Florida Files Lawsuit Against Federal Government Over Noncitizen Voter Data
On October 16, Florida authorities initiated a lawsuit against the U.S. government. They claimed that federal officials are unlawfully refusing to cooperate with Florida's efforts to remove noncitizens from its voter registration rolls.
Florida's Legal Obligations and the Federal Response
Florida state law mandates that state authorities maintain accurate voter registration records. Similarly, federal law requires the federal government to respond to inquiries from federal, state, and local government agencies seeking to verify or ascertain the citizenship or immigration status of any individual within the agency's jurisdiction.
However, when the Florida Department of State requested data from U.S. Citizenship and Immigration Services (USCIS) on individuals who were potentially noncitizens registered to vote, the response was less than satisfactory. The USCIS director responded that the agency could not provide any information not already contained within the Systematic Alien Verification for Entitlements program.
The Limitations of Current Systems
Although Florida authorities have access to this program, the lawsuit argues that it is inadequate for checking all possible noncitizens. The program requires officials to have biographic information and an immigration identification number to verify a person's citizenship status.
In the complaint, Florida Attorney General Ashley Moody and other state lawyers stated, "Without further information from [the Department of Homeland Security], Florida is unable to fulfill its statutory duties to ensure the integrity of its elections and maintain accurate voter registration records." They added that Florida's inability to fulfill its statutory obligations inflicts sovereign injury upon the state.
The Legal Action Taken
The complaint was filed in a federal court in Pensacola. Florida authorities are requesting the court to declare USCIS's refusal to provide information on the individuals illegal, compel U.S. officials to provide the information, and award Florida costs and attorneys' fees.
The lawsuit targets the U.S. Department of Homeland Security (DHS)—the parent agency of USCIS—and the DHS secretary.
In a statement, Moody said, "Voting is a right granted to American citizens—not illegal immigrants or other noncitizens. The Biden–Harris administration has allowed millions of illegal immigrants into the country, and we must ensure that only citizens are on our voter rolls. I am taking legal action against the Department of Homeland Security and Secretary [Alejandro] Mayorkas to ensure Florida is able to maintain the integrity of our state's voter rolls."
Unclear Numbers and a Response from DHS
The lawsuit did not specify the number of potential noncitizens Florida authorities had identified. The authorities stated in the filing that they would not publicly disclose information about the individuals, but would be willing to file redacted information in an amended complaint or provide the information to Defendants and the Court under a protective order if necessary.
A DHS spokesperson declined to comment on the pending litigation, but stated that "USCIS has engaged with Florida and will continue to correspond with them directly through official channels."
Bottom Line
This lawsuit raises important questions about the integrity of the voting system and the responsibilities of both state and federal authorities in maintaining accurate voter rolls. It also highlights the tension between state and federal authorities on issues of immigration and voting rights. What do you think about this situation? Feel free to share this article with your friends and discuss it. Remember, you can sign up for the Daily Briefing, which is delivered every day at 6pm.
