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The Justice Department is suing Alabama, the state’s top elections official, for allegedly screening out non-citizen voters too close to the election

The Justice Department is suing Alabama, the state’s top elections official, for allegedly screening out non-citizen voters too close to the election

The Justice Department sued the state of Alabama and its top elections official, alleging that they removed voters who had previously been assigned non-citizen identification numbers from their voting rolls too close to Election Day.

Non-citizen identification numbers are tax processing numbers issued by the Internal Revenue Service (IRS) to ensure that people – including undocumented immigrants – pay taxes. In addition to paying taxes, non-citizen identification numbers can help legal immigrants secure a driver’s license and provide proof of residency.

After taking the oath of office in January, Alabama Secretary of State Wes Allen went to work identifying and removing from office 3,251 people registered to vote in Alabama who had been issued a non-citizen identification number by the Department of Homeland Security.

“I have made it clear that I will not tolerate the participation of non-citizens in our elections,” Allen previously said in a press release. “I even went so far as to testify before a United States Senate committee about the importance of this issue. We have examined the current voter file to attempt to identify anyone on this list who has been assigned a non-citizen identification number.”

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Alabama Secretary of State Wes Allen testifies during a hearing before the Senate Rules and Administration Committee in the Russell Senate Office Building on Capitol Hill on March 12, 2024 in Washington, DC. (Alex Wong/Getty Images)

Now the DOJ is fighting back and has filed a lawsuit against Alabama and Allen.

The agency argued that Allen violated the National Voter Registration Act of 1993 (NVRA), which requires states to make any changes to voter registration lists no later than 90 days before federal elections.

Allen implemented the changes 84 days earlier, the DOJ claimed.

Polling place in Alabama

Signs providing instructions to voters are seen outside a polling station in Mountain Brook, Alabama, on March 5, 2024. (Elijah Nouvelage/Getty Images)

“The right to vote is one of the most sacred rights in our democracy,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said in a statement. “As Election Day approaches, it is critical that Alabama resolve voter confusion resulting from list maintenance mailings sent in violation of federal law.

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The DOJ also alleged that Allen’s voter registration revocation also impacted native-born citizens who were misidentified as potential non-citizens.

Doj insignia

The Justice Department seals are seen during a press conference at the DOJ office in Washington on May 16, 2023. (AP Photo/Jose Luis Magana)

The Justice Department is seeking an injunction that would “restore the affected electors’ ability to vote freely on Election Day,” the department said in a statement.

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“The department is also pursuing remedial mailings to educate voters about restoring their rights and appropriate training of local officials and poll workers to eliminate confusion and distrust among voters accused of being non-citizens,” said the agency.

Fox News Digital has reached out to Alabama Secretary of State Wes Allen for comment.

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