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LEGAL NEWSLINE

Wednesday, November 6, 2024

Florida sues DHS over refusal to verify voter roll immigration records

State AG
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Attorney General Ashley Moody | Office of Attorney General Ashley Moody

TALLAHASSEE, Fla.—Attorney General Ashley Moody has initiated legal proceedings against the U.S. Department of Homeland Security (DHS) and its Secretary Alejandro Mayorkas. The lawsuit addresses DHS's refusal to verify immigration records for Florida, which aims to ensure the integrity of its voter rolls.

According to Attorney General Moody, "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 Mayorkas to ensure Florida is able to maintain the integrity of our state’s voter rolls."

Florida identified registered voters who may not be U.S. citizens but faces obstacles in confirming their immigration status due to DHS's non-compliance with information requests. Florida Secretary of State Cory Byrd stated, "The Florida Constitution is clear that only citizens can vote in our elections. Florida is calling on the federal government to dismantle the barriers blocking the states from obtaining critical information needed to prevent non-citizens from voting in our elections. We are going to prevail in our effort to uphold the law and uphold the Constitution’s guarantee of one citizen, one vote."

Evidence indicates that noncitizens frequently register to vote nationwide. To address this issue and preserve election integrity, Florida requested access to immigration records—a request denied by DHS, as were similar requests from other states.

Under existing legislation—the Immigration Reform and Immigrant Responsibility Act—Congress mandates that DHS respond to inquiries from government agencies regarding citizenship or immigration status verification.

Florida seeks a court ruling declaring unlawful DHS's failure to provide necessary information for verifying individuals' citizenship or immigration status. Additionally, it requests permanent injunctive relief mandating compliance with such inquiries.

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