A federal judge on Friday, October 9, 2026, struck down a Justice Department program that collected nationwide voter registration records to identify non-U.S. citizens. U.S. District Judge Sparkle Sooknanan ruled that the initiative exceeded the department's legal authority and violated federal privacy laws. The 78-page decision vacates the Justice Department's entire voter list maintenance policy, effectively stopping the program even in the 18 states that had already voluntarily shared their data.
The program originated in 2025 following an executive order from President Trump that directed federal officials to work with states to identify potential election law violations. The Justice Department subsequently requested unredacted voter lists from 49 states and Washington, D.C., seeking names, addresses, and partial Social Security numbers. The department argued the information was necessary to ensure state compliance with the National Voter Registration Act and the Help America Vote Act, which require states to maintain accurate rolls.
The legal challenge was brought in April 2026 by the voting rights group Common Cause and four individual voters. They argued the federal government was attempting to seize control of registration procedures typically managed by states, risking the wrongful removal of eligible citizens. Judge Sooknanan, a Biden appointee, wrote that the department "cannot run roughshod over longstanding laws" and found that the policy violated the Administrative Procedure Act and the Privacy Act. A Justice Department spokesperson stated Friday that the agency is reviewing the decision.
For individual voters, the ruling halts the federal government’s ability to share their sensitive personal information—including birthdates and Social Security numbers—between the Justice Department, the Department of Homeland Security, and Homeland Security Investigations. Under the now-vacated policy, participating states had agreed to "clean" their rolls by removing flagged individuals within 45 days of federal notification. The decision affirms that the authority to manage voter eligibility remains with state governments rather than federal agencies.
The ruling sets a precedent by invalidating the Justice Department's nationwide policy as a whole, rather than only addressing individual state challenges. This follows more than 25 previous district court cases where judges had already denied department requests to compel specific states to share their lists. The decision does not prevent states from using the SAVE database independently to maintain their own rolls. While the Justice Department may appeal, the immediate effect is a suspension of the federal list maintenance program ahead of the November midterm elections. State and federal officials have not yet reported a specific timeline for how already-removed voters might be reinstated.