaintiff in this high-stakes legal battle.

The lawsuit centers on the federal government’s alleged failure to share information through the USCIS Systematic Alien Verification for Entitlements (SAVE) program. Texas officials argue this data is essential for verifying voter eligibility, particularly for individuals who did not use Texas-issued identification when registering to vote. Paxton set an October 19, 2024 deadline for federal compliance, which has now passed without the requested information being provided.

State Authority and Federal Response

Texas officials assert that state law requires them to maintain accurate voter rolls, and federal law mandates access to the necessary information for verification purposes. Previous efforts to verify voter eligibility have revealed discrepancies in documentation, leading state authorities to conclude that current systems are insufficient for comprehensive verification.

“The Biden-Harris Administration has refused to comply with federal law, presenting yet another obstacle for Texas to overcome in ensuring free and fair elections in our state. The law demands that they provide important information regarding the citizenship of nearly half a million potentially ineligible voters. Since the Biden-Harris Administration has chosen to ignore the law, I will see them in court.” Paxton said.

The Department of Homeland Security has not publicly commented on the lawsuit. However, USCIS has offered access to the SAVE program for voter citizenship status verification, which Texas officials deem inadequate for their needs. The federal government’s continued withholding of the requested verification data has escalated tensions between state and federal authorities over election management practices.

Practical Implications and Political Context

This legal dispute has significant implications for Texas’s ability to verify voter eligibility and maintain the integrity of its election processes. The state’s inability to independently verify the citizenship status of these 450,000 registered voters creates uncertainty in voter roll maintenance and raises questions about the effectiveness of federal-state information sharing mechanisms.

“The Systematic Alien Verification for Entitlements (SAVE) program is the most secure and efficient way to reliably verify an individual’s citizenship or immigration status, including for verification regarding voter registration and/or voter list maintenance,” the agency’s director, Ur M. Jaddou, wrote to Nelson, adding that the agency “currently cannot offer an alternative process to any state.”

The lawsuit comes at a politically sensitive time, with early voting already underway in Texas. While Paxton and other Republicans have raised concerns about noncitizen voting, experts maintain that such occurrences are rare and do not significantly impact election outcomes. Critics argue that these efforts could potentially intimidate eligible voters and suppress turnout. As the legal battle unfolds, it will likely continue to fuel debates over the balance between election security measures and voter accessibility.

Sources:

  1. Texas sues Biden administration for not providing data on noncitizens
  2. Texas sues Biden administration for not verifying 450K ‘potentially ineligible’ voters’ citizenship
  3. Texas sues US over noncitizen voting allegations
  4. Attor­ney Gen­er­al Ken Pax­ton Sues Biden-Har­ris Admin­is­tra­tion for Refus­ing to Ver­i­fy the Cit­i­zen­ship Sta­tus of Poten­tial­ly Inel­i­gi­ble Vot­ers on Texas Vot­er Rolls