Trump Asks Supreme Court to Revive Voter Database

Trump Asks Supreme Court to Revive Voter Database

Donald Trump gestures while speaking at a podium
President Trump has asked the Supreme Court to revive a federal voter database program.Illustration: The Frank

The News

The Trump administration asked the Supreme Court on Tuesday to reinstate the Department of Homeland Security's expanded citizenship records system, SAVE, which states have used to review their voter rolls for non-citizens.

Voter roll audits using SAVE — the Systematic Alien Verification for Entitlements program — have been on hold in most of the country since a federal judge ruled in June that the administration violated privacy law when it beefed up the database for voter purges. A federal appeals panel affirmed that ruling last week.

The Justice Department wants the block lifted in time for the midterm elections, now less than two months away.

What Changed in SAVE

DHS modified the system last year to combine citizenship records with Social Security data, and it let states upload their voter lists in bulk. Before the changes, states could use the database only for individual checks of a single voter's citizenship status.

Timeline

2025

DHS overhauls SAVE, adding Social Security records and allowing states to upload voter lists in bulk. The administration says the change improves the speed and reliability of citizenship checks.

2025

Texas runs a voter roll review through the expanded program. Legal challengers later put forward evidence that citizens were wrongly purged from the rolls as a result.

July 2026

Trump touts SAVE in a speech on elections, saying states that used it found thousands of non-citizens on their rolls. Some states say DHS's figures were inflated and did not account for flagged voters who turned out to be citizens.

June 2026

US District Judge Sparkle Sooknanan, a Biden appointee, blocks the expansion, writing that the "federal government has knowingly trampled on the privacy rights of American citizens in a manner that threatens the sacred right to vote."

Week of Aug. 31, 2026

A federal appeals court panel affirms the district court's ruling.

Sept. 8, 2026

The Justice Department files an emergency petition at the Supreme Court asking the justices to lift the order.

Reactions

Solicitor General D. John Sauer called the district court's ruling "indefensible" and said it "threatens the integrity of upcoming elections."

"The order will irreparably harm the federal government, the States, and the public by depriving the government of an effective tool to verify the eligibility of registered voters and benefits applicants under various state and federal programs," Sauer wrote. He argued the lower courts exceeded their authority and that the expansion complies with federal law.

Sauer also told the justices the case warrants review because the order "universally vacates an important governmental policy" — a system he said processes millions of citizenship-verification requests every week for uses ranging from voter roll maintenance to screening federal benefits applicants.

The DOJ argued in the filing that the federal government is not to blame for any wrongful removals, saying the responsibility falls on state election officials to make sure purges prompted by SAVE audits follow voter registration laws.

Critics of the program say it produces inaccurate results that wrongly identify eligible voters as non-citizens and can lead to flawed purges that disenfranchise voters. The voter advocacy groups behind the lawsuit sued after the expansion made bulk reviews possible.

Many Republican-led states have been eager to use SAVE to vet their rolls, but they acknowledge that its results require additional investigation before any voter is removed.

What's Next

The Supreme Court has not set a timetable for ruling on the emergency application. For reinstatement to matter in practice, the justices would have to act before the midterms.

Two other election-related emergency petitions are already pending at the Court: one from the Justice Department seeking to revive a new US Postal Service mail ballot rule blocked by a federal judge in Massachusetts, and one from Missouri Republicans seeking to reinstate a new congressional map after the state Supreme Court restored the old one.

A handful of states are still able to use SAVE because of separate litigation in Florida.

More

Trump has made the program a central tool in a government-wide search for proof of non-citizen voting, a claim he has pressed for at least a decade. Studies of non-citizen voting have repeatedly found it to be rare.

The administration has also tried to condition states' access to DHS anti-terrorism grants on their use of SAVE, among other election-related requirements.

Poll

Should the Supreme Court let states resume voter roll checks through the expanded SAVE database?

Yes — it's a legitimate election security tool
0.0%
No — the privacy ruling should stand
0.0%
Only if states verify each case before removing a voter
0.0%
Not sure
0.0%

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