On September 25, 2026, the Supreme Court sided with the Trump administration, lifting a lower court order blocking the Department of Homeland Security (DHS) from using its revamped Systematic Alien Verification for Entitlements (SAVE) program, as The Hill reported. As a result, state and local election officials can once again run voter citizenship checks through the updated system ahead of the November midterms.
Background
Various agencies have used SAVE for years to help determine an individual’s immigration status. Typically, agencies use it when applying for benefits and licenses that may be provided only to those who meet certain qualifications. Election boards have also used SAVE to look up individual voters by using an alien’s registration number.
After President Trump signed an Executive Order in March 2025 ordering DHS to provide election boards with more information so they can use to verify citizens. DHS began linking SAVE to Social Security records. This database includes almost all United States citizens, including US born citizens. They can also search in bulk,, meaning states can input large numbers of voters to see whether they are citizens.
Several organizations filed suit against this change. One was the League of Women Voters. In June 2025, a U.S. District Judge in D.C. ruled that DHS should not use the new SAVE program. The judge determined that this violated the Social Security Act and the Privacy Act. Privacy acts govern what information can be disclosed to others. The D.C. Circuit denied the request to vacate the district court’s decision, and the administration appealed to the Supreme Court on an emergency basis.
Impact
This decision will only pause the district court decision until further notice. It leaves the question of whether this is legal undecided. The majority said it believes the plaintiffs will not succeed. They cited a 1996 immigration statute that allows them to disclose this information to the states.
This could impact voters before Election Day many states are already within 90 days of a federal election. This means states cannot purge their voter rolls at this point. Any actions must be taken on a case-by-case basis.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.