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Biden DOJ Sues Virginia For Enforcing Law That Prevents Non-Citizens From Voting

Despite DOJ approval of the law in 2006, Biden administration now claims Virginia’s enforcement burdens voters.

The Biden-Harris Department of Justice (DOJ) has filed a lawsuit against the state of Virginia for enforcing a law designed to prevent non-citizens from voting, despite the DOJ’s own approval of the law in 2006. The move, coming just weeks before the 2024 election, has raised questions about the administration’s motives and its commitment to election integrity.

Virginia’s law, signed by Democrat Governor Tim Kaine in 2007, has been in place for 18 years and requires those applying for driver’s licenses to declare their citizenship status. If a person is not a citizen, they are flagged to ensure they are not unlawfully registered to vote. The law was explicitly approved by the DOJ’s Voting Rights Section in 2006, which raised no concerns at the time.

But now, with less than a month before Election Day, the Biden-Harris DOJ is suing Virginia, arguing that enforcing this long-standing law could unfairly burden voters. Virginia Governor Glenn Youngkin, who has made election integrity a priority, was swift to push back.

“We are upholding the Constitution and Virginia law signed 18 years ago by then-governor Tim Kaine,” Youngkin told The Daily Wire. “Non-citizens shouldn’t be on the voter rolls. Ensuring Virginia’s voter rolls do not include non-citizens is constitutional, it’s the law in Virginia, and it’s common sense.”

  • A History of DOJ Approval: The Biden administration’s lawsuit comes despite the fact that the DOJ explicitly approved the law in 2006. A letter from John Tanner, then-chief of the DOJ’s Voting Section, confirmed that the law complied with federal guidelines, but now the same agency is trying to block its enforcement.

  • Election Integrity At Stake: In just two years, Virginia’s Department of Elections identified and removed 6,300 non-citizens from the voter rolls, along with 79,867 deceased voters. With Youngkin’s 2021 gubernatorial victory secured by only 63,000 votes, keeping ineligible voters off the rolls could be a critical factor in the 2024 presidential race.

  • Politically Motivated: Critics argue that the DOJ’s lawsuit is a politically motivated attempt to interfere in Virginia’s election. Youngkin’s executive order, signed in August, was aimed at strengthening election integrity by identifying non-citizens and removing them from voter rolls, a measure supported by many Republicans as necessary for fair elections.

The DOJ’s lawsuit contends that the process of notifying potentially ineligible voters and removing them from the rolls is burdensome and could accidentally disenfranchise eligible voters. But Youngkin has stood firm, ensuring the public that Virginia’s elections will be secure. “I will not stand idly by as this politically motivated action tries to interfere in our elections, period,” he said.

As Election Day approaches, this battle between Virginia and the Biden administration is yet another flashpoint in the ongoing debate over election integrity and the role of the federal government in state election laws.

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