The U.S. Department of Justice (DOJ) is withdrawing its lawsuit against Virginia, initially filed by the Biden government, seeking to bar the removal of noncitizens from the Commonwealth’s voter rolls. The move comports with a number of recent legal filings ramping down the Biden government’s lawfare actions following President Donald J. Trump’s inauguration on January 20.
The lawsuit was initiated in October following Virginia’s efforts to exclude approximately 1,600 individuals identified as potential non-citizens from its voter rolls. A federal judge had previously mandated Virginia reverse this decision and reinstate those individuals onto the voter lists. However, the U.S. Supreme Court later intervened by lifting the federal judge’s injunction, effectively allowing Virginia to proceed with its maintenance program for the voter registration rolls.
This ruling enabled the state to continue its policy of excluding non-citizens from voter eligibility, aligning state and federal law.
The Department of Justice’s recent decision to dismiss its lawsuit signals an acceptance of the current legal position outlined by the Supreme Court. Without this federal case hanging over it, Virginia is now free to maintain its voter roll practices as currently implemented.
During the 2024 election, The National Pulse documented numerous instances of noncitizens unlawfully casting ballots in American state and federal elections. Meanwhile, Republicans in Congress attempted to close several legal loopholes by advancing the Safeguarding American Voter Eligibility (SAVE) Act but were blocked by the then-Democrat-controlled Senate.