Alabama Coalition for Immigrant Justice v. Allen

On August 13, 2024, Alabama Secretary of State Wes Allen announced that his office had identified 3,251 registered voters who had been issued non-citizen identification numbers, initiated their removal from the voter rolls, and referred them to the state attorney general for investigation and potential criminal prosecution. In a press release announcing the move, the Secretary admitted that some of these voters may have become naturalized citizens and were thus eligible to vote. He promised to provide them an opportunity to update their information and, if verified as citizens, be listed as eligible to vote.  

It is important to note that the fact that a registered voter was previously issued a non-citizen ID number is not conclusive proof that they are not a United States citizen or that they are voting illegally. Apart from certain non-citizens who serve in the armed forces or residents of some U.S. territories, to become a naturalized citizen, immigrants must first become permanent residents of the United States. These residents are often called “green card holders.” Each permanent resident is given a non-citizen identification number by the federal government. After meeting certain eligibility requirements, a permanent resident may become naturalized as a U.S. citizen and be eligible to vote. 

On September 13, 2024, the League of Women Voters of Alabama (“LWV Alabama”), Alabama Coalition for Immigrant Justice, Alabama State Conference of the NAACP, and several individual plaintiffs filed a federal lawsuit in the United States District Court for the Northern District of Alabama, alleging the removals and the referral of the group of voters to the state attorney general violated the United States Constitution and federal law.  

The plaintiffs argued the removals violated the National Voter Registration Act (NVRA), discriminated based on national origin and citizenship classification under the Equal Protection Clause, violated the fundamental right to vote under the First and Fourteenth Amendments, and violated the Voting Rights Act. 

On September 28, 2024, the case was consolidated with a separate lawsuit filed by the United States Department of Justice against the Alabama Secretary of State.  

LWV Alabama was represented in this matter by the Southern Poverty Law Center, Fair Elections Center, Campaign Legal Center, and McGuire & Associates, LLC.