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Two U.S. district judges reached opposite conclusions on whether the Department of Homeland Security must maintain expanded access to the SAVE citizenship verification system for four states. One order blocked nationwide changes; the second directed restoration of features for Florida, Ohio, Iowa, and Indiana.
Washington ExaminerTwo federal judges issued conflicting orders on the Department of Homeland Security's use of the Systematic Alien Verification for Entitlements database, known as SAVE, for state voter-roll checks. U.S. District Judge Sparkle Sooknanan blocked modified SAVE features nationwide on June 22.
The ruling followed arguments from voting rights and privacy groups that the changes exposed Social Security data and risked misidentifying eligible voters. U.S. District Judge T. Kent Wetherell II ordered DHS on Tuesday to restore bulk searches and Social Security number checks for Florida, Ohio, Iowa, and Indiana.
Wetherell found that disabling those features to follow Sooknanan's order violated a prior settlement agreement with the four states.
Background of the cases Florida sued the department in 2024, alleging inadequate responses to citizenship verification requests. After the change in administration, DHS settled with Florida and three other states, agreeing to keep the expanded SAVE tools in place.
The Washington, D.C., case was filed separately by advocacy groups under the Privacy Act, the Social Security Act, and the Administrative Procedure Act. Sooknanan rejected the administration's request Wednesday to stay her order pending appeal.
Legal arguments presented Wetherell wrote that compliance with the other judge's order did not excuse the breach of the settlement. He stated he was not persuaded that his order should yield. Sooknanan said Wetherell erred in making merits determinations about SAVE's legality.
She also wrote that Section 1373 does not by itself authorize the modified system. Hans von Spakovsky of Advancing American Freedom told the Washington Examiner that 8 U.S.C. 1373 and the Help America Vote Act support state access to the data. Abhishek Kambli, formerly of the Justice Department, posted that the Florida settlement is likely to prevail because Sooknanan's remedy was vacatur rather than a permanent injunction.
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