In a coordinated effort to safeguard election integrity, a coalition of 16 state attorneys basic, led by Alan Wilson of South Carolina and Dave Yost of Ohio, has formally requested Homeland Safety Division of Well being and Human Companies (DHS) supplies entry to its database of noncitizens.
The transfer is aimed toward guaranteeing registered voters’ immigration standing might be verified upon request, a key step because the nation strikes nearer to November elections.
In a letter to Homeland Safety Secretary Alejandro Mayorkas, the lawyer basic expressed severe issues concerning the failure of federal businesses to work with states to confirm voter registration data.
“The 16 state attorneys basic undersigned write to lift severe issues that your workplace has didn’t carry out its duties forward of nationwide elections by failing to work with states to confirm voter registration data,” the letter reads.
The lawyer basic emphasised the basic proper to vote and states’ tasks to guard the electoral course of.
“Each citizen cherishes the appropriate to vote,” Legal professional Normal Wilson mentioned in a press release.
“States are required by regulation to guard our election processes and are working to take action, and DHS is required by regulation to confirm voter data upon request, however DHS has both delayed or offered us with inadequate data.”
Wilson and Yost are joined within the initiative by representatives from Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Montana, Nebraska, Oklahoma Attorneys basic for Maryland, South Dakota, Texas, Utah, West Virginia and Wyoming. Collectively, they asserted that the integrity of elections relies on the flexibility to verify the citizenship standing of registered voters.
The Alliance of Attorneys Normal maintains that this federal cooperation isn’t just a courtesy however required by regulation. Of their letter, they argued that the Division of Homeland Safety’s failure to cooperate with states undermined the inspiration of election integrity.
Learn the total letter under:
“The undersigned 16 state attorneys basic are writing to lift severe issues that your workplace has didn’t carry out its duties forward of nationwide elections by failing to work with states to confirm voter registration data.
People could differ on one of the best consequence for the upcoming election, however we imagine that each one People of fine religion ought to agree that the appropriate to vote in U.S. elections belongs solely to U.S. residents.
Federal regulation provides residents the unique proper to resolve who governs them. It additionally obligates your workplace to coordinate with states to confirm the immigration standing of any registered voter upon request to guard voting rights.
States “indisputably[ve] A robust curiosity in sustaining integrity [their] election course of[es]2 States not solely have a sovereign obligation to guard franchises: in addition they have a authorized obligation to take action.
Federal regulation prohibits states from processing noncitizen ballots or accepting any voter registration purposes for federal elections with out authorities identification.
States should additionally keep voter registration databases and be certain that solely residents with legitimate authorities standing can function voters. States, in flip, want entry to federal databases to make sure the accuracy and comprehensiveness of their voter registration databases and to totally adjust to their federal obligations.
Congress anticipated this want and offered instruments by means of which states might meet federal election safeguards. To do that, DHS should coordinate with states to confirm voter registration data upon request.
This federal-state cooperation is necessary, not non-compulsory. Particularly, the Division of Homeland Safety – shall reply to inquiries from federal, state, or native authorities businesses searching for to confirm or decide the citizenship or immigration standing of any particular person inside the company’s jurisdiction for any function approved by regulation and supply the requested data verification or standing data.
Congress has made clear that states have the appropriate to obtain DHS data relating to the standing of noncitizens and that no rule on the contrary could restrict this assured entry.
Regardless of your federal obligations, your workplace has offered delayed and insufficient responses to requests from a number of of the signatory states under for help in verifying voter registration data. We’re deeply troubled by the Division of Homeland Safety’s refusal to grant entry to its Individual-Centered Question Service (PCQS) database due to its unsubstantiated claims that the knowledge just isn’t “appropriate” for verifying voter registrants.
DHS’s statutory authority to offer data to states doesn’t rely upon DHS’s view of the usefulness of that data. Opposite to the Division of Homeland Safety’s assertions, state entry to the Systemic Verification of Alien Rights (SAVE) program alone just isn’t enough.
SAVE requires the usage of DHS identifiers to carry out searches (this data just isn’t available to our workplaces) and doesn’t course of Social Safety or driver’s license numbers, in addition to identification numbers offered to states for voter registration functions.
Moreover, the prices related to utilizing SAVE pose a barrier to accessing federally managed citizenship data. Your division can confirm a person’s citizenship standing with out a digital identifier.
The PCQS database maintained by the Division of Homeland Safety supplies a approach to shortly determine residents utilizing solely their title and date of delivery. This implies that you’re not solely legally obligated to offer citizenship verification upon request; There are methods you are able to do this too.
DHS’s cooperation in responding to state requests and offering citizen data is vital to states’ efforts to make sure honest elections this November.
That is additionally a message that nations have the appropriate to obtain based on regulation. In gentle of the upcoming election, we urge you to promptly and faithfully carry out your obligation to confirm voter registration data with every state.
At a minimal, we ask that you simply present us together with your plan inside three (3) enterprise days of receipt of this letter to adequately reply to pending requests from states to confirm flagged particular person voter registrants and any future related requests. reply.
The privilege of collaborating in U.S. elections belongs solely to U.S. residents, and because the election approaches, early voting has begun in Ohio and lots of different states. Your workplace wants to assist defend this proper, not impede state efforts to adjust to federal regulation and guarantee election integrity.”
BREAKING! @SecMayorkas Request entry to DHS’s PCQ non-citizen database to safe their election! finally!
“Federal regulation provides residents the unique proper to resolve who governs them. It additionally has the duty… pic.twitter.com/jNEa52jouu
— TrueTheVote (@TrueTheVote) October 18, 2024