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Supreme Court Temporarily Allows Use of Expanded SAVE Database

The order lets federal agencies resume sharing Social Security and immigration records with states during ongoing litigation over privacy and accuracy.

Overview

  • The Supreme Court lifted a lower-court injunction on Friday, Sept. 25, and allowed the Trump administration to make the revamped SAVE system available to states while the lawsuit continues.
  • The administration reworked the Department of Homeland Security’s SAVE tool to add Social Security Administration records, enable searches by Social Security number, and allow bulk queries of voter lists.
  • A June district-court ruling by Judge Sparkle L. Sooknanan had barred the expanded SAVE program after finding it violated privacy rules and relied on error-prone data that led some jurisdictions to flag or remove voters.
  • The ruling’s short-term effect is limited because states use SAVE voluntarily and the National Voter Registration Act generally bars systematic purges within 90 days of a federal election.
  • Litigation will decide whether a 1996 immigration statute authorizes the data sharing and whether privacy and Social Security laws were breached, and voters who are wrongly flagged could face burdens to prove their citizenship.