Two Statutes Can Help States Purge Illegal Voters

As Democrats become increasingly unpopular even with traditionally leftist voting blocs and as the border crisis increasingly worsens, it seems likely that Dems hope for illegal alien votes this election. But two federal statutes can help states secure the integrity of the 2024 election.


America First Legal has highlighted two federal statutes that require the Department of Homeland Security (DHS) to verify upon request if an individual is a citizen and that prevent any restriction on sharing this information with state governments. States can help keep their voter rolls free from illegal alien voters and ensure that only citizens can vote under the law.

AFL announced June 24:

[AFL] sent a letter to the chief election official of all fifty States, with a copy to each Governor and Attorney General explaining how they can use two key existing federal laws to obtain information from the U.S. Department of Homeland Security about the citizenship or immigration status of any individual for ‘any purpose authorized by law.’ Ensuring the integrity of voter rolls and investigating whether to remove potentially ineligible voters from voter rolls is undoubtedly a ‘purpose authorized by law,’ and therefore, these laws can serve a vital function in providing States and localities with the information that they need to prevent aliens from voting.

Thanks to an executive order about the U.S. Census from Joe Biden in 2021, the Census could use illegal aliens permanently to rig Congress and the Electoral College in Democrats’ favor. The U.S. Supreme Court also previously ruled that states must accept the U.S. Election Assistance Commission’s (EAC) federal voter registration form even without proof of citizenship.


Besides the clear risk to election integrity that EAC poses, DHS’s Systematic Alien Verification for Entitlements (SAVE) program, which states utilize, possesses “critical flaws,” according to AFL. But there are still ways for Republican states to verify if the registered voters are, in fact, citizens.

AFL was referring to 8 U.S.C. § 1373(c), which provides that any “Federal, State, or local government agency” can inquire “to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law.” DHS then “shall respond” to this inquiry.

Furthermore, 8 U.S.C. § 1644 establishes that no federal, state, or local law can restrict or prohibit such immigration status information being “sen[t] to or receiv[ed] from” DHS. Hence, the two federal statutes give states a method for verifying if registered voters are citizens or illegal aliens. AFL clarified:

As explained above, federal law unambiguously requires that voters in federal elections be United States citizens and prohibits all foreign nationals, even those who are lawfully present in the United States, from registering to vote or voting. Federal law also imposes on States the duty of ensuring that ineligible voters are removed from voter rolls. Also, many States impose citizenship requirements under State law, and 8 U.S.C. § 1644 confers on States unrestricted authority to obtain information about the immigration status of aliens in the United States. Therefore, it is a “purpose authorized by law” under 8 U.S.C. § 1373(c) for a State to ask DHS about the citizenship status of presently registered voters.


This election is crucial in saving America from the crisis and chaos of the Biden administration. State officials must step up to ensure election integrity.

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