Justice Department to share voter data with DHS citizenship check tool
DOJ acknowledged in court Thursday that it plans to share voter registration data with DHS to be run through a U.S. citizenship check tool.
Objective Facts
The Department of Justice acknowledged in court Thursday that it plans to share voter registration data it gets from states with the Department of Homeland Security, so that the data can be run through a U.S. citizenship check housed at DHS. The disclosure came during a federal court hearing in Rhode Island. The state is one of more than two dozen that have been sued by the DOJ for rejecting the department's request for sensitive voter data. The admission was first reported by CBS News. Last year, the Trump administration overhauled a DHS data system known as SAVE into a controversial citizenship lookup tool that can use a person's name, date of birth and Social Security number to verify citizenship. Some U.S. citizens have also been inaccurately flagged by SAVE, which has compounded concerns by voting rights advocates that the use of SAVE will disenfranchise eligible voters. The Justice Department has yet to make any public announcements about a data sharing agreement with DHS or provide an opportunity for the public to comment about the plan, which is required under the Privacy Act before data is shared.
Left-Leaning Perspective
Left-leaning outlets and voting rights organizations immediately characterized the DOJ's court disclosure as a vindication of their months-long warnings. The Campaign Legal Center's senior legal counsel stated that "DOJ's revelation in the Rhode Island hearing seem to confirm what CLC and others have argued in courts across the country – that the federal government's efforts to obtain voter rolls is part of a larger project to supplant the states' constitutional authority to administer elections and maintain voter rolls." Organizations like the League of Women Voters, ACLU, and Brennan Center have framed the data-sharing plan as an unconstitutional federal overreach that violates state authority and voter privacy. Civil rights groups argue that while framed as measures to enhance election integrity, these actions could infringe on states' constitutional authority to administer elections; perpetuate false narratives that erode trust in elections; facilitate the unjust targeting of immigrants; and raise urgent concerns about the privacy, legality, and the potential for misuse of the sensitive personal information contained in voting records. The League of Women Voters' director stated "The Trump administration is hunting people to try to purge people from the rolls who are lawfully registered, and they are doing it by looking at unreliable, outdated data." The left's core grievance centers on the disconnect between DOJ's stated purpose to courts—ensuring voter roll maintenance—and its apparent actual purpose: building a national voter database for immigration enforcement. For months, state officials and voting rights advocates have said it's an open question whether at least part of DOJ's motivation for receiving voter roll data from states was to share that data with DHS and run voters through SAVE. The left emphasizes that some U.S. citizens have been inaccurately flagged by SAVE.
Right-Leaning Perspective
Right-leaning outlets and administration officials frame the data-sharing initiative as a necessary and lawful tool to protect election integrity. DHS characterized the collaboration as one that "will lawfully and critically enable DHS to prevent illegal aliens from corrupting our republic's democratic process and further ensure the integrity of our elections nationwide." Attorney General Bondi emphasized that "Accurate, well-maintained voter rolls are a requisite for the election integrity that the American people deserve" and referenced fulfilling the department's duty to ensure transparency and voter roll maintenance. Conservatives argue that instances of non-citizens voting are rare, but election officials and voter advocates acknowledge that non-citizens do sometimes end up on registration rolls, often inadvertently. They cite specific cases where states have identified noncitizens on rolls using SAVE, framing it as evidence that the tool works. In Arizona, officials discovered 137 noncitizens who were registered to vote, and 60 of them had already cast ballots in elections. From the right's perspective, the data-sharing arrangement represents a pragmatic enforcement mechanism using existing legal authority. The right largely avoids engaging with privacy concerns, instead presenting voter verification as a technical and lawful process for maintaining accurate rolls. There is minimal acknowledgment in conservative sources of the SAVE system's documented accuracy problems or the false-positive issue that troubles the left.
Deep Dive
The Rhode Island court disclosure marks a pivotal moment in a months-long dispute over federal power and election administration. For months, state officials and voting rights advocates have said it's an open question whether at least part of DOJ's motivation for receiving voter roll data from states was to share that data with DHS and run voters through SAVE. Multiple federal judges in California, Oregon, and Michigan had previously dismissed DOJ lawsuits, with one calling the government's request "unprecedented and illegal," yet DOJ continued its campaign. The public acknowledgment in Rhode Island suggests either a strategic shift or an admission forced by judicial questioning. What each side gets right: The left correctly identifies that the Justice Department has yet to make any public announcements about a data sharing agreement with DHS or provide an opportunity for the public to comment about the plan, which is required under the Privacy Act before data is shared. This represents a legitimate procedural concern. The right correctly notes that non-citizens do sometimes end up on registration rolls, often inadvertently, and that some mechanism for verification is reasonable. What each side omits: The left underplays the documented instances of noncitizens on rolls that SAVE has identified (though small in percentage terms, they exist in the thousands). The right minimizes the compounded concerns by voting rights advocates that the use of SAVE will disenfranchise eligible voters given documented false-positive rates. The unresolved tensions: Federal judges in California, Oregon and Michigan have dismissed DOJ's lawsuits in those states, with the California judge calling the government's request "unprecedented and illegal." Yet appeals are ongoing, and the White House has been directly involved in coordination discussions. The Privacy Act requirement for public comment has not been met, but the administration appears to be proceeding regardless. Whether courts will ultimately block the data-sharing agreement or enforce Privacy Act compliance requirements remains to be determined in the appellate process scheduled for spring 2026.