Politics

Supreme Court to Decide How Far States Can Go Removing Noncitizens From Voter Rolls

Daniel CaldwellPublished 5w ago4 min readBased on 8 sources
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Supreme Court to Decide How Far States Can Go Removing Noncitizens From Voter Rolls

The Supreme Court agreed to hear Mi Familia Unida v. Arizona, a case that asks whether federal law limits states' ability to remove noncitizens from voter rolls in the weeks before an election. The question could reshape how broadly states can conduct voter roll maintenance programs across the country.

At the center is the National Voter Registration Act (NVRA), a 1993 federal law that sets baseline rules for voter registration in federal elections. The NVRA includes a "quiet period" — a 90-day window before elections when states are restricted from conducting systematic voter removal programs. Arizona argues that removing noncitizens is different from the standard purges the law was designed to regulate. Challengers counter that the statute makes no exception for citizenship-based removals and that verification methods often catch eligible voters by mistake.

The Solicitor General's office filed a brief in late May 2026, signaling that the federal government was weighing in before the Court granted review. That position will shape how the government argues the law's meaning during briefing.

What the Law Actually Says

The NVRA's quiet period bars states from systematically removing voters within 90 days of a federal election. Voting rights groups like the Brennan Center have long warned that even purges aimed at removing ineligible voters can strike eligible ones from the rolls — blocking them from absentee ballots or same-day voting. The core legal question is whether the law's ban on "systematic" removals covers noncitizen-specific purges or whether states have independent authority to act on citizenship verification outside that timeline.

Arizona's position is that removing noncitizens is categorically different from the turnover-and-inactivity purges the NVRA was written to control. Challengers say the statute's language draws no such carve-out and that citizenship checks are error-prone enough to sweep in naturalized citizens and other eligible voters.

Voter Roll Fights Across the Country

This case arrives as voter removal challenges unfold on multiple fronts. In North Carolina, civil rights groups intervened in September 2024 to block a Republican National Committee request to remove roughly 225,000 voters that the committee said were eligible to vote. The Campaign Legal Center is pursuing a separate case — Protecting All Americans From Illegal Voter Purges and Wrongful Voter Challengestargeting state and party efforts to remove eligible registrants.

Voter caging — mailing registered voters and challenging their registration if mail bounces back — has become a tool that states and party committees use to build removal lists, though the reliability of returned-mail data for that purpose is disputed.

In Congress, S.2994, the Voter Purge Protection Act, was introduced in the 119th session. It would tighten federal rules on list-maintenance programs if passed. The bill has not moved out of committee, and the current Senate composition makes passage unlikely.

What a Supreme Court Ruling Could Mean

If the Court reads the NVRA narrowly — exempting noncitizen removals from the quiet-period restriction — states would gain significant new room to purge voters in the weeks before federal elections. Election officials in states running citizenship verification programs would operate with clearer legal authority. A broader reading would require those programs to follow the same timing and procedural rules as any other systematic removal effort.

The case also hinges on how the Court defines the line between "systematic" and case-by-case removals, a distinction courts have drawn unevenly since the NVRA's passage. That definition will affect not just Arizona but similar programs in Georgia, Texas, and other states that cross-check voter rolls against noncitizen databases with varying accuracy.

Briefing schedules have not yet been set. Arguments are likely in the Court's October 2026 term, with a decision expected in late spring or early summer 2027 — before the 2028 election cycle begins.