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"The SAVE database has known errors, including incorrectly flagging numerous eligible citizens... as noncitizens," an election security expert told Common Dreams.
Many eligible voters may be at risk of having their voter registrations wrongfully canceled just weeks before the midterms after the US Supreme Court cleared the way on Friday for the Trump administration to screen voters using a database known for flagging naturalized citizens.
In a 6-3 decision, the court's conservative majority lifted a lower court order that blocked the Department of Homeland Security (DHS) from using and expanding the Systematic Alien Verification for Entitlements (SAVE) database—whose original purpose was to check if noncitizens qualified for government benefits—to trawl through state voter rolls and link them to information supposedly confirming citizenship.
The expanded SAVE system relied upon by the Trump administration has also incorporated federal immigration and Social Security records that can be outdated.
"Because Social Security data was never intended for verifying voter eligibility, [the Social Security Administration] has no reason to keep people’s immigration status up to date in cases where it isn’t relevant for their benefits," explained Nancy Altman, president of Social Security Works, on Friday.
"As a result," she said, "US citizens could wrongfully lose their right to vote."
Investigations and court records have documented eligible US citizens being wrongly targeted by voter-purge systems using flawed citizenship data. In Missouri and Texas, for example, investigations have found that the system wrongly flagged hundreds of eligible voters as noncitizens, often those born outside the US who have since become naturalized.
Halting the SAVE system's implementation in June, Judge Sparkle Sooknanan of the US District Court in Washington, DC, wrote that the Trump administration had “haphazardly combined and repurposed the private information of millions of Americans, including citizenship data that they knew to be unreliable."
But the Supreme Court's conservatives wrote on Friday, in an unsigned majority opinion, that the lower court's block on the use of SAVE impeded “the federal government’s efforts to assist state and local agencies in the proper administration of the midterm elections.”
In her dissent, the liberal Justice Ketanji Brown Jackson emphasized that "the harm caused by burdening or disenfranchising even a few lawful voters outweighs the nonexistent harm that the government experiences when it is prevented from taking an action that it likely lacks the authority to take."
The court did not issue a final ruling on SAVE's legality to scrutinize voting rolls. But the timing—less than six weeks before the November 3 midterm elections—means the administration can potentially use it to direct states to identify and purge purported noncitizens on their voter rolls.
"The Supreme Court’s decision today wrongly lifts the burden from DHS and puts it on the shoulders of voters," Pamela Smith, president and CEO of the election security nonprofit Verified Voting, told Common Dreams. "The SAVE database has known errors, including incorrectly flagging numerous eligible citizens, such as recently naturalized citizens, as noncitizens."
"Now more than ever," she said, "voters must check their registration well in advance of Election Day to ensure they are not swept up in a flawed system through no fault of their own."
Jon Sherman, the litigation director for the Fair Elections Center, told Common Dreams that the court's ruling did contain a "silver lining." It "acknowledged that the National Voter Registration Act cuts off systematic voter removal programs 90 days before a federal election." However, voters could still be individually flagged as potential noncitizens.
The use of citizenship data is part of a larger effort by Trump to "nationalize" voting to clamp down on what he claims, without evidence, is a rash of noncitizens voting. He has used unsubstantiated claims of mass illegal voting to justify his efforts to overturn his loss in the 2020 election to former President Joe Biden.
Earlier this month, the Supreme Court refused to let Trump enforce another portion of his voting executive order, which would have had the US Postal Service block mail-in ballots in states that did not turn over information about mail-in voters to the federal government.
There is little evidence that noncitizen voting, or voter fraud more generally, is a significant problem: The right-wing Heritage Foundation's nationwide database of alleged instances of voter fraud identifies just 99 total cases of suspected noncitizen voting dating back to the year 2000.
A Brookings Institution review of that data in 2024 found that across several swing states, all forms of fraud impacted less than one vote for every million, far below what would be needed to swing an election.
"The Supreme Court’s decision to allow DHS and states to use an error-ridden system is completely unacceptable and didn’t need to happen this close to the election," said Virginia Kase Solomón, the president and CEO of the watchdog group Common Cause. "This DHS system, which the federal government itself admits is flawed, has always been part of the Trump administration’s campaign to interfere in our elections and sow distrust—and it will fail."
The legal challenge to the SAVE database was brought by the League of Women Voters and several state affiliates, along with the Electronic Privacy Information Center (EPIC), who are represented by Democracy Forward, Citizens for Responsibility and Ethics in Washington (CREW), and the Fair Elections Center.
The coalition said Friday's decision was "profoundly disappointing, as it puts millions of Americans at risk of being unlawfully targeted by the administration’s unreliable voter purge database weeks before the midterm elections."
"However, this case is not over," it said. "The DC District Court ruled that the expanded SAVE program violated multiple laws. We will be doing everything in our power to protect Americans’ voting and privacy rights by ensuring that the district court decision stands."
Rep. Delia Ramirez (D-Ill.) said that with Friday's ruling, the Supreme Court had upheld a "Trump administration voter-suppression tactic."
"It's disappointing that the Supreme Court decided to capitulate to and enable an authoritarian, again," she said. "States must hold the line and do everything in their power to protect voting rights and our democracy!"
"ICE agents entered a polling place to intimidate a worker about her social media posts," said a civil liberties advocate.
A poll worker in Syracuse, New York said she was left unsettled after a pair of US Immigration and Customs Enforcement agents showed up at her polling place to tell her to delete Instagram content calling for the indictment of the agent who shot Renee Good in January.
The worker, Paigelynne Gonyea, was in the middle of her shift during Tuesday's elections in New York when she received a phone message from someone who identified himself as Dave Brody, a special agent with the Department of Homeland Security.
He said agents "were just by" her apartment and had spoken to her husband about a post in which she "doxxed an ICE agent back in January."
Gonyea said the agents were referring to a post she made on January 8, 2026, the day after an ICE agent shot and killed Good, a 37-year-old mother and US citizen, in Minneapolis. The post contained an image of the masked agent, who had at that point been identified as Jonathan Ross by the Minnesota Star Tribune.
"The ICE agent who shot and killed Renee Good in broad daylight has been identified as Jonathan Ross by the Minnesota Star Tribune," the post read. "I think today is a great day for Jonathan to be indicted!"
Gonyea said she could not leave her job working the polls to speak with the agents, so she told them to come to her polling place. "They knew I was a poll site worker and still came in," she said.
Referencing what happened to Good, she said she refused to meet with the agents outside alone.
“I’ve seen the news, especially in Minnesota,” she said. “And I didn’t want anything to happen to me at all.”
Video of the encounter, shot by another employee, shows the two agents entering the polling site at Central Library on Salina Street.
The agents handed Gonyea a form letter that read, "YOU MAY BE IN VIOLATION OF FEDERAL LAW."
The form, which Gonyea posted, said ICE's Office of Professional Responsibility (OPR) had identified a post on Gonyea's account that it believed "may constitute a violation" of federal law.
The notice informed her that "it is unlawful to threaten to assault, kidnap, and/or murder a federal official" and that "knowingly making restricted personal information about a covered person, or their immediate family member, publicly available with the intent to threaten, intimidate, or incite the commission of a crime" was also illegal. It said violating these laws could subject her to state and federal prosecution.
The letter directed her to "promptly remove and/or discontinue the aforementioned behavior." It warned her that receipt of the notice "will be taken into consideration, should you continue to be involved in any criminal activities described above."
Gonyea told Syracuse.com that the agents presented her with copies of her social media posts and her driver's license and that "they tried to scare me into signing" the document "while I was working."
She refused to sign the notice despite continued pressure from the agents.
Gonyea was emphatic that her post—which only repeated publicly reported information—did not violate the law.
“I didn’t dox his personal information, such as address, phone number,” she said, adding that she would not remove the post.
Gonyea has discussed the case with the New York Board of Elections and the attorney general’s civil rights office, and she said she has contacted US Rep. John Mannion (D-NY), Syracuse Mayor Sharon Owens, and the New York Civil Liberties Union.
She has created a GoFundMe page to pay for potential legal expenses.
“For ICE to come to me over a social media post just feels very 1984 to me,” Gonyea said. “They definitely should have known better to not go into a polling place, even if I said it was OK.”
In a post on her GoFundMe page, Gonyea described the incident as a "pretty unsettling run-in."
"It’s the kind of situation that makes you stop and think about free speech and how far government authority can go. Honestly, it shook me, and I don’t think it’s something that should just be brushed off," she said. "It just doesn’t sit right with me."
Dustin Czarny, the election commissioner for Onondaga County, emphasized that federal law only allows specific people to enter polling places during elections—including poll workers, elections inspectors, voters eligible to vote at the site, and someone a voter brought to assist them in voting
Federal law specifies that it is unlawful for anyone in federal service to send “troops or armed men” to places where elections are held.
“There’s no role for law enforcement officials to be inside a polling place unless they are responding to an emergency of some kind,” Czarny said. “There is no indication of that here.”
Despite this, Trump administration officials have indicated a desire to send ICE agents to polling places on election day during the 2026 midterms.
Then-Homeland Security Secretary Kristi Noem said in February that her department had been "proactive to make sure we have the right people voting" in elections. In March, then-Deputy Attorney General Todd Blanche asked at a conservative political conference, "Why is there objection to sending ICE officers to polling places?” adding, "Illegals can't vote. It doesn't make any sense."
Trump refused to rule out the possibility when asked about it by reporters in May, saying he'd "do anything necessary to make sure we have honest elections."
Critics of ICE have described agents' demands for Gonyea to remove political speech as a worrying new frontier for the agency's encroachments on civil liberties.
"ICE agents entered a polling place to intimidate a worker about her social media posts," said David J. Bier, the director of immigration studies at the Cato Institute. "Wouldn't you quit before you carried out an order to do this?"
"Americans refuse to be intimidated by these government criminals who hate the Constitution," he added. "Normal people want accountability, not impunity for killing Americans unnecessarily."
"But it’s not enough for ICE to disagree; they need to stamp out dissent," he said. "I know they monitor my social media. You should know that they’re monitoring yours too."