Justice Department’s Plan to Share Voter Data with Homeland Security Raises Concerns
In a recent court proceeding, the Department of Justice (DOJ) revealed its intention to provide voter registration information obtained from states to the Department of Homeland Security (DHS) for citizenship verification purposes. This announcement came during a federal court hearing in Rhode Island, a state among several sued by the DOJ for not complying with data requests.
The court disclosure was initially reported by CBS News. The Rhode Island secretary of state’s office later confirmed the report but did not offer additional comments. A transcript of the hearing is not yet publicly accessible, and the Justice Department has not responded to NPR’s inquiry for comments.
Last year, the Trump administration transformed the DHS’s Systematic Alien Verification for Entitlements (SAVE) system into a tool for citizenship verification. This system utilizes personal details such as names, birth dates, and Social Security numbers to confirm citizenship status. Federal authorities have been encouraging states to use SAVE to ensure noncitizens are not on voter rolls.
Several states, including Texas and Louisiana, have utilized the system, discovering small numbers of potential noncitizens on their voting lists. However, the system has inaccurately flagged some U.S. citizens, raising concerns among voting rights advocates about potential disenfranchisement.
In various lawsuits against states, the DOJ has referenced federal laws to ensure proper voter roll maintenance. To date, federal judges in California, Oregon, and Michigan have dismissed these lawsuits. The California judge described the DOJ’s demands as “unprecedented and illegal.”
The motive behind the DOJ’s pursuit of voter roll data has been questioned by state officials and voting rights groups. Previous statements by federal officials have been unclear about the DOJ’s plans to share this data with DHS.
Last November, ten Democratic secretaries of state urged the leaders of both agencies to clarify their conflicting positions on the matter.
Dan Lenz, senior legal counsel at the Campaign Legal Center, commented, “DOJ’s revelation in the Rhode Island hearing seem to confirm what CLC and others have argued in courts across the country – that the federal government’s efforts to obtain voter rolls is part of a larger project to supplant the states’ constitutional authority to administer elections and maintain voter rolls.”
He further stated that the DOJ’s actions “raise serious concerns about whether the administration is complying with the Privacy Act and other data protections.”
As of now, the Justice Department has not issued any public statements regarding a data-sharing agreement with DHS, nor has it provided an opportunity for public comment, a requirement under the Privacy Act before data sharing can occur.
