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Jimmy Williams
The Supreme Court ruled Wednesday to permit Virginia to revive a plan targeting the removal of noncitizens from voter rolls, a decision that reinstates a program previously halted by a federal judge just days before Election Day. In a brief order, the court’s six conservative justices approved the plan while the three liberal justices dissented, marking a victory for Republican Gov. Glenn Youngkin’s administration, which introduced the initiative.
“This is a victory for common sense and election fairness,” Youngkin stated. “Virginians can cast their ballots on Election Day knowing that Virginia’s elections are fair, secure, and free from politically-motivated interference.”
The ruling comes in the face of opposition from civil rights groups and the Justice Department, both of which argued that the program risks mistakenly removing eligible voters. The Justice Department cited the National Voter Registration Act (NVRA), which restricts states from making systematic voter roll changes within 90 days of an election. The Virginia program identifies individuals for removal if they indicated noncitizenship on a state Department of Motor Vehicles form.
“This ruling is devastating for Virginia voters because we are essentially allowing eligible voters to be stripped of their fundamental rights,” stated Joan Porte, president of the League of Women Voters of Virginia, a plaintiff in the case.
In court filings, civil rights groups, including the Virginia Coalition for Immigrant Rights, said that many flagged individuals were, in fact, U.S. citizens. The groups raised concerns that the removal criteria, based on DMV records, might capture individuals who have since become citizens or mistakenly marked their status.
The Biden administration has argued that the Virginia plan could set a dangerous precedent, noting that systematic changes within the NVRA’s 90-day “protection period” risk barring citizens from voting. Judge Patricia Giles of the U.S. District Court for the Eastern District of Virginia initially blocked the program, ordering the state to restore registrations for more than 1,600 voters.
Virginia’s decision to pursue this plan follows a broader national debate over alleged noncitizen voting, a narrative promoted by former President Donald Trump and other Republican leaders. Supporters of the program argue it will bolster election integrity, though opponents warn it may become a tool for election result challenges if Trump loses.
Kansas Attorney General Kris Kobach, known for his firm stance on immigration, filed a supportive brief, joined by 25 Republican state attorneys general, reflecting widespread GOP backing of Virginia’s approach.
Despite concerns, Virginia allows same-day voter registration, meaning that affected individuals may still vote if they re-register by Election Day.
