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Texas AG Files Suit Against Biden Administration Over Alleged Voter Verification Failures

 October 24, 2024

Amid mounting tensions over election integrity, Texas Attorney General Ken Paxton has initiated legal action against the Biden-Harris administration, given concerns about the eligibility of approximately 450,000 voters in Texas.

The lawsuit accuses the Biden administration of failing to provide crucial citizenship verification needed by the state for close to half a million individuals, as Fox News reports.

Legal Action Unfolds

Paxton recently filed a lawsuit in the Western District of Texas, targeting the U.S. Department of Homeland Security (DHS), Secretary Alejandro Mayorkas, and the United States Citizenship and Immigration Services (USCIS) Director Ur Jaddou.

Paxton's lawsuit claims that the federal entities have not complied with laws requiring the provision of essential information for verifying voter citizenship.

The core of the lawsuit challenges the adequacy of the existing USCIS Systematic Alien Verification for Entitlements (SAVE) program. Texas officials argue that the program's requirement for a DHS-issued immigration identifier is problematic because the state’s voter registration system lacks the necessary identifiers.

The lawsuit arose from Texas’s efforts to determine the citizenship of voters who did not register with a Texas-issued driver's license or ID card, potentially allowing ineligible voters to participate in the electoral process.

USCIS SAVE Program at the Center

The controversy centers on Texas’s request for additional citizenship verification methods beyond the USCIS SAVE program. DHS has made it clear that there are no alternative processes beyond what is already in place, and this position has fueled the ongoing dispute.

Paxton emphasized concerns about the inability of state officials to verify voter eligibility, despite expressing confidence that many of these individuals may indeed be eligible voters. Meanwhile, Secretary of State Jane Nelson initiated dialogues with USCIS in September regarding voter verification.

Correspondence from Nelson to Director Jaddou dated Sept. 18 highlighted concerns about the citizenship status of these registered voters, prompting Paxton to further echo these concerns in his communications with Jaddou on Oct. 7.

Federal Bodies Defend Verification Methods

Responding on Oct. 10, Jaddou reiterated the reliability and security of the SAVE program, asserting that it remains the best means available for verifying citizenship for voter registration purposes. Since its inception in 2009, the SAVE system has been utilized by multiple states for this purpose.

Jaddou explained that participating states can use the SAVE platform by entering an individual’s details, including their DHS-issued identifiers, to verify citizenship through naturalization or any other relevant records held by USCIS.

Despite these reassurances, the frustration lies in the SAVE program's limitations, as Texas's registration system does not incorporate the identifiers needed for streamlined verification.

Financial and Legislative Impacts Examined

Adding to Texas's grievances is the financial aspect of using the SAVE system, with costs set to increase significantly over the next three years. This escalates the complexity and exclusivity in utilizing the system effectively.

Additionally, the lawsuit references the unpassed Safeguard American Voter Eligibility Act, or the SAVE Act, which, if approved, would enhance legal frameworks for verifying voter eligibility through effective collaboration with federal program reforms.

Even as DHS points to the SAVE program as its primary response to the suit, it has refrained from offering any public comment specifically on the pending litigation.

Wider Implications and Similar Cases

This legal challenge bears similarities to other election-related lawsuits from states like Florida, reinforcing a broader debate about voter verification and citizenship status checks during elections.

Parallel to these legal dynamics, forecasts suggest that despite the potential ramifications of such voter verification issues, the upcoming presidential election may not see a shift to a Democratic majority within Texas.

While tensions over voting integrity and citizenship continue, the outcome of this lawsuit could set significant precedents for how states engage with federal systems on electoral matters, reshaping aspects of state-federal collaboration in election processes.