On Tuesday, former President Donald Trump's administration requested the U.S. Supreme Court to reinstate a broadened version of a federal system designed to verify the citizenship of individuals listed in voter registries. This system has been on hold since June due to a federal judge's order.
The emergency appeal was filed by Solicitor General D. John Sauer on behalf of the Department of Homeland Security (DHS) and other Trump administration officials. The appeal seeks to overturn a federal court decision in Washington D.C. that halted changes made to the Systematic Alien Verification for Entitlements (SAVE) program.
This legal action comes less than two months before the crucial midterm elections on November 3, where control of Congress hangs in the balance. It follows a federal appeals court's decision last Friday to deny the administration's request to lift the initial court's ruling.
Administered by the Department of Homeland Security, SAVE is a service that allows government agencies to verify citizenship and immigration status information. Before 2025, its functionality was limited, primarily requiring an immigration registration number, which native-born U.S. citizens do not have.
The Trump administration modified SAVE to enable searches using Social Security numbers and to process requests in large batches. When an individual's data is entered, SAVE checks records from the Social Security Administration and other federal systems if necessary to confirm citizenship.
This change was part of an executive order on electoral integrity signed by Trump on March 25, 2025, directing the DHS to ensure state and local authorities could access tools to verify the citizenship or immigration status of those attempting to register or already registered to vote.
Trump's directive aimed to enhance measures preventing non-citizens from participating in federal elections and required voter registries to be kept up-to-date.
Legal Challenges and Court Decisions
The League of Women Voters, along with several state organizations and the Electronic Privacy Information Center (EPIC), challenged the modifications to SAVE in court.
In June, Judge Sooknanan ruled the updated system illegal, asserting it violated the Social Security Act, the Privacy Act, and the Administrative Procedure Act (APA). The judge ordered the suspension of the updated system and its related administrative notices.
Judge Sooknanan also noted that some U.S. citizens were affected by incorrect information. For example, naturalized citizens whose Social Security records did not accurately reflect their citizenship status might mistakenly be recorded as non-citizens.
The administration argues that SAVE itself does not remove individuals from voter rolls but instead informs states whether the federal government can confirm their citizenship. If the system cannot provide confirmation, state authorities must request additional documentation before making a decision.
Implications for Upcoming Elections
In its Supreme Court appeal, Solicitor General D. John Sauer described Judge Sooknanan's ruling as "indefensible," claiming it threatens the integrity of the upcoming elections by preventing the government from using internal Social Security data to answer state citizenship verification requests.
The administration claims that since May 2025, the updated SAVE system has verified over 65 million voters as U.S. citizens across 26 states and identified 28,635 individuals as potential non-citizens on voter lists. These figures are part of the administration's argument and do not necessarily imply these individuals voted illegally.
The administration contends that reverting to the previous system would require using a "slower, cumbersome, and less effective" mechanism and warns that overturning the ruling after the November elections would be too late to prevent the alleged harm.
Conversely, the groups opposing the system argue that outdated or incorrect information could force legitimate citizens to reprove their citizenship, potentially leading to the erroneous cancellation of their voter registrations. The D.C. Circuit Court of Appeals denied the administration's earlier request to lift the block on September 4.
The Supreme Court must now decide whether to temporarily suspend Judge Sooknanan's decision and allow the Trump administration to fully utilize the modified SAVE system while litigation continues.
Key Questions on Voter Citizenship Verification
What is the purpose of the SAVE system?
The Systematic Alien Verification for Entitlements (SAVE) system is designed to allow government agencies to verify the citizenship and immigration status of individuals, particularly for those registered or attempting to register to vote.
Why did the Trump administration want to modify SAVE?
The Trump administration sought to modify SAVE to enhance its functionality by allowing searches using Social Security numbers and processing requests in bulk. This change aimed to ensure that state and local authorities could verify citizenship more efficiently for electoral integrity.
How did the court rule on the SAVE modifications?
Judge Sooknanan ruled that the modifications to SAVE were illegal, citing violations of the Social Security Act, the Privacy Act, and the Administrative Procedure Act. The court ordered the updated system and its administrative notices to be suspended.