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The U.S. Supreme Court, influenced by Donald Trump and MAGA conservatives, has allowed Virginia to proceed with a program that removes suspected noncitizens from its voter rolls. The decision, made without commentary from the justices, comes just days before the election. Voting rights organizations and Democratic leaders criticized the ruling, arguing it could disenfranchise hundreds of eligible voters.

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Details of Virginia’s Voter Purge Program

Implemented under Governor Glenn Youngkin, the program uses Department of Motor Vehicles (DMV) data to flag potential noncitizens. So far, it has targeted about 1,600 voter registrations. Governor Youngkin called the ruling a “victory for common sense and election fairness,” but the Biden administration and voting advocates contend that it violates the National Voter Registration Act (NVRA), which prohibits systematic changes to voter rolls within 90 days of a federal election.

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Concerns from Lower Courts

Earlier, lower courts, including the 4th Circuit Court of Appeals, blocked Virginia’s efforts. Judges expressed concerns that lawful voters might be mistakenly purged. Judge Patricia Tolliver Giles noted that the parties involved lacked certainty about the citizenship status of some purged voters.

Voting Rights Advocates Respond

Voting rights groups argue that the purge targets lawful voters, including naturalized citizens and U.S.-born residents. The Campaign Legal Center (CLC) criticized the decision, calling it flawed and warning it could disenfranchise eligible voters. “The Supreme Court allowing Virginia to engage in a last-minute purge of known eligible citizens is outrageous,” said CLC attorney Danielle Lange.

Potential Impact on Affected Voters

Ryan Snow, counsel for the Lawyers’ Committee for Civil Rights Under Law, emphasized the risks faced by those voting absentee. “The list of purged voters includes both new citizens and U.S.-born individuals, all of whom have the right to vote,” he said. Snow urged voters to use Virginia’s same-day registration process if needed and highlighted available multilingual support hotlines for assistance.

National Context and Debate

The legal dispute over Virginia’s purge program has escalated amid national concerns about voting rights. Former President Donald Trump and other Republicans have promoted voter purges as a means to prevent noncitizen voting. However, documented cases of noncitizen voting are rare. A recent audit in Georgia found only nine noncitizen voters among 8.2 million registrants.

How to Confirm Voter Registration in Virginia

Affected Virginians can check their registration status and re-register on Election Day using same-day registration. This process requires signing an eligibility affirmation and casting a provisional ballot. Voters can call the Election Protection Hotline at 866-OUR-VOTE, or one of the bilingual hotlines—888-VE-Y-VOTA (Spanish), 844-YALLA-US (Arabic), or 888-API-VOTE (Asian languages)—for guidance.