Virginia is now authorized to remove non-citizens from its voter rolls following a decision by the U.S. Supreme Court, which granted a stay on a lower court's injunction. This decision comes after Attorney General Ken Paxton, along with attorneys general from 25 states, filed an amicus brief supporting Virginia's efforts to maintain election integrity.
The U.S. Department of Justice had previously sued Virginia on October 11 to prevent the removal of self-identified non-citizens from the state's voter rolls. According to federal law, non-citizens are not eligible to vote in American elections, and it is illegal for them to register or attempt to vote. A federal judge issued a preliminary injunction against Virginia on October 25, halting the removal process.
The multistate brief argued that this injunction interfered with states' constitutional authority to determine voter qualifications and ensure only eligible U.S. citizens participate in elections. The brief criticized what it described as "lawfare" by the federal government, which they claim disrupts states' sovereign responsibilities regarding voter eligibility and election administration.
With the Supreme Court's recent decision, Virginia can proceed with removing self-identified non-citizens from its voter rolls. Attorney General Paxton commented on the situation: “The Biden-Harris Administration sued Virginia to force them to put noncitizens back on the voter rolls while the Election is already under way. It is not only a federal crime for noncitizens to vote but for them to even register to vote in the first place,” he stated. “The Biden-Harris Administration’s legal meddling was irresponsible, reckless, and political. States have a constitutional duty to prevent noncitizens from voting. The Supreme Court did the right thing.”