Texas AG Sues Biden Administration Over Citizenship Verification

Estimated Time to Read: 4 minutes

Overview of the Lawsuit

Texas Attorney General Ken Paxton (R) has filed a lawsuit against the Biden administration, alleging that the federal government has failed to provide citizenship data needed to verify the eligibility of over 450,000 registered voters in Texas. The lawsui, names the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) as defendants.

The lawsuit seeks to compel the federal government to provide the necessary data, which Texas officials argue is required to ensure only eligible U.S. citizens are registered to vote. Texas law prohibits non-citizens from voting, but the state is unable to confirm the citizenship status of these registered voters without federal assistance.

In filing the lawsuit, Paxton said,

“The Biden-Harris Administration has refused to comply with federal law, presenting yet another obstacle for Texas to overcome in ensuring free and fair elections in our state. The law demands that they provide important information regarding the citizenship of nearly half a million potentially ineligible voters. Since the Biden-Harris Administration has chosen to ignore the law, I will see them in court.” 

Background: Texas’ Request for Citizenship Data

In mid-September 2024, Attorney General Paxton requested that Texas Secretary of State Jane Nelson (R) formally seek assistance from DHS and USCIS to verify the citizenship of registered voters whose status could not be confirmed through state resources. Paxton and Nelson identified approximately 450,000 voters whose citizenship status could not be verified because they registered through methods that bypassed the state’s existing verification systems.

Federal law prohibits states from requiring documentary proof of citizenship when registering voters for federal elections. As a result, Texas must rely on federal agencies to confirm the citizenship status of voters who do not provide state-issued identification, such as a driver’s license or ID card, during registration.

Legal Basis for the Lawsuit

The lawsuit is based on 8 U.S.C. § 1373(c), which requires federal agencies to provide state and local governments with citizenship or immigration status data upon request. Texas officials argue that DHS and USCIS have failed to comply with this requirement, preventing the state from accurately verifying the eligibility of certain voters.

The lawsuit also challenges the use of the Systematic Alien Verification for Entitlements (SAVE) program, which USCIS suggested as a tool for verifying citizenship. Texas officials argue that the SAVE program is inadequate for verifying voter rolls because it requires identifiers not available for many of the registered voters in question, and it charges fees for each verification request.

Texas’ Efforts to Maintain Accurate Voter Rolls

Texas has taken steps to ensure the accuracy of its voter rolls. In August 2024, Governor Greg Abbott announced that Texas had removed over one million ineligible voters, including 6,500 non-citizens. However, the citizenship status of over 450,000 registered voters remains unverified, prompting Texas officials to seek assistance from the federal government.

Paxton and Nelson have expressed concern that without access to federal citizenship data, Texas cannot ensure that its voter rolls are free of ineligible voters. Paxton’s lawsuit seeks to address this issue by compelling the federal government to provide the necessary data.

Federal and State Law on Voter Registration

Both federal and state laws prohibit non-citizens from voting in U.S. elections. Under federal law, non-citizens are prohibited from voting in elections for federal office, and Texas law similarly prohibits non-citizens from voting in state elections. However, a 2013 Supreme Court decision (Arizona v. Inter Tribal Council of Ariz., Inc.) ruled that states cannot require proof of citizenship for voters registering for federal elections.

As a result, states like Texas must rely on federal agencies to provide citizenship data for voter registration verification. Texas officials argue that the federal government’s refusal to provide this data creates opportunities for non-citizens to register and vote without proper verification.

Implications for Election Integrity

The lawsuit raises broader questions about how states can ensure the accuracy of their voter rolls in light of federal restrictions on citizenship verification. Texas officials argue that without access to federal citizenship data, the state cannot fully enforce its laws prohibiting non-citizens from voting.

If successful, the lawsuit could compel the federal government to provide citizenship data more readily, allowing states like Texas to better maintain their voter rolls and ensure that only eligible U.S. citizens are registered to vote.

Conclusion

Texas Attorney General Ken Paxton’s lawsuit against the Biden administration is part of an ongoing effort to verify the citizenship status of registered voters in the state. Texas officials are seeking federal assistance to confirm the eligibility of over 450,000 voters whose citizenship cannot be verified through state resources. The outcome of this lawsuit could have significant implications for how states manage voter registration and enforce election laws in the future.

Texas Policy Research relies on the support of generous donors across Texas.
If you found this information helpful, please consider supporting our efforts! Thank you!