The Department of Homeland Security (DHS) has been ordered to reinstate key features of its Systematic Alien Verification for Entitlements (SAVE) system by a federal judge in Florida. This decision comes after the DHS disabled certain capabilities following a conflicting ruling from a judge in Washington, D.C.
The SAVE system, which has been enhanced to support state election integrity efforts, plays a crucial role in verifying citizenship and immigration status for voter rolls. The recent court order aims to resolve a legal dispute that has significant implications for voter roll maintenance and professional licensing processes in several states.
Legal Battle Over SAVE System Features
U.S. District Judge T. Kent Wetherell II ruled that the DHS breached a court-approved settlement agreement with Florida and other states by disabling the SSN-search and bulk-upload features. These features are vital for states to verify citizenship and immigration status efficiently.
In June 2026, U.S. District Judge Sparkle L. Sooknanan in the District of Columbia vacated the SAVE modifications, arguing that they violated the Social Security Act and Privacy Act by improperly aggregating and using Americans’ personal data, including Social Security numbers. The DHS complied by disabling the features, which prompted an emergency motion from the states involved.
The Settlement Agreement and Its Implications
The settlement agreement, approved in, stemmed from a lawsuit by Florida and other states alleging that the SAVE system was inadequate for verifying immigration status as required by federal law. Judge Wetherell, who approved the settlement and retained jurisdiction to enforce it, held that the DHS must restore the capabilities required under the agreement.
“Defendants are plainly in violation of the settlement agreement,” Wetherell wrote, noting that the features had been operational from until June. He rejected arguments that compliance with the D.C. order excused the breach, stating that his court had implicitly determined the modifications were lawful when approving the deal.
Impact on States and Future Steps
The judge also addressed the legal disputes directly, concluding that the SSN-search functions align with 8 U.S.C. §1373 which overrides other restrictions on sharing citizenship or immigration status information. He also found that these functions fall within Privacy Act exceptions for routine uses.
States argued that the disabled features have caused immediate harm, including Florida and Ohio’s inability to verify voter citizenship and Iowa’s challenges with professional licensing. Wetherell declined to defer to the D.C. proceedings, citing ongoing harm to the plaintiffs and principles of comity.
The DHS has been ordered to file a status report on its compliance with the latest order by July 14, 2026. This ruling highlights the ongoing legal and administrative challenges in balancing election integrity with privacy concerns.
