Today, America First Legal (AFL) dispatched a letter to the chief election officials of all fifty states, with copies to each Governor and Attorney General. The letter outlines how existing federal laws can be utilized to obtain information from the U.S. Department of Homeland Security (DHS) regarding the citizenship or immigration status of individuals for “any purpose authorized by law.” AFL asserts that ensuring the integrity of voter rolls and investigating potentially ineligible voters are purposes sanctioned by law.
Given the significant rise in illegal immigration since January 20, 2021, and widespread concerns about noncitizens on voter rolls, AFL urges election officials to act under existing laws to safeguard upcoming elections.
The issue of noncitizens voting in federal elections is complex, especially regarding what states can do when voter applicants use the federal form. Currently, states and localities face challenges in ensuring that aliens are not registered to vote in federal elections.
Two federal statutes allow states to request information about an individual's citizenship or immigration status for any lawful purpose. Specifically, 8 U.S.C. § 1373(c) and 8 U.S.C. § 1644 mandate that DHS must respond to such requests and cannot restrict states from receiving this information.
Federal law requires voters in federal elections to be U.S. citizens and prohibits foreign nationals from registering or voting. States are also tasked with removing ineligible voters from voter rolls under these statutes. Consequently, AFL advises states and localities to submit requests to DHS for verifying the citizenship status of registered voters where there are reliable indicators that a voter may not be a U.S. citizen.
Stephen Miller, President of America First Legal, stated: “Joe Biden is mass importing criminal migrants, giving them social security numbers, and handing out voter registration forms to migrants, and vigorously opposes any and every effort to verify the citizenship of voters before voting. This is a clear, unambiguous, and direct effort to sabotage the 2024 election through potential mass illegal alien voting — aiding and abetting dramatic foreign interference and the subversion of our democracy.”
He continued: “In response to this extraordinary threat to our elections, America First Legal is releasing an emergency action plan to election officials in all fifty states explaining the steps they can immediately pursue to defend democracy by purging their voting rolls of illegal aliens and non-citizens."
Gene Hamilton, Executive Director of America First Legal added: “States have the utmost authority, obligation, and expectation from the American people to prevent noncitizens from voting in elections. Congress has equipped States with the tools necessary...but States must act swiftly...Failing to use these available tools is an abdication of responsibility.”