In response to Judicial Watch president Tom Fitton’s post on Truth Social that Trump was “prepared to declare a national emergency and will use military assets to reverse the Biden invasion through a mass deportation program,” Trump replied “TRUE!!”

“On day one, I will launch the largest deportation program … in the history of our country,” Trump said at one of his final campaign events in Pittsburgh on Nov. 4, a day before the election. “I will rescue every city and town that has been invaded … and we will put the vicious and bloodthirsty criminals in jail.”

Officially, there are an estimated 11 million illegal migrants living in the US (and some say upwards of 20 million) who entered the country during the Biden administration. Trump has tapped Tom Homan, former acting head of Immigration and Customs Enforcement (ICE), to serve as his “border czar,” as well as South Dakota Gov. Kristi Noem as his secretary of the Department of Homeland Security (DHS) to secure the border and expel those living in the country illegally.

Homan said last weekend that he will prioritize “the worst first” in targeted deportations.

Immigration advocates, meanwhile, are preparing to counter Trump in court, Axios reports.

“We’re ready to fight” mass raids and deportations “both at the legal level, at the advocacy level, and (by) going to the streets,” according to Maribel Hernández Rivera, director of policy and government affairs for border and immigration at the American Civil Liberties Union (ACLU).

“One of the things that we strongly believe is that when the American people realize what this threat means, they’re not going to go for it.”

That said, Trump’s team is looking to craft executive orders that can withstand legal challenges in order to avoid a similar defeat to his first-term Muslim ban, Politico reports. The incoming administration also plans to end the parole program for undocumented immigrants from Cuba, Haiti, Nicaragua and Venezuela.

Trump’s 2017 executive order on border security, signed on Jan. 25, 2017, directed the Department of Homeland Security to close the border and to take several other immediate steps, including building more sections of the U.S.–Mexico border wall and adding 5,000 Border Patrol agents.

That initial order also called for revamping the way that the government handled illegal immigrants’ asylum claims, detentions, and deportations.

Sanctuary cities and other localities across the U.S. have freed more than 22,000 criminal migrants wanted by federal immigration authorities since January 2021, according to data from Immigration and Customs Enforcement (ICE) obtained by the Center for Immigration Studies (CIS). The numbers pertain to ICE detainer requests ignored by local law enforcement agencies, instances when the enforcement agency provided insufficient notice to ICE or early releases of migrants subjected to detainer requests.

Immigration detainers are submitted to local law enforcement agencies after they take custody of a non-citizen — typically on criminal charges unrelated to immigration violations — that ICE suspects to be living in the U.S. unlawfully. These detainers ask the enforcement agency to hold on to the non-citizen long enough for an ICE agent to arrive and make an apprehension on-site.

However, countless localities have passed laws that strictly forbid their law enforcement from cooperating with ICE, which would include honoring immigration detainers. The data published by CIS suggests that sanctuary cities increasingly ignored detainer requests under the Biden-Harris administration, meaning more criminal migrants were released back into the community over the years.

There were 2,512 declined detainers in fiscal year 2021, beginning when Biden assumed office on January 20, 2021, according to the ICE data. There were 5,723 declined detainers in fiscal year 2022, 7,934 declined detainers in fiscal year 2023 and 5,871 declined detainers in fiscal year 2024 only up to the middle of July.

The number of criminal aliens freed into the country by sanctuary authorities could potentially be much higher given that, in numerous instances, local law enforcement releases criminal migrants before ICE is able to become aware of their apprehension and lodge a detainer request.

There are an estimated 17 million illegal migrants currently living in the U.S. as of June 2023, resulting in local law enforcement agencies having countless run-ins with individuals who do not hold lawful status. Since early 2023, ICE has lodged an average of roughly 10,000 immigration detainer requests a month, according to the Transactional Records Clearinghouse.

President-elect Donald Trump — who won office on a hardline immigration platform — has pledged to crack down on sanctuary cities, which could include withholding federal funds. However, sanctuary city leaders have so far expressed intense opposition to the idea of cooperating more with ICE agents.

Boston Mayor Michelle Wu said her police force would not be helping the president-elect’s expected plans for mass deportations, and Chicago Mayor Brandon Johnson pledged to resist the upcoming administration’s efforts to crack down on illegal immigration. Since Trump’s election victory, Los Angeles Mayor Karen Bass has been working with city officials to fast-track a bill that would enforce sanctuary laws in her city, and she hopes to have it passed before Trump makes it into office.

ICE did not immediately respond to a request for comment from the Daily Caller News Foundation about the detainer data.

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Sanctuary cities and other localities across the U.S. have freed more than 22,000 criminal migrants wanted by federal immigration authorities since January 2021, according to data from Immigration and Customs Enforcement (ICE) obtained by the Center for Immigration Studies (CIS). The numbers pertain to ICE detainer requests ignored by local law enforcement agencies, instances when the enforcement agency provided insufficient notice to ICE or early releases of migrants subjected to detainer requests.

Immigration detainers are submitted to local law enforcement agencies after they take custody of a non-citizen — typically on criminal charges unrelated to immigration violations — that ICE suspects to be living in the U.S. unlawfully. These detainers ask the enforcement agency to hold on to the non-citizen long enough for an ICE agent to arrive and make an apprehension on-site.

However, countless localities have passed laws that strictly forbid their law enforcement from cooperating with ICE, which would include honoring immigration detainers. The data published by CIS suggests that sanctuary cities increasingly ignored detainer requests under the Biden-Harris administration, meaning more criminal migrants were released back into the community over the years.

There were 2,512 declined detainers in fiscal year 2021, beginning when Biden assumed office on January 20, 2021, according to the ICE data. There were 5,723 declined detainers in fiscal year 2022, 7,934 declined detainers in fiscal year 2023 and 5,871 declined detainers in fiscal year 2024 only up to the middle of July.

The number of criminal aliens freed into the country by sanctuary authorities could potentially be much higher given that, in numerous instances, local law enforcement releases criminal migrants before ICE is able to become aware of their apprehension and lodge a detainer request.

There are an estimated 17 million illegal migrants currently living in the U.S. as of June 2023, resulting in local law enforcement agencies having countless run-ins with individuals who do not hold lawful status. Since early 2023, ICE has lodged an average of roughly 10,000 immigration detainer requests a month, according to the Transactional Records Clearinghouse.

President-elect Donald Trump — who won office on a hardline immigration platform — has pledged to crack down on sanctuary cities, which could include withholding federal funds. However, sanctuary city leaders have so far expressed intense opposition to the idea of cooperating more with ICE agents.

Boston Mayor Michelle Wu said her police force would not be helping the president-elect’s expected plans for mass deportations, and Chicago Mayor Brandon Johnson pledged to resist the upcoming administration’s efforts to crack down on illegal immigration. Since Trump’s election victory, Los Angeles Mayor Karen Bass has been working with city officials to fast-track a bill that would enforce sanctuary laws in her city, and she hopes to have it passed before Trump makes it into office.

ICE did not immediately respond to a request for comment from the Daily Caller News Foundation about the detainer data.

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I am pleased to announce that the Former ICE Director, and stalwart on Border Control, Tom Homan, will be joining the Trump Administration, in charge of our Nation’s Borders (“The Border Czar”), including, but not limited to, the Southern Border, the Northern Border, all Maritime, and Aviation Security. I’ve known Tom for a long time, and there is nobody better at policing and controlling our Borders. Likewise, Tom Homan will be in charge of all Deportation of Illegal Aliens back to their Country of Origin. Congratulations to Tom. I have no doubt he will do a fantastic, and long awaited for, job.

Homan, who has been vigorously loyal to President Trump during and after his first term, has worked with six presidents during his long career.

He recently sparked controversy, at least among leftwing snowflakes, for comments he made during a 60 Minutes interview. When asked by CBS reporter Cecilia Vega whether illegal aliens could be deported without separating families, Homan stated that it is indeed possible. “Families can be deported together,” he said.

According to Trending Politics:

Homan also rejected the notion that deporting illegal aliens would be harmful to immigrants, though he did note that “it should be threatening to the illegal immigrant community.” He also stated that the mass deportation of illegal aliens is necessary due to the record-setting, civilization-altering number of illegal immigrants admitted to the country under the Biden-Harris Administration.

Since President Biden took office, nearly 10-million illegal aliens have entered the United States, surging past records in the fiscal years 2022 and 2023.

On day one, Trump plans to reinstate a number of immigration executive orders that were rescinded by President Biden on his first day in January 2021. Among the orders planned by Trump is the reintroduction of the popular Remain in Mexico policy, which required asylum seekers to wait outside the country while their asylum claims are processed.

The Biden Administration has instead opted for a catch and release policy, under which illegal aliens are released and oftentimes transported to locations of their choosing within the U.S. interior.

Trump’s promises to secure the border and deport illegal aliens are among the many reason his messages resonated with the American electorate. The border crisis under the Biden-Harris regime has become so bad that even lifelong Democrats have had to side with the Trump plan for the sake of self-preservation.

Trump decisively won re-election to the White House, having secured 295 electoral votes and drawing more than 73 million supporters to the voting booth on Election Day, per the latest results as of Friday. The victory brings into sharper focus his campaign platform, which includes incredibly hawkish border security proposals. 

The president-elect, who already established himself as a stalwart on border enforcement during his first term in office, made a slate of campaign promises on border security over the past year, such as completing the U.S.-Mexico border wall, reviving the Remain in Mexico program, bringing back the travel ban and hiring more Border Patrol agents.

Trump also introduced a number of more novel pledges while on the campaign trail, such as a vow to conduct the “largest deportation program in American history” and a plan to end birthright citizenship for those born on American soil by illegal migrant parents.

Trump’s rhetoric and past reputation may have already helped mitigate the immigration crisis at the U.S.-Mexico border. Upon hearing that he was elected to a second term, numerous migrants in southern Mexico expressed hopelessness and opted to leave a U.S.-bound caravan they were traveling in, with a Mexican official noting that the incoming caravan of roughly 3,000 migrants shrunk by roughly half its size after Trump declared victory.

Immigration experts who spoke with the Daily Caller News Foundation, while cautioning that anti-borders groups will fight the upcoming administration tooth and nail, said the American people can certainly expect a return to the tough immigration measures that were seen in Trump’s first term.

“America can expect the new Trump administration to do what the prior Trump Administration did: To apply the Immigration and Nationality Act, as written by Congress. And to restore the rule of law, both to the Southern border and to the legal immigration system,” said Matt O’Brien, investigations director at the Immigration Reform Law Institute (IRLI), a conservative legal group in Washington, D.C., that pushes for stricter immigration policies.

“The overall goal will be protecting the public safety and national security of the United States; as well as protecting migrants — especially vulnerable women and children — from exploitation by smugglers and traffickers,” O’Brien continued. “The only thing that needs to be done to ‘fix’ the immigration system is to use the laws on the books as Congress intended. And President Trump will do that.”

As for laws set by Congress, several lawmakers in the House and Senate told the DCNF that they are ready and waiting with their own legislation once Trump re-enters the Oval Office.

Texas GOP Sen. Ted Cruz, for example, said he looks forward to passing his Justice for Jocelyn Act in the next Congress, an homage to a 12-year-old Houston girl who was allegedly sexually assaulted and murdered in June by two illegal migrants. The bill would mandate the Department of Homeland Security (DHS) to “exhaust all reasonable efforts” to keep an illegal migrant in custody before releasing them into the interior of the country, according to the legislation.

Should an illegal migrant be released, however, the legislation would call for continuous GPS monitoring until their removal from the U.S. or the completion of their immigration proceedings. Texas GOP Rep. Troy Nehls has sponsored the same legislation on the House side.

“In a second Trump administration, the House Committee on Homeland Security will do everything possible to help the United States return to an era of secure borders and robust interior enforcement,” GOP Rep. Mark Green, who serves as chairman of the House Homeland Security Committee, stated to the DCNF. “Ending the Biden-Harris border crisis will require two things — policy changes to end the flow of inadmissible aliens into our country, and more funding for interior enforcement to demonstrate that there are consequences to entering illegally.”

The election results so far show Congress will likely be in a position to support the upcoming Trump administration’s immigration agenda. The GOP secured control of the Senate after flipping four different Senate seats, and while there is no definitive winner of the House majority yet, Republicans appear to have a slight edge as votes continue to trickle in.idential nominee U.S. Sen. JD Vance (R-OH) tours the U.S. Border Wall on August 01, 2024 in Montezuma Pass, Arizona. (Photo by Anna Moneymaker/Getty Images)

While it’ up for debate on exactly what bills Trump ultimately signs into law or executive orders he takes, it’s certain that the incoming president will face courtroom fights over whatever he decides to do.

“Any action that President Trump would take, someone is going to sue,” Eric Ruark, research director for NumbersUSA, stated to the DCNF about the expected barrage of court challenges the Trump administration will receive once it embarks on its immigration agenda. “It depends on whether you find a judge that will rule against him, and it may take a long time for these things to play out.”

The American Civil Liberties Union (ACLU) filed more than 400 legal actions against Trump and his administration since 2016, according to their count, and these lawsuits targeted a vast number of his first term’s immigration priorities. The massive liberal organization, and others like it, say they’re ready to battle the Republican again now that he will be returning to office.

Even President Joe Biden, who entered office on a pledge to undo Trump’s hawkish border policies, was sued by immigrant rights groups when he finally attempted to end the illegal immigration crisis by issuing an executive order in June that largely shut down crossings at the southern border.

The Biden-Harris administration oversaw record-levels of border encounters during its time in office, with illegal border crossings in fiscal year 2023 and fiscal year 2024 being the worst in history, according to CBP data. The border crisis began after the administration in its first year took nearly 90 executive actions that specifically targeted Trump’s first-term immigration policies.

While some of Trump’s more ambitious goals will take time and likely endure legal challenges, there are swift administrative actions that the president-elect will likely take on day one of his administration, Ruark noted.

“Ending the parole abuse,” he said, referring to the CHNV program and others like it that have paroled into the U.S. more than half a million foreign nationals during the Biden administration. Around 530,000 Cubans, Haitians, Nicaraguans and Venezuelans have been flown into the country under the CHNV initiative.

“On day one I think he would end those parole programs,” Ruark said. “And people who come in under parole were being allowed — and I guess they still are — to sponsor other people to come in, which is a complete violation of the law. So that is something Trump can end on day one.”

He also listed the termination of the CBP One app — which has allowed roughly one million foreign nationals to schedule appointments at ports of entry since it was first rolled out — and the withholding of federal funds from sanctuary cities as other unilateral actions that Trump will likely embark on immediately.

A successful immigration agenda will also hinge in large part on cooperation from Mexico, which stands in between the U.S. southern border and the countless illegal migrants who wish to cross it every year. The former Mexican president, Andres Manuel Lopez Obrador, ramped up his government’s crackdown on U.S.-bound illegal migration, giving relief to Biden as he dealt with historic border encounters.

Claudia Sheinbaum, Lopez Obrador’s successor, took office in October, but questions remain on how the leftist Mexican leader will get along with Trump. Sheinbaum on Thursday confirmed that she had a “cordial” phone call with the president-elect following his victory, but did not go into further detail on what was discussed. A spokesperson for Trump’s campaign declined to comment on what was said during the phone call when reached by the DCNF.

Regardless of legal pushback by liberal organizations or a lack of cooperation from his Mexican counterparts, immigration experts do anticipate Trump to be even tougher on immigration than he was in his first term.

“I would be surprised and very disappointed if not,” Ruark said.

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A migrant caravan heading for the U.S.-Mexico border has shrunk to roughly half its size as members accepted the fact that Trump would be re-taking the reins at the White House, according to a report from Reuters. An official from Mexico’s National Migration Institute told the outlet that the caravan dwindled to under 1,600 migrants, a sharp drop from its original size of 3,000 when it embarked on its northward journey on Tuesday in the southern Mexican city of Tapachula.

The official added that more than 100 individuals had asked for assistance from authorities on returning to Tapachula, but it’s not entirely clear where the rest of the caravan deserters are headed.

“I had hoped [Vice President Kamala Harris] would win, but that didn’t happen,” said Venezuelan migrant Valerie Andrade, according to Reuters.

Other migrants expressed hopelessness at Trump’s election victory, and even disdain at the historic levels of Latino support the Republican amassed in his landslide win.

“This is the end of my dream of getting out of Cuba,” said Felipe, a Cuban migrant, according to Newsweek.

“They forgot about when they were on the other side,” Mahily Paz, another Venezuelan migrant, said about Latinos who voted for Trump, according to Newsweek. The statement erroneously suggests that most or all Latino Americans are a product of illegal immigration.

Trump emerged victorious early Wednesday morning in the U.S. presidential election, securing more than the 270 electoral votes needed to win the White House. As of Thursday, the president-elect has also remained ahead in the popular vote count, making him the first Republican candidate to win the popular vote since former President George W. Bush was reelected in 2004.

Trump, who made border enforcement a hallmark of his first presidential term, has promised a return to a hawkish immigration policy. The president-elect has vowed to conduct the “largest deportation operation in American history,” a completion of the U.S.-Mexico border wall and a slate of other crackdowns.

While Harris attempted to rebrand herself as more of a hawk on border security on the campaign trail, she could not shake off the perception from voters and would-be illegal migrants that she was the weaker candidate when it came to immigration enforcement.

Trump’s landslide victory on Election Day was driven in large part by growing Latino support, exit polls revealed.

The president-elect won roughly 45% of the Latino vote, marking a dramatic increase from the 32% Latino support he garnered in the 2020 presidential election, according to USA Today. He also won Latino men outright, making him the first Republican presidential candidate to do so in U.S. history.

As of Thursday afternoon, Trump had so far amassed 295 electoral votes and nearly 73 million votes from American citizens.

While many migrants expressed their dismay at the election outcome and chose to turn around, others have chosen to keep gunning for the U.S. border.

“With God’s favor, I’ll get that appointment,” a Venezuelan migrant named Jeilimar said to Reuters, speaking about her appointment to request asylum with U.S. immigration officials via the CBP One app.

Biden administration officials and other immigration workers are bracing for the possibility that Trump’s election victory will spark a rush at the border before he takes office in January, with migrants hoping to make it into the U.S. before an expected border crackdown begins.

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Wilson Castillo Diaz was accused of allegedly attacking the young girl on Oct. 16, according to the news release. Diaz was arrested on Oct. 26, and the girl was taken to a local hospital, according to the release.

Diaz was arraigned in court in Hempstead, New York, on Oct. 23, according to the police. The defendant was charged with first degree rape, endangering the welfare of a child and attempted rape, according to the release.

Diaz illegally immigrated to the Rio Grande Valley area of Texas in April 2014, according to the release. The man was then arrested by the U.S. Border Patrol, before he was released and later did not appear at an immigration court hearing, according to the release.

There have been various instances of crimes committed by illegal immigrants occurring across the U.S. in the past year, including a man who illegally immigrated to the U.S. in 2023 allegedly shooting a Jewish man in Chicago on Saturday, and migrants reportedly making up roughly 75% of arrests in Midtown Manhattan.

Vice President Kamala Harris has faced criticism over her handling of the border as President Joe Biden’s unofficial “border czar,” including from former President Donald Trump, who has repeatedly criticized her over the surge in illegal immigration America has experienced under the Biden-Harris administration.

Immigration is one of the top concerns for voters in this election cycle. Of registered voters, 54% said they would trust Trump to handle immigration over 45% who prefer Harris to address immigration, according to a Gallup poll published on Oct. 9.

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The 1988 book titled “Black Economic Progress: An Agenda for the 1990s” described immigration as “a particularly serious problem for blacks” due to there being fewer jobs available for working-class Americans, according to the New York Post. Donald Harris was reportedly a Marxist economist and currently has a strained relationship with his daughter, the sitting vice president, following his divorce from her mother and a difficult custody battle.

“Trends in international trade have moved against U.S. workers,” the treatise reads, according to the Post. “U.S. immigration laws have been modified in ways that increase the influx of low-skilled workers, who compete with native-born youths and low-skilled adult workers for low-skilled jobs.”

“This shift has been a particularly serious problem for blacks, who constitute a high proportion of the low-skilled adult workers,” the book continues, according to the Post.

Kamala Harris assumed the unofficial role of “border czar” under the Biden-Harris administration during which there were roughly 8.5 million migrant encounters along the U.S.-Mexico border. The vice president proclaimed in August her new-found support for the building of a wall along the southern border after repeatedly criticizing former President Donald Trump for his stance on immigration and previously referring to his plan for a wall as “un-American.”

An October House Judiciary Committee report revealed that nearly one million illegal migrants currently reside in the U.S. without consequences or fear of deportation under “quiet amnesty” due to their immigration cases being closed, terminated or dismissed.

The Harris campaign did not immediately respond to the Daily Caller News Foundation’s request for comment.

Featured Image: (Screen Capture/CSPAN)

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Real America’s Voice correspondent Oscar Ramirez reported live from America’s southern border with Mexico about what this all means for Americans in the coming days.

“The disaster continues,” Ramirez said in an interview. “This is all responsibility under the Biden administration, the Kamala Harris and Biden administration.”

“For everybody to know, we have documented 11 caravans. Out of the 11 caravans that Real America’s Voice has documented, 10 of them have happened under the Biden-Harris administration. They just released three caravans in the last past weeks, three of them under the new president of Mexico, Claudia Sheinbaum, the first president.”

Ramirez says the most recent migrant caravan to enter the U.S. illegally under Sheinbaum is the largest one, boasting 2,500 people.

“A lot of people do not know what Kamala Harris just did,” Ramirez further said, noting that the powers that be (TPTB) are unwilling to wait for the CBP (Customs and Border Protection) One app.”

“Just a couple of months ago, she created the CBP One app, application, this application for to bypass immigration, into Tapachulatapas. The CBP One app was not working in Tapachulatapas, but she knew that this massive influx was going to come because they know that they are losing this election and the illegal migrants are going to try to make a run for it, so she created this deterrent for them to not look bad, but it just backfired on them and it has been continuous with caravans after caravans after caravans.”

(Related: Did you know that both the U.S. and the UN are funding the illegal migrant invasion of America using cash in envelopes?)

Illegal migrants tired of waiting to enter U.S.

Ramirez says that the migrant caravans hail from all over the world, including South America, Africa and the Middle East. The majority of them, he says, are military-aged males, meaning this is an invasion by foreign enemies.

When asked what these migrant caravans plan to do once they reach the U.S.-Mexico border, Ramirez revealed that after speaking with many of the migrants personally, they said they are tired of waiting to enter the U.S. legally and plan to just bum-rush the country.

“We’re just going to go to the borders to see an open border gap, pay a cartel member or pay a smuggler, try to deliver ourselves to the Border Patrol, and enter illicitly into the United States of America – that is the new process,” Ramirez explained.

“This normalization of entering illegally through every border has a collateral damage, and it is all under the responsibility of the Biden-Harris administration. This is the collateral damage that it has created alongside the continent.”

“Also, Mexico is complicit because it is allowing these caravans to continue. And the new president … she is allowing these caravans to continue right now before the 5th of November. So they know that there are changes that are going to happen drastically in the United States of America, and this is the last chance they have, possibly.”

The latest Border Report shows that the spots where the most illegal migrants try to enter the U.S. illegally include El Paso, Tex., Tucson, Ariz., and San Diego, Calif.

In the month of September alone, CBP apprehended 13,309 migrants in San Diego; 12,507 migrants in El Paso; and 11,055 migrants in Tucson. The vast majority of them are single adults, especially in El Paso where only 1,327 of the detainees came with one or more additional family members.

The latest news about America’s illegal alien problem can be found at InvasionUSA.news.

Sources for this article include:

• JustTheNews.com
• NaturalNews.com
• BorderReport.com

The Justice Department sued Virginia after it removed the names of 6,303 aliens and Alabama after it moved 3,251 aliens to an “inactive” list.

Keep in mind that it’s a felony under several federal statutes for an alien to claim fraudulently to be a citizen so he or she may register to vote or vote in U.S. elections, including 18 U.S.C. §§ 611, 911, and 1015(f). The Justice Department has a duty to enforce these statutes, something the agency apparently has no interest in doing under President Joe Biden and Vice President Kamala Harris.

The federal voter registration form established by the National Voter Registration Act, or NVRA, not only asks applicants whether they are U.S. citizens, it requires them to attest under penalty of perjury that they are citizens.

The form has a strict warning that if the would-be voter provides false information, he or she may “be fined, imprisoned, or (if not a U.S. citizen) deported from or refused entry to the United States.”

However, the Justice Department claims that Virginia and Alabama violated the law’s 90-day preelection deadline for “systematic” list maintenance programs. This, according to the DOJ led by Attorney General Merrick Garland, prevents all “systematic” removals from a voter registration list within 90 days of an election.

What the Justice Department fails to point out is that the 90-day deadline is in the second part of a section of the National Voter Registration Act that deals only with the removal of the names of registered voters who have moved.

The first part outlines the rule for removing the names of individuals who have moved to a different residence either within the state or another state. The second part then applies the 90-day deadline for such removals.

That section of the law also says that the deadline doesn’t apply to “correction of registration records” or to removal of names of voters who have requested it or who have died or become ineligible due to a criminal conviction or mental incapacity.

The common factor in all of those exceptions is that each deals with individuals who were eligible to vote when they registered but subsequently became ineligible.

The 90-day deadline obviously doesn’t apply to an alien who wasn’t eligible to register to vote in the first place and, in fact, was committing a felony violation of federal criminal law by registering.

Critics, including the Justice Department, have claimed that those exceptions are the “exclusive” reasons that a state may remove the names of registered individuals from the voter rolls.

In 2012, in Arcia v. Detzner, a federal case out of the Southern District of Florida, Judge William Zloch said that claim would “produce an absurd result.”

Zloch ruled that would mean a state couldn’t “remove from its voting rolls minors, fictitious individuals, individuals who misrepresent their residence in the state, and non-citizens.”

The 90-day deadline, the judge decided, “simply does not apply to an improperly registered noncitizen.”

In another 2012 federal case, U.S. v. Florida, Judge Robert Hinkle of the Northern District of Florida concluded that Congress drafted these provisions of the law to deal with the removal of names of registered voters “on grounds that typically arise after an initial proper registration.” The provisions don’t apply to “revocation of an improperly granted registration of a noncitizen,” Hinkle ruled.

In fact, the judge wrote, “the NVRA does not require a state to allow a noncitizen to vote just because the state did not catch the error more than 90 days in advance.”

Moreover, the Justice Department is also wrong in claiming that the law bars all “systematic” removals of voters’ names.

As Hinkle ruled, during the 90-day period “a state may pursue a program to systematically remove registrants on request or based on a criminal conviction, mental incapacity, or death but not based on a change of residence.”

What “matters here,” the federal judge added, “is this: none of this applies to removing noncitizens who were never properly registered in the first place.”

It is true that in a deeply flawed, cursory analysis, a divided panel of the 11th U.S. Circuit Court of Appeals overturned the Southern District of Florida decision and held that the 90-day deadline did apply to the removal of aliens’ names from voter rolls.

But Florida didn’t appeal this obviously wrong decision by two appeals court judges to the entire 11th Circuit or to the Supreme Court. The 11th Circuit panel’s decision not only is wrong based on the text of the statute, but any interpretation of the National Voter Registration Act that would force a state to allow an ineligible alien who violated criminal law by registering to remain registered so he may cast a ballot in an upcoming election likely would render the law unconstitutional.

In 2019, in Bellitto v. Snipes, another case arising out of Florida, a different 11th Circuit panel held that in applying the NVRA, “Congress would not have mandated that the state register” an individual who “is not eligible to vote.”

If the NVRA does not require a state to register an ineligible alien to vote, it cannot be construed to require a state to maintain and continue the registration of an ineligible alien.

Alabama and Virginia should fight the Justice Department and be willing to take these cases all the way to the Supreme Court. Maintaining the security and integrity of the American election process and protecting voters against foreign interference that voids their votes requires no less.

Read Hans von Spakovsky’s complete Legal Memorandum: “The National Voter Registration Act Does Not Prevent States From Removing Aliens from Voter Registration Rolls at Any Time.”