Biden admin slapped with major lawsuit over alleged refusal to help state purge noncitizens from voter rolls

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Florida Attorney General Ashley Moody on Secretary of Homeland Security Alejandro Mayorkas warning that FEMA doesn't have enough funding for hurricane season.

FIRST ON FOX: The state of Florida is suing the Biden administration over what it claims is a refusal to verify immigration records so that the Sunshine State can ensure the integrity of its voter rolls and prevent noncitizens from voting.

In a lawsuit, obtained first by Fox News Digital, the state argues that the Department of Homeland Security (DHS) is mandated to respond to an inquiry from state or local governments seeking to verify the immigration status of anyone in their jurisdiction for a purpose authorized by law. 

"Because the federal government is refusing to comply with these obligations and frustrating Florida’s ability to maintain the integrity of its elections, Florida files this suit," the lawsuit says.

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Florida says it "has an obligation to maintain accurate and current voter registration records" and also notes the impact of the crisis at the southern border, which brought millions of noncitizens into the U.S.

U.S. Secretary of Homeland Security Alejandro Mayorkas speaks at the daily press briefing at the White House. (Getty Images)

It argues that it cannot track and maintain immigration information on its own. States can verify status through a DHS program called the Systematic Alien Verification for Entitlements (SAVE) program. According to the lawsuit, DHS and Florida have an agreement to allow the state to use SAVE to verify immigration and citizenship status for people on voter registration rolls.

The lawsuit claims that Florida’s Department of State identified a number of individuals for whom it had evidence that they were not citizens, but couldn’t run a search via SAVE as it doesn’t have unique identifiers.

The state says it reached out to DHS’ U.S. Citizenship and Immigration Services (USCIS) requesting the verification of those people, but was denied.

"Thus, Florida has identified a subset of individuals for whom it cannot verify citizenship or immigration status through SAVE and for whom DHS refuses to verify citizenship or immigration status through other means," the state says.

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Ashley Moody, attorney general for Florida, speaks during the Conservative Political Action Conference in National Harbor, Maryland, on March 2, 2023.  (Al Drago/Bloomberg via Getty Images)

The state is seeking an order saying the refusal to provide Florida with a response is unlawful, a declaration that they are entitled to a response and an order requiring DHS to respond to the inquiry.

"Voting is a right granted to American citizens — not illegal immigrants or other noncitizens. The Biden-Harris administration has allowed millions of illegal immigrants into the country, and we must ensure that only citizens are on our voter rolls," Florida Attorney General Ashley Moody said in a statement to Fox News Digital. "I am taking legal action against the Department of Homeland Security and Secretary Mayorkas to ensure Florida is able to maintain the integrity of our state’s voter rolls."

"The Florida Constitution is clear that only citizens can vote in our elections.  Florida is calling on the federal government to dismantle the barriers blocking the states from obtaining critical information needed to prevent non-citizens from voting in our elections," said Florida Secretary of State Cord Byrd. "We are going to prevail in our effort to uphold the law and uphold the Constitution’s guarantee of one citizen, one vote."

In a statement, DHS noted that federal law bars noncitizens from voting, and that violators face up to five years in prison.

"DHS does not comment on pending litigation," a spokesperson said. "More broadly, USCIS has engaged with Florida and will continue to correspond with them directly through official channels.  U.S. Citizenship and Immigration Services (USCIS) administers an online information service called SAVE that allows registered and authorized agencies, including election authorities in states, to verify certain individuals’ citizenship or immigration status."

"SAVE is the most secure and efficient way to verify an individual’s citizenship or immigration status, including for verification regarding voter registration and/or voter list maintenance.  By inputting an individual’s name, unique DHS-issued immigration identifier, and birthdate, registered agencies can determine whether that person has obtained U.S. citizenship through the naturalization process or, for certain other individuals born abroad, whether USCIS has information confirming their U.S. citizenship."

The agency has also responded to Florida request, telling officials that they have confidence in SAVE.

"We currently cannot offer an alternative process to any state," a letter last week from USCIS Director Ur Jaddou said. "The process you referenced—using the Person Centric Query Service (PCQS) to perform voter verification—does not return a definitive answer on immigration status and thus is not appropriate for the purposes of voter registration and/or list maintenance verification."

A similar lawsuit was filed by the state of Ohio, requesting access to multiple DHS databases.

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It marks the latest in a continued back and forth between GOP-led states and the Biden administration over concerns about noncitizen voting. A number of states have made efforts to remove noncitizen voters from the rolls, but some have fallen foul of the administration.

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The Department of Justice has sued both Alabama and Virginia over those states’ efforts to remove noncitizens, arguing that they have violated the Quiet Period Provision, which says that states must complete maintenance no later than 90 days before the election.

In a statement responding to the lawsuit against his state, Virginia Gov. Glenn Youngkin called the lawsuit "politically motivated."