checks

Justices uphold Trump’s expanded data checks to spot noncitizens who registered to vote

The Supreme Court on Friday upheld President Trump’s expanded use of government data to spot non-citizens who are registered to vote.

The justices granted an emergency appeal from Trump’s lawyers and set aside a judge’s order that blocked use of this data on the grounds it was error-prone, particularly for naturalized citizens.

Justices Ketanji Brown Jackson, Sonia Sotomayor and Elena Kagan dissented.

The decision will aid states that seek to scrub their voter rolls and remove those who are not citizens.

Several Republican-led states including Texas and Florida supported the administration’s appeal.

The use of the new database “allowed Texas to more efficiently, promptly, and economically ensure the accuracy of its voter rolls,” the state said. It was “able to run its entire list of 18 million voters” through the expanded system of checks “in bulk and for no cost.”

It’s not clear the decision will have much impact in California and other Democratic-led states. It is likely to have a limited impact in the month ahead because the law forbids states from purging their voter rolls in the 90 days prior to an election.

The court, in an unsigned opinion, said the law supported use of the data.

“The federal Government has an obligation to respond to requests from state and local election officials seeking to verify the citizenship of voters,” the court said. “The order below prevents the federal government from using the program it believes is best suited to the task.”

The administration said the Department of Homeland Security can respond to more than 1 million requests per day to check if a person appears to be a citizen or not based on Social Security records and other data files.

If not, state or county election officials may require these suspect voters to furnish proof of their citizenship.

However, states and local election boards are not required to conduct these searches. The administration also said its data reports are not final proof of citizenship.

Upholding these data searches “would not require states, candidates, parties, or voters to do anything,” Solicitor Gen. D. John Sauer told the court. “It would simply make available to states additional information. … States that wish to use that information in the course of ensuring that only eligible citizens cast ballots this November should be free to do so.”

In dissent, Jackson said the court’s order creates the “risk that states might cancel the voter registrations of at least some recently naturalized citizens or force such persons to provide proof of citizenship before voting.”

The new system of voter checks is based on the 40-year-old Systematic Alien Verification for Entitlements, or SAVE, that was created by Congress. Then, the goal was to check if applicants were entitled to receive federal benefits.

Last year, Trump issued an executive order directing Homeland Security to expand the reach of SAVE to provide states “access to appropriate systems for verifying the citizenship or immigration status of individuals registering to vote or who are already registered to vote.”

It is a federal crime for non-citizens to register and vote.

Trump has long maintained that non-citizens are voting, but he has had little evidence to support that claim.

Voting rights advocates sued, contending the new “mass verification” system was not authorized by Congress and relied on data that is protected as private under the law.

In June, U.S. District Judge Sparkle Sooknanan, a Biden appointee, agreed and blocked use of the expanded searches. The administration has “trampled on the privacy rights of American citizens in a manner that threatens the sacred right to vote,” she said.

On Sept. 4, the U.S. court of appeals by a 2-1 vote refused to overturn her ruling, prompting the administration’s fast-track appeal.

The voting rights advocates, led by the League of Women Voters, had urged the court to stand aside.

“The government has recklessly created an error-laden master citizenship database that endangers millions of Americans’ privacy and voting rights,” they said.

The data searches are flawed, they argued, because they “only reflect a person’s citizenship status when they applied for a Social Security number. That status does not automatically update if the person later naturalizes.”

Texas admitted that the mass checks yield “some inaccurate information.” It said 2,724 people were cited as “potential non-citizens” among its 18 million registered voters.

In response, county officials had to check further to confirm the citizenship of these voters, the state said.

Last week, the Supreme Court dealt Trump a defeat when it blocked use of his proposed postal rules that could have prevented millions of voters from casting ballots by mail.

In a brief order, the court said Trump’s claims of power over states and their voting were “unlikely to succeed.”

But in the case of the expanded data files, the court said the law appears to favor the administration.

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Trump promises $500 Obamacare rebate checks for 1 million enrollees in 30 states

Fatima Hussein and Ali Swenson

The Trump administration is promising $500 rebate checks to an estimated 1 million Affordable Care Act enrollees across 30 states, who the White House alleged were overcharged by the Biden administration for exchange fees.

The promise comes after Trump pledged Wednesday to send every American adult $5,000 if Republicans retain control of the House and Senate in the midterm elections and as affordability has become a central issue for voters heading into November.

“The relief begins with refunding everyone who was overcharged and the rebates are going out in just a few weeks,” President Trump said in a recorded address released on the White House X account Thursday. Enrollees who can expect refunds are those who do not receive premium assistance.

Critics called the move a “gimmick” that doesn’t represent a plan for addressing soaring healthcare costs.

Trump in his address accused former President Biden’s administration of “gross mismanagement” of ACA funds, without providing evidence, and said that the Biden administration collected user fees from insurance companies that consumers paid through higher premiums.

In a fact sheet, the White House claimed that Biden’s administration “accumulated a significant surplus of funds that were not used to benefit the Americans who paid these higher premiums.” It said the rebates would be sent out beginning next month.

It is unclear whether the $500 rebate represents what each enrollee may have overpaid, where the money for the rebates would come from and whether it requires congressional approval for disbursement.

Trump’s announcement comes as the price of ACA insurance has skyrocketed for many Americans during his own second term. The Trump administration opposed extending COVID-era subsidies that had helped offset the costs of health insurance for most enrollees during Biden’s term.

After the Republican-led Congress allowed the subsidies to expire this year, premiums doubled or tripled for many enrollees, prompting millions to downgrade their plans or exit the program entirely.

Brad Woodhouse, a Democratic strategist and executive director of advocacy group Protect Our Care, called the rebate plan “an absolute joke” in a statement.

“Since Republicans took away tax credits from working families, millions of people have seen their monthly premiums rise by hundreds, if not thousands, of dollars,” Woodhouse said. “At a time when people are scraping by to keep up with the high cost of groceries, rent, and healthcare, this $500 gimmick won’t even begin to dig them out of the hole that Trump and Republicans created.”

Officials at the Centers for Medicare and Medicaid Services did not respond to Associated Press requests for comment, and a White House official referred back to the fact sheet.

Roughly 19 million people receive insurance through the Affordable Care Act exchange.

Hussein and Swenson write for the Associated Press.

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