Federal Judge Declares Trump Administration’s Voter Data Project Unlawful

A federal judge has ruled that a voter data project initiated by the Trump administration is unlawful. This initiative aimed to compile Americans’ personal data to assess voter eligibility. Several states have already utilized this system, named SAVE, introduced by the Trump administration. The system was intended to identify potential noncitizens and deceased voters. However, it has mistakenly flagged some foreign-born American citizens as noncitizens.

U.S. District Court Judge Sparkle Sooknanan highlighted the breach of privacy rights. She emphasized the threat posed to voting rights. “The federal government has knowingly trampled the privacy rights of American citizens,” Sooknanan noted in her ruling.

NPR first reported on the significant expansion of SAVE. This expansion aimed to verify the citizenship of all Americans. It bypassed protocols like public notice requirements under the Privacy Act. SAVE, previously used for checking foreign-born individuals’ benefits eligibility, has undergone significant changes. It now includes bulk checks and is linked to Social Security data.

Sooknanan stated, “Federal agencies haphazardly combined and repurposed private information.”

Under her order, the expanded SAVE cannot be used. Despite this, SAVE checks were central to Trump’s voting and election agenda. Trump had also signed an executive order linking SAVE to generating eligible voter lists. Legal challenges seek to halt these efforts. An earlier order mandating DHS to verify voter citizenship status was partially blocked, but updates continued.

As of April, over 60 million voter records were processed through SAVE. Less than 1% were flagged as potential noncitizens. The Trump administration focused on noncitizen voting despite its rarity. DHS is facing scrutiny but maintains its position. A post by James Percival, the department’s general counsel, critiqued attempts to block the SAVE initiative.

Sooknanan’s ruling found the SAVE overhaul lacked statutory authority and violated several acts. It was hailed as a victory for voters by Marcia Johnson of the League of Women Voters. The creation of a federal voter database posed a threat to the democratic process, Johnson argued.

After last year’s lawsuit against the SAVE overhaul, agencies issued retroactive notices. Despite public opposition, they continued unchanged. Nikhel Sus, a lawyer involved in the case, emphasized the court’s agreement with public concerns. “They just didn’t listen,” Sus remarked.

One case involved Anthony Nel, a South African-born U.S. citizen, flagged as a noncitizen in Texas. Despite his status, he was removed from voter rolls for failing to respond to a verification letter on time. DHS acknowledges SAVE’s limitations in verifying some foreign-born citizens.