Florida has taken legal action against the Biden administration, accusing it of obstructing efforts to verify immigration records, a process the state claims is critical to ensuring the integrity of its voter rolls. This lawsuit, filed by Florida officials, is the latest escalation in the ongoing battle between Republican-led states and the federal government over election security and voter integrity.
The lawsuit, first reported by Fox News, centers on the Department of Homeland Security (DHS) and its alleged refusal to comply with federal law requiring cooperation with state and local governments. Florida is seeking access to DHS databases to verify the immigration status of individuals within the state, arguing that such information is crucial to prevent noncitizens from registering to vote illegally.
At the heart of Florida’s lawsuit is the assertion that the state has a responsibility to ensure its voter registration records are accurate and up-to-date. Florida Attorney General Ashley Moody emphasized that voting is a right reserved for American citizens, and the lawsuit is a direct response to the Biden administration’s perceived failure to assist in verifying immigration status. Moody stated, “Voting is a right granted to American citizens — not illegal immigrants or other noncitizens.” She further argued that by refusing to provide the necessary immigration records, the Biden administration is undermining the state’s ability to maintain fair and lawful elections.
The lawsuit claims that the current immigration crisis at the southern border, which has seen millions of noncitizens enter the country, heightens the importance of maintaining secure voter rolls. Florida officials argue that without access to DHS data, the state cannot effectively prevent noncitizens from illegally registering to vote, jeopardizing the principle of “one citizen, one vote.”
The crux of Florida’s legal argument is that DHS is legally obligated to respond to requests for immigration verification under the Immigration and Nationality Act. This federal law allows states to access federal databases to check the immigration status of individuals when necessary, a provision Florida argues is being ignored by the Biden administration. The state’s lawsuit requests a court order declaring DHS’s actions unlawful and mandating the agency to comply by providing the requested information.
Florida Secretary of State Cord Byrd also weighed in on the lawsuit, underscoring the state’s constitutional duty to ensure that only citizens are permitted to vote. Byrd remarked, “The Florida Constitution is clear in limiting voting rights to citizens only. We will not allow our voter rolls to be compromised.” Byrd called on the federal government to eliminate the roadblocks preventing Florida and other states from verifying voter eligibility.
This legal action against the Biden administration is part of a larger trend of Republican-led states taking steps to tighten election security, particularly when it comes to verifying voter eligibility. Florida’s lawsuit mirrors similar legal efforts in other states like Ohio, which has also sought access to DHS databases to check the immigration status of individuals on their voter rolls.
The Biden administration, for its part, has faced criticism from GOP officials for what they describe as a lack of cooperation on voter integrity issues. Florida’s lawsuit is just the latest example of this conflict, which has become a central issue for Republicans in the lead-up to the 2024 elections. These states argue that the federal government is failing to uphold its responsibilities, leaving states unable to fully protect their elections from fraud and manipulation.
In response to these efforts, the Department of Justice (DOJ) has previously sued several states, including Alabama and Virginia, for attempting to remove noncitizens from their voter rolls. The DOJ has cited the Quiet Period Provision of the National Voter Registration Act, which restricts voter list maintenance activities 90 days before an election. This provision has been a point of contention between state and federal officials, as some states argue it hampers their ability to maintain accurate voter rolls in a timely manner.
Virginia Governor Glenn Youngkin, whose state was among those targeted by a DOJ lawsuit, responded by calling the legal action “politically motivated.” He echoed Florida’s concerns, arguing that states have the right to protect their elections and that the federal government should not stand in the way.
Florida’s lawsuit adds fuel to the already heated debate over election security and the role of the federal government in ensuring the integrity of state elections. While Republican-led states argue that access to immigration records is essential to preventing voter fraud, Democrats and voting rights advocates have raised concerns that these efforts could lead to the disenfranchisement of eligible voters, particularly minority and immigrant communities.
Supporters of the Biden administration’s position argue that these lawsuits are part of a broader attempt to suppress voter turnout by creating unnecessary barriers to voting. They claim that instances of noncitizens illegally registering to vote are exceedingly rare and that states like Florida are overreacting to a non-issue in a way that could harm democracy.
On the other hand, Republican officials maintain that even a few cases of illegal voting undermine the legitimacy of elections and that robust voter roll maintenance is essential to ensuring public confidence in the electoral process. With the 2024 elections approaching, this issue is likely to remain a significant point of contention as states across the country grapple with balancing voter access and election security.
As the lawsuit moves forward, the outcome could set a precedent for how much access states have to federal immigration data for voter roll maintenance. If Florida succeeds, it could embolden other states to take similar legal action, reshaping the national landscape for election security measures.
