Texas Attorney General Ken Paxton has filed a lawsuit against the Biden-Harris administration, specifically the Department of Homeland Security alleging that the administration has failed to provide information necessary for verifying the citizenship status of over 450,000 individuals on Texas’s voter rolls.
According to Paxton, these individuals did not use a Texas-issued driver’s license or ID card to register to vote, leaving their citizenship unverified.Texas Secretary of State Jane Nelson requested assistance from USCIS Director Jaddou in verifying the citizenship status of these individuals.
However, Jaddou responded by recommending the use of the Systematic Alien Verification for Entitlements (SAVE) program, stating that USCIS “currently cannot offer an alternative process to any state.”
Paxton argues that the SAVE program is inadequate for verifying citizenship status, as it requires a unique DHS-issued immigration identifier, which is not readily available to the Texas Secretary of State or voter registrars. The lawsuit also points out that USCIS charges a fee for each verification submitted to the SAVE system, which is expected to more than double over the next three years.
The filing highlights the paradox in federal law, which prohibits non-citizens from voting while simultaneously preventing states from requiring proof of citizenship to vote in federal elections. Paxton’s lawsuit also mentions the Senate’s failure to pass the Safeguard American Voter Eligibility Act (“SAVE Act”), which would allow states to ensure that votes are being cast legally by eligible voters.
In response to the lawsuit, a DHS spokesperson reiterated the use of the SAVE program for verifying citizenship or immigration status but declined to comment on the pending litigation. The spokesperson stated that USCIS has engaged with Texas and will continue to correspond through official channels.
Election-related lawsuits are common in every cycle, with Florida filing a similar lawsuit citing the SAVE program’s DHS identifier requirement as an obstacle in verifying the citizenship of individuals on the voter roll. While the outcome of this lawsuit remains to be seen, it is unlikely to significantly impact the presidential contest in Texas, which is expected to remain a Republican stronghold.