WASHINGTON − On Friday, the U.S. Justice Department filed a lawsuit against Virginia to stop the state from unlawfully canceling voter registrations. Governor Glenn Youngkin, a Republican, defended the state’s practice of canceling registrations of individuals suspected of being noncitizens, which has been ongoing for 18 years. Studies suggest that noncitizens represent about one in every million votes cast.

The lawsuit criticizes Virginia for removing voters from the rolls less than 90 days before an election, a violation of a federal law established in 1993. The Justice Department is requesting a federal judge to compel Virginia to restore voter registrations that were canceled after August 7. They also seek to mandate training for local officials and poll workers to reduce confusion surrounding accusations against eligible voters regarding their citizenship status.

As per state law, Youngkin issued an executive order on August 7 to conduct daily comparisons between individuals who claimed to be noncitizens at the Department of Motor Vehicles and the list of registered voters. Local registrars are required to inform anyone flagged for cancellation and ask them to confirm their citizenship within 14 days. Failure to respond by the deadline results in their removal from the voter rolls.

Kristen Clarke, the Assistant Attorney General leading the civil rights division, stated that this policy endangers qualified voters and creates uncertainty for the electorate.

The lawsuit claims that voters are categorized as noncitizens even after they have provided forms affirming their citizenship. Moreover, the program used for comparisons does not ensure the accuracy of information. Once flagged, local registrars must still notify the voter of a pending cancellation, regardless of any reason to believe they are a U.S. citizen.

Youngkin referred to a law enacted in 2006, supported by both Republican and Democratic administrations, which mandates the removal of any voter who reported being a noncitizen when filling out state vehicle records but later registered to vote, whether by mistake or intentionally.

“This situation is unprecedented, and I am committed to ensuring fair, secure, and precise elections in Virginia—without exception,” Youngkin declared on X.

According to Youngkin’s executive order, 6,303 individuals suspected of being noncitizens were removed from the voter rolls from January 2022 to July 2024.

Some voters have reportedly been removed incorrectly, despite being citizens. In Prince William County, for example, at least 43 out of 162 individuals removed before July 31 were likely U.S. citizens, as per findings by the county electoral board cited in the lawsuit.

Concerns about postal delays affecting notifications and responses within the 14-day timeframe have also been raised. Virginia Elections Commissioner Susan Beals, the lawsuit’s defendant, expressed her primary concern regarding the election is “the operational performance of the United States Postal Service,” during a hearing on September 4.

Research conducted by the Brennan Center for Justice and the libertarian Cato Institute indicates that instances of noncitizen voting are virtually non-existent. In a 2016 study of 42 jurisdictions, the Brennan Center identified only 30 cases of suspected noncitizen voting out of 23.5 million votes cast.

Nevertheless, Republicans are highlighting the need to prevent noncitizen voting as a critical issue in the competitive elections. The Republican National Committee has launched several lawsuits in different states aimed at combating noncitizen voting.

The Justice Department also filed a comparable lawsuit against Alabama in September.