U.S. House Passes SAVE Act to Prevent Non-Citizens from Voting in Federal Elections

By Hans von Spakovsky | Wednesday, 18 February 2026 03:32 PM EST

With the passage of the revised Safeguard American Voter Eligibility (SAVE) Act in the U.S. House of Representatives on February 11, it is now up to the U.S. Senate to overcome a threatened filibuster and pass legislation that has been long needed to ensure only American citizens vote in federal elections.

The uniform opposition from Democrats to the SAVE Act, combined with their ferocious resistance to enforcing immigration laws to identify and remove millions of illegal aliens deliberately flooded into the country by the Biden administration, reveals their true motives: they seek to facilitate voting without detection or prosecution for non-citizens, believing it will help them win elections.

Similarly, Democrats create sanctuaries in their states for illegal aliens because they know that since apportionment is based on total population rather than citizen population, attracting more illegal aliens grants them additional seats in the House and Electoral College representation.

First, the bill corrects a problem stemming from a misinterpretation of federal law by the U.S. Supreme Court. In 2013, the high court ruled in Arizona v. Inter-Tribal Council, 570 U.S. 1 (2013), that the National Voter Registration Act prevents states from requiring proof of citizenship when individuals register using the federal voter registration form.

The SAVE Act mandates proof of citizenship for all federal voters and provides a comprehensive list of acceptable documents, including REAL ID driver’s licenses and passports, as well as other photo IDs showing the U.S. place of birth. Photo IDs without such information can be used alongside birth certificates, adoption decrees, naturalization certificates, and similar documents.

For those who cannot meet these requirements, the bill includes a catch-all provision allowing individuals to sign an affidavit affirming their U.S. citizenship and undergo a process to explain any documentation discrepancies. Local officials determine whether applicants have sufficiently established citizenship.

Additionally, federal agencies from the Social Security Administration (SSA) to the Department of Homeland Security are directed to cooperate with states in verifying citizenship—a cooperation that Democratic administrations have consistently resisted.

Second, the SAVE Act implements a photo ID requirement for federal elections, similar to successful voter ID laws enacted by numerous states. These measures have been claimed by many liberals to suppress voting but in reality have increased registration and turnout, particularly among voters who feel confident their ballots will not be invalidated by illegal votes.

Critics argue this is outside federal authority, yet they ignore that a weak federal photo ID requirement already exists under the Help America Vote Act of 2002. That law requires individuals registering by mail for the first time to provide either a photo ID or a copy of a current utility bill, bank statement, government check, paycheck, or other document showing their name and address.

As with Georgia and Indiana’s voter ID laws two decades ago, Democrats and progressives now raise spurious claims about “voter suppression.” They deploy the same tired talking points and deceptive “Jim Crow 2.0” propaganda that has been repeatedly refuted by 20 years of turnout data.

Election integrity measures like voter ID requirements do not suppress voting—especially among rural residents, low-income individuals, people of color, and women—as claimed by groups such as the League of Women Voters. One of its local chapter presidents made an outrageous and utterly absurd claim that the SAVE Act would disenfranchise “69–70 million people.”

Critics also assert that voter ID requirements prevent married women from registering—a preposterous claim proven false. The SAVE Act will not prevent any married women from voting, just as other government programs requiring proof of identity and citizenship do not block married women from obtaining benefits.

Unless they are not U.S. citizens.

Everyone reading this article must have proved their identity and U.S. citizenship (or legal alien status with work authorization) to secure employment in their chosen field. If in doubt, review the Federal I-9 form that employers complete for all new employees.

If the federal government can require proof of identity and citizenship to earn a living and support a family, it is unreasonable to demand such proof for voting—a fundamental civic duty and privilege.

Not only have non-citizens been prosecuted for illegally registering and voting in elections, but numerous states—including Virginia and Texas—have discovered aliens on their voter rolls. However, detecting these cases has typically occurred by happenstance due to the honor system of voter registration.

We have many close elections in this country, and we do not need—and certainly do not want—aliens subverting those outcomes.

Hans von Spakovsky is a Senior Legal Fellow in the Edwin Meese III Institute for the Rule of Law at Advancing American Freedom and a former FEC Commissioner.