GOP States Sue DHS Over Voter Citizenship Verification, Raising Election Law Concerns
Florida, Texas, and Ohio have filed lawsuits against the Department of Homeland Security, challenging the adequacy of the Systematic Alien Verification for Entitlements (SAVE) program for voter citizenship verification, despite it being the federally sanctioned system since 2012. The timing of these suits is legally significant, as they were filed during or near the federally mandated 90-day "quiet period" before an election, during which systematic voter purges are prohibited under federal law. While the states demand an alternative verification system using name and birth date matching, USCIS Director Ur Jaddou has officially responded that SAVE "is the most secure and efficient way" to verify citizenship status, and no alternative process is currently available. Legal experts, including former government officials, suggest these lawsuits may be strategically timed to establish grounds for potential post-election litigation rather than to address immediate voter roll concerns.
Ohio Secretary Sues Biden Administration Over Voter Citizenship Records
Ohio Secretary of State Frank LaRose has filed a federal lawsuit against the Department of Homeland Security (DHS), alleging the agency unlawfully denied Ohio access to federal citizenship verification records needed to enforce the state's constitutional requirement that only U.S. citizens can vote. The dispute centers on DHS's October 10, 2024 formal denial of Ohio's request for access to records beyond the Systematic Alien Verification and Entitlements (SAVE) database, which LaRose argues is essential for comprehensive voter citizenship verification. House Judiciary Committee Chairman Jim Jordan has characterized the DOJ's related actions as interference with Ohio's electoral process, while LaRose's office continues to pursue stricter voter registration requirements, including implementing front-end citizenship verification and working toward new proof of citizenship requirements for state voter registration forms.
USCIS Implements Major Updates to T Visa Program for Human Trafficking Victims
USCIS has implemented comprehensive updates to its Policy Manual, effective August 28, 2024, strengthening protections for human trafficking victims through the T visa program, which provides up to four years of initial U.S. residency. The revised guidelines establish a new bona fide determination process and expand the "any credible evidence" provision, while introducing a victim-centered, trauma-informed approach to application adjudication. Key regulatory changes include a broader definition of "law enforcement agency," clarified requirements for establishing trafficking intent, and mandatory reporting to law enforcement authorities with jurisdiction to investigate trafficking cases. Notably, qualified applicants can now receive expedited employment authorization through Form I-765 (category c(40)) without fees when filed alongside Form I-914, with the potential for deferred action while their T visa application is processed.
Texas Border Law Tests Constitutional Boundaries of State Immigration Enforcement
Texas's groundbreaking Senate Bill 4, currently enjoined by federal courts, would make illegal entry a state crime and authorize state law enforcement to arrest undocumented immigrants—directly challenging federal supremacy over immigration law. The state defends the law using a novel interpretation of the Constitution's invasion clause, arguing that drug cartels and mass migration constitute an invasion that permits state self-defense without congressional approval. The case, likely headed to the Supreme Court, could fundamentally reshape immigration enforcement by allowing states to create parallel immigration systems, with Oklahoma and Iowa already passing similar laws and Arizona voters considering a comparable measure. The outcome could have particular significance if former President Trump returns to office, as Texas's approach aligns with his proposed immigration enforcement agenda involving state and local law enforcement in deportations.