Texas sues U.S. Homeland Security for refusing to verify voters

State Attorney General Ken Paxton sued the Biden administration on Tuesday for not verifying the citizenship status of voters as the state earlier requested. The lawsuit filed in U.S. District Court demands that Homeland Security Secretary Alejandro Mayorkas and other federal officials and agencies promptly provide the information. Earlier this month, Texas requested the government confirm the citizenship of about 450,000 registered voters. The law required officials to share the information that Homeland Security has neglected to provide, according to Paxton’s office.

Federal law creates the paradox of allowing non-citizens to illegally register while prohibiting states from requiring voters to give proof of citizenship to vote, according to the Texas lawsuit by Paxton and Texas Secretary of State Jane Nelson. While most voters on the list are likely eligible to vote, Texas officials still need to secure the election’s integrity by checking, Paxton’s office said.

U.S. Citizenship and Immigration Services Director Ur M. Jaddou responded days after Texas’ initial request, advising officials to check residency statuses using the federal Systematic Alien Verification for Entitlements program, known simply as SAVE. It was the most secure, efficient, and reliable way to verify an individual’s citizenship for voter registration, Jaddou wrote. The immigration department can’t offer any other process for states to check citizenship status with, he added. Texas still insisted that SAVE was inadequate for checking individuals’ citizenship for elections and petitioned the court to order immigration officials to check the names.

How can someone register to vote without legal status? Potential voters can register with a state-issued driver’s license or ID card and have officials certify their citizenship later. The process helps voters register easily while also protecting against ineligible voters participating in elections. But the voters at the center of the lawsuit registered to vote without a driver’s license or ID card, according to Paxton’s office.

Dig deeper: Read my report on another federal lawsuit Paxton filed against the Biden administration earlier this year over a residency program for non-citizens.