Court Blocks DHS Voter-Roll Verification System in 2026

A federal appeals court refused on September 4, 2026, to pause a lower court ruling that shut down the government's expanded immigration-verification system known as "modified SAVE." The D.C. Circuit Court of Appeals denied the Department of Homeland Security's emergency request to keep the system running while the government appeals the decision.

What is modified SAVE and why was it struck down?

SAVE — the Systematic Alien Verification for Entitlements program — has existed since 1986. It lets government agencies check whether a person applying for public benefits is a U.S. citizen or has legal immigration status. For nearly four decades, SAVE only searched DHS's own immigration records and could not use Social Security numbers (SSNs) to look people up.

That changed in 2025. Following a March 2025 executive order from President Trump, DHS launched "modified SAVE," which connected the system to Social Security Administration (SSA) records. The upgraded system could search by full or partial SSN, return information on U.S.-born citizens who had no DHS immigration records at all, and process bulk queries covering many people at once. State and local agencies — including election officials — could use it to check citizenship status.

On June 22, 2026, a federal district court granted summary judgment to the plaintiffs — a group that included the League of Women Voters, the Electronic Privacy Information Center, and individual U.S. citizens. The court found that DHS had no legal authority to build the new system, that it violated the Social Security Act and the Privacy Act, and that its rollout was arbitrary and capricious. The court set aside modified SAVE entirely. The government appealed and asked the appeals court to pause that ruling. The D.C. Circuit denied the pause on September 4, 2026, finding that the government had not met the high bar required for such emergency relief — in part because the government's main legal arguments had not even been raised before the district court ruled against it.

What this means for immigrants and citizens

Modified SAVE could have flagged U.S.-born citizens as potentially non-citizens if their SSA records were incomplete or mismatched. Immigrants with legal status could also have been caught in bulk queries and asked to prove their citizenship or immigration status to state agencies. With the system now blocked, those risks are on hold while the full appeal moves forward. The appeals court ordered both sides to submit a proposed schedule for the appeal within 10 days of September 4, 2026, meaning the case will move quickly.

What to do

• If a state or local agency has recently asked you to prove your citizenship or immigration status in connection with a benefits application, speak with an immigration lawyer about your rights before responding.
• If you are a lawful permanent resident (green card holder) or have another immigration status, keep copies of your immigration documents — such as your green card, visa, or work permit (EAD) — accessible in case any agency requests verification.
• Follow updates on this case, as the D.C. Circuit has expedited the appeal and a final ruling could come within months.
• If you believe your information was shared through modified SAVE before the court shut it down, an attorney can advise you on Privacy Act rights and whether you can request records about yourself.

What to do, step by step — see our guide “Appealing to the BIA”.