America First Legal (AFL) has written to the chief election authorities of all fifty States, along with each Governor and Attorney General, detailing how they can leverage two essential federal laws to access information from the U.S Department of Homeland Security regarding the citizenship or migration status of people for legal purposes. AFL shows states how to stop illegal voter fraud. Maintaining the precision of voter rolls and checking out the elimination of possibly disqualified citizens are undoubtedly actions permitted by law, making these laws vital for equipping States and local governments with the necessary information to prevent non-citizens from participating in elections.

Because of the massive rise in illegal migration to the United States considering January 20, 2021, with a huge influx of individuals getting into the nation, and amidst growing issues about prospective non-citizen voter registration, election authorities must take proactive measures within the bounds of present legislation to secure the stability of upcoming elections.

The Problem: The concern of noncitizens voting in federal elections can be complex– including what States are and are not permitted to do when voter candidates utilize the federal kind:

Federal law prohibits foreign nationals from voting or signing up to vote in federal elections.
Federal law likewise imposes upon States a commitment to conduct voter list upkeep.
The U.S. Election Assistance Commission (EAC) produced a federal voter registration system that does not require candidates to show evidence of citizenship. Instead, it involves citizen registrants to sign a type “under penalty of perjury,” swearing or affirming that “I am a United States citizen.”

The Supreme Court of the United States formerly held that because the National Voter Registration Act (NVRA) requires that States need to “accept and use” the EAC form– which does not require documentary proof of citizenship– then “the NVRA prohibits States to require that a candidate send additional details beyond that needed by the Federal Form. AFL shows states how to stop illegal voter fraud.

The outcome is that, under existing law analyzed by the Supreme Court, anybody can register to vote using the EAC Federal Form without providing documentary proof of citizenship.
This outrageous state of affairs, which is entirely contrary to common sense and the practices of other countries worldwide, has led to numerous bills being introduced to correct the situation at the point of voter registration– such as the SAVE Act. Such bills are essential to protect the integrity of our elections. This plan provides something that States can do NOW until legislation like the SAVE Act becomes law.

Further, aside from the weaknesses in the EAC Federal Form, there are gaps and loopholes in the voter registration process in States that do not (or did not in the past, particularly before the requirements of the REAL ID Act of 2005 related to driver’s licenses) require documented proof of citizenship.

Even DHS’s Systematic Alien Verification for Entitlements (SAVE) program, which many states use in various ways to determine eligibility for access to benefits for aliens in the United States, has critical flaws that make it unworkable for most States and localities to use to verify a voter registrant’s citizenship status.

SAVE necessitates users to provide an Alien Registration Number or another DHS identifier to conduct searches through the system, a requirement that States and localities lack when enrolling individuals for voting purposes.

States and local governments have struggled to guarantee that non-citizens are not listed on voter rolls and do not cast ballots in national elections.

Two federal statutes that have been on the books for nearly three decades allow states to obtain information about the citizenship or immigration status of any individual for any lawful purpose. Specifically, 8 U.S.C. § 1373( c) provides that (the reference to the former Immigration and Naturalization Service, abolished twenty-three years ago, now means the Department of Homeland Security):

Additionally, US Code Section 1644 States the Following

According to statutory provisions, states and local governments are empowered to petition the Department of Homeland Security (DHS) for access to an individual’s citizenship or immigration status as long as the request is grounded in a legally authorized purpose. Moreover, DHS must furnish the requested information in response to such inquiries, and neither the department nor any other entity can impede or limit access to this data.

The federal law states clearly that only United States citizens are allowed to vote in federal, and foreign nationals, even if they are lawfully present in the country, are not permitted to register or vote. States are responsible for removing ineligible voters from their rolls, and many states have their own laws requiring citizenship for voting. Additionally, states have the authority to request information on the immigration status of aliens in the U.S. under 8 U.S.C § 1644. Therefore, under 8 U.S.C. § 1373( c), it is lawful for a state to inquire with the Department of Homeland Security about the citizenship status of currently registered voters.

Accordingly, States and localities should submit requests to DHS to verify the citizenship or immigration status of registered voters on voter rolls where there are any reliable indicators that a voter may not be a U.S. citizen.

Five Things New Preppers Forget When Getting Ready for Bad Times Ahead/.
While foreign nationals voting in American elections is a serious problem under any circumstances, under President Biden’s abysmal leadership, America is facing the greatest immigration crisis the world has ever witnessed. With legions of illegal aliens crossing the border every day and programs that fly hundreds of thousands of illegal aliens into cities across the United States, the likelihood and volume of noncitizen voting has never been higher.

Declaration from Stephen Miller, Leader of America First Legal Organization

“Joe Biden is mass importing criminal migrants, giving them social security numbers, and handing out voter registration forms to migrants, and vigorously opposes any and every effort to verify the citizenship of voters before voting. This is a clear, unambiguous, and direct effort to sabotage the 2024 election through potential mass illegal alien voting– aiding and abetting dramatic foreign interference and the subversion of our democracy.

In the face of this unprecedented menace to our electoral process, America First Legal is issuing a critical guidance document to election authorities across all 50 states, outlining the urgent measures they can take to safeguard the integrity of our democracy by removing ineligible non-citizens and undocumented immigrants from voter registration lists. Any elected official committed to preserving the rights of their constituents must take swift action to implement these recommendations without delay. The situation demands immediate attention, and patriotic leaders must act decisively to prevent unlawful voting and protect the sanctity of our elections. This comprehensive plan from AFL provides a clear roadmap for officials to follow, and we stand ready to support those willing to take decisive action. Time is of the essence, emphasized Stephen Miller.

Gene Hamilton’s Statement as Executive Director of America First Legal

States have the utmost authority, obligation, and expectation from the American people to prevent noncitizens from voting in elections. Congress has equipped States with the tools necessary to verify the citizenship status of registered voters and remove ineligible foreign nationals– but States must act swiftly to ensure that only citizens vote in this fall’s elections. Failing to use these available tools is an abdication of the responsibility to ensure our elections are decided solely by, and for, the American people,” said Gene Hamilton.

Read the letters Read the Letters HERE