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US Midterms 2026
27OCT

D.C. Circuit keeps SAVE database offline

2 min read
13:20UTC

The D.C. Circuit refused on Friday 4 September, by two votes to one, to revive the Department of Homeland Security's modified citizenship-checking database. Judge Gregory Katsas dissented.

PoliticsDeveloping
Key takeaway

DHS cannot reopen its citizenship database for election officials before the November vote.

The D.C. Circuit Court of Appeals refused on Friday 4 September, by two votes to one, to revive the Department of Homeland Security's modified Systematic Alien Verification for Entitlements database. The SAVE System is a DHS tool built to check immigration status for benefits agencies. It is not the SAVE Act, the citizenship-proof bill that shares the name and is still sitting on Calendar No. 468, and it is not the Justice Department's separate campaign for state voter files. A March 2025 executive order had opened the system to bulk searches of Social Security data by election officials.

A district court held on 22 June that DHS had no statutory authority for the change and had breached the Social Security Act, the Privacy Act and the Administrative Procedure Act. The panel refused a stay on narrow ground: the government raised its main Social Security Act argument only after judgment. "We decline to overlook the forfeiture," the per curiam order says.⁠1 Judge Gregory Katsas dissented and would have granted the stay.

The database stays disabled nationally, so no state can run a bulk noncitizen check through it before November. Readers should keep this apart from the Justice Department's pursuit of state voter files, which reached a third appellate circuit in July after seventeen dismissals. A government that loses a stay on forfeiture keeps its underlying argument intact, so the eventual appeal is worth watching separately from this order.

Deep Analysis

In plain English

The Department of Homeland Security wanted to use a modified version of a database called SAVE to run bulk checks on Americans' citizenship status, tied to Social Security records. A federal appeals court has refused, two votes to one, to let that modified system come back into use, ruling the government missed its chance to make its main legal argument on time. One judge disagreed. The system stays switched off nationwide through the midterms, at least on this legal theory. Note: this SAVE database is a different thing from the separate proposed law called the SAVE Act, which also appears elsewhere in this briefing.

Deep Analysis
Root Causes

The government lost on a forfeiture technicality, not on the merits of whether the Social Security Act permits this use of its data: it raised its main statutory argument only after judgment, and appellate courts generally will not consider an argument a party could have made earlier but did not.

That posture means DHS could, in principle, refile with the argument properly preserved, rather than being barred from ever reviving the database on this legal theory.

What could happen next?
  • Consequence

    The SAVE database remains unavailable for bulk citizenship checks through the midterms, regardless of what a future ruling on the merits might hold.

First Reported In

Update #16 · Missouri suspends its map, and votes on it

United States Court of Appeals for the District of Columbia Circuit· 7 Sept 2026
Read original →
Causes and effects
This Event
D.C. Circuit keeps SAVE database offline
No state can run a bulk citizenship check against federal records before November, and the government lost on a procedural point rather than the substance.
Different Perspectives
Department of Justice (DOJ)
Department of Justice (DOJ)
DOJ appealed to the 9th Circuit after Judge David O. Carter did not rule by a noon deadline on 22 October that DOJ itself had set, seeking to have California set aside mail ballots from more than 20,000 listed voters. Its case is that ineligible votes cancel lawful ones; the panel dismissed the appeal 2-1 on 26 October.
Lower Costs Now
Lower Costs Now
Lower Costs Now reported $7.37m in Kansas on 24 and 25 October, part of $65.65m in Senate races since its first independent expenditure on 1 October, including $17.21m for Josh Turek in Iowa. Its FEC filings show $50.18m raised by 14 October.
MAGA Inc
MAGA Inc
MAGA Inc, the super PAC aligned with Donald Trump, filed $7.20m against James Talarico on 22 October, taking its Texas spending to $37.65m. Of that, $30.12m is against Talarico and $7.53m is for Ken Paxton, the Republican nominee.
Senate Majority PAC (SMP)
Senate Majority PAC (SMP)
SMP's pre-general report shows it spent $108.70m from 1 to 14 October, including $65.0m to WinSenate and $10.0m to Texas Forever, and ended with $32.72m. Texas Forever has reported $19.40m against Ken Paxton since 1 October.
Senate Leadership Fund (SLF)
Senate Leadership Fund (SLF)
SLF's pre-general report shows $88.42m in cash on 14 October and $18.98m raised in the fortnight, none of it from Elon Musk. It has since reported $12.07m against Sherrod Brown in Ohio, and its $2.7m to Plains PAC preceded that committee's first Kansas buy on 25 October.
National Republican Senatorial Committee (NRSC)
National Republican Senatorial Committee (NRSC)
The NRSC's pre-general report shows nothing spent with Ashley Hinson in Iowa, or with its nominees in six other states, from 1 to 14 October, after $5.54m with Hinson in September. It took no new loan and ended the fortnight with $25.20m in cash and $20m of debt.

Written with AI from Lowdown's published reporting. Not individually reviewed by an editor. Editorial standards.