WASHINGTON — The American Civil Liberties Union has filed a lawsuit against the Social Security Administration and U.S. Citizenship and Immigration Services, pressing for multiple federal agencies to release records sought by the ACLU and two journalists under the Freedom of Information Act (FOIA), according to an ACLU press release issued Monday.
The Freedom of Information Act, enacted in 1967, gives the public the right to access records from government agencies and is described by FOIA.gov as “a vital part of our democracy.”
The ACLU said it requested information on communications between federal agencies and states, along with changes to federal databases used by state governments to maintain voter lists.
In its press release, the ACLU explained that in April the Department of Government Efficiency (DOGE), the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), and the Social Security Administration (SSA) effectively created the nation’s first citizenship database when they expanded the Systematic Alien Verification for Entitlements (SAVE) program.
The changes followed a March executive order from President Trump directing DHS and the Department of Government Efficiency to review state voter registration lists using other “relevant” personal data collected by the federal government, the ACLU noted in its complaint.
According to the ACLU, the agencies aggregated data from multiple sources, including immigration status, death records, and other personal information.
The ACLU said the agencies have not explained the expansion process or provided evidence of its accuracy.
“Without transparency and proof of reliability, relying on this system as the final authority on voter eligibility risks disenfranchising American citizens,” the ACLU said.
The ACLU added that it submitted FOIA requests to DOGE, SSA, DHS, and USCIS on behalf of itself and Lawfare journalists Anna Bower and Ben Wittes. It asked the agencies to specify the changes made to federal data systems, what data is provided to states, and how it is being used to maintain voter lists. The organization argued the use of such information could violate the National Voter Registration Act.
Despite promoting the changes to the SAVE program, the agencies have not detailed which databases were altered, how they changed, or the extent to which personal information has been shared, the ACLU said.
“The agencies have failed to comply with the clear requirements of federal law that require transparency,” the ACLU wrote. “The suit aims to compel compliance with FOIA’s requirements.”
The ACLU emphasized in its lawsuit that the lack of transparency surrounding the use of individuals’ personal information threatens both privacy and voting rights. It said disclosure is essential for public oversight of how federal and state governments use personal data.
“Americans deserve to know how their information is being used,” Theresa J. Lee, senior staff attorney with the ACLU’s Voting Rights Project, said in the press release. “The lack of transparency these agencies have provided is extremely concerning combined with this administration’s continued attempts to undermine our elections. We had hoped it wouldn’t come to this, but here we are.”
The ACLU said states including Louisiana, Indiana, and Texas have already begun using the updated SAVE program to target voters.
The lawsuit was filed Aug. 18 in U.S. District Court in Washington, D.C., and remains ongoing.
