Indiana Attorney General Todd Rokita and Secretary of State Diego Morales are asking the U.S. Citizenship and Immigration Services (USCIS) to verify the citizenship status of voters who registered in Indiana without providing state-issued forms of identification.

“Hoosiers deserve to know that only eligible voters are participating in our elections and that legitimate ballots are not being diluted by noncitizens,” Attorney General Rokita said. “We are doing our part to provide this assurance.”

Attorney General Rokita and Secretary Morales sent USCIS Director Ur M. Jaddou lists of certain voters who registered without state IDs — along with a joint letter formally requesting the agency’s assistance in verifying those individuals’ citizenship status.

“A fair and secure election process begins with accurate voter information,” said Secretary Morales. “As Indiana's Chief Election Officer, I am committed to ensuring that every registered voter in Indiana has met the legal requirements, including being a U.S. citizen. I’m proud to partner with Indiana’s Attorney General in taking proactive steps to gather missing information for those who completed their registration without a state-issued ID. This is crucial to maintaining the integrity of our elections and increasing public confidence. Only U.S. Citizens can vote in Indiana. Period.”

Federal law requires USCIS to respond to inquiries from state government agencies “to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law.”  

The letter is attached.

As part of a multistate coalition, Attorney General Rokita is also pressing federal authorities in another letter to provide a plan for how they will verify voters’ U.S. citizenship status in response to state requests. Ohio and South Carolina are leading that effort. 

 

 

 

October 11, 2024
Ur M. Jaddou
Director
U.S. Citizenship and Immigration Services
5900 Capital Gateway Drive
Camp Springs, Maryland 20746

Dear Ms. Jaddou:

The Offices of the Indiana Attorney General and Secretary of State request the assistance
of the United States Citizenship and Immigration Services (“USCIS”) in verifying the citizenship
status of certain individuals registered to vote in Indiana. As voters in our state cast their ballots
in the coming weeks in important federal, state, and local races, it is essential that they do so with
confidence in the integrity of our elections. It is beyond question that states have a compelling
“interest in protecting the integrity and reliability of the electoral process.” Crawford v. Marion
Cnty. Election Bd., 553 U.S. 181, 191 (2008). “[P]reventing voter fraud” and thereby ensuring
“public confidence in the integrity of the electoral process,” are priorities that should be pursued
vigorously at all levels of government in our country. Id. at 197. They are essential to the proper
functioning of our constitutional Republic. One of the chief ways that we can pursue these goals
is by confirming that every person registered to vote in Indiana is a U.S. citizen. Therefore, we
ask, pursuant to 8 U.S.C. § 1373, that USCIS verify the citizenship status of the individuals
registered to vote in Indiana who are identified in Attachments A, B, and C of this letter.

As the Attorney General and Secretary of State of Indiana, we are tasked in various ways
with safeguarding the lawful and orderly administration of Indiana elections. See, e.g., Ind. Code
§ 3-6-4.1-22; Ind. Code § 3-6-3.7-1; Ind. Code § 3-7-26.3-10. Ensuring that our elections are
conducted in accordance with state law means, among other things, keeping ineligible voters off
our state’s voter rolls. See Ind. Code § 3-14-2-10. We take that responsibility seriously.

Under federal law, it is “unlawful for any alien to vote in any election held solely or in part
for the purpose of electing a candidate for the office of President, Vice President, Presidential
elector, Member of the Senate, [or] Member of the House of Representatives.” 18 U.S.C. § 611(a).
Federal voter registration laws require the form for federal elections to state “each eligibility
requirement (including citizenship).” 52 U.S.C. § 20504(c)(2)(C)(i). Likewise, falsely claiming
to be a citizen to register to vote or to vote in a federal, state, or local election constitutes a federal
felony punishable by up to five years in prison. See 18 U.S.C. §1015(f).

Similarly, Indiana law prohibits non-citizens from voting. Ind. Code § 3-7-13-1. Our State
Constitution expressly reserves the franchise to citizens. See, e.g., Ind. Const. Art. 2, § 2(a) (“A
citizen of the United States, who is at least eighteen (18) years of age and who has been a resident
of a precinct thirty (30) days immediately preceding an election may vote in that precinct at the
election.” (emphasis added)). And Indiana statutes governing voter registration make clear that a
person must be a “United States citizen” to register to vote. Ind. Code § 3-7-13-1. Attempting to
register or assisting someone else to register to vote when the registrant is not an eligible voter are
crimes under Indiana law. See Ind. Code § 3-14-2-1 & 2.

In addition, Indiana is obligated by federal law to “perform list maintenance” on its
statewide voter registration list—including removing voters “who are not eligible to vote” from
the voting rolls. 52 U.S.C. § 21083(a)(2)(A) & (B). Indiana law also requires Indiana election
officials to take steps to verify the residency and citizenship of registered voters. See Ind. Code §
3-7-38.2-16; Ind. Code § 3-7-38.2-7.3. State election officials are further directed to remove
ineligible voters from the voter rolls under various circumstances. See, e.g., Ind. Code § 3-7-46-
1; Ind. Code § 3-7-45-1; Ind. Code § 3-7-38.2-1.

Under current law, there is no single method for verifying to a reasonable degree of
certainty the citizenship of all Indiana voters. We therefore seek to utilize all tools at our disposal
to verify voters’ citizenship and help ensure the integrity of our state’s voter registration system.
One of those tools is provided by federal law, which requires USCIS to “respond to an inquiry by
a . . . State . . . government agency, seeking to verify or ascertain the citizenship or immigration
status of any individual within the jurisdiction of the agency for any purpose authorized by law.”
8 U.S.C. § 1373(c). Federal law also prohibits USCIS from “in any way restrict[ing], any
government entity or official from . . . receiving from [USCIS] information regarding the
citizenship or immigration status, lawful or unlawful, of any individual.” Id. § 1373(a). That
means USCIS cannot restrict its own officers and employees from responding to our request for
citizenship verification. Information provided by USCIS in response to this inquiry can then be
used by Indiana state and local officials to remove ineligible voters from our voter rolls. See
Arizona v. Inter Tribal Council of Arizona, Inc., 570 U.S. 1, 15 (2013) (explaining that states may
“deny[] registration based on information in their possession establishing the applicant’s
ineligibility” (quotations omitted)).

Accordingly, we formally request that USCIS fulfil its obligations under 8 U.S.C. § 1373(c)
and verify the citizenship of the individuals identified in the attachments to this letter. The attached
lists of registered voters include all voters currently registered in Indiana who completed their
registration without submitting a state-issued form of identification. See Ind. Code §§ 3-7-33-4.7.
Although possession of a state-issued identification does not demonstrate that a person is a citizen,
the fact that a person obtained such identification provides some assurance that their citizenship or
immigration status may have been previously confirmed by a state official. See Ind. Code § 9-24-
11-5(c) (requiring the Indiana Bureau of Motor Vehicles to issue temporary identifications to an
individual who has temporary lawful status.”).

For each individual for whom we seek verification, we have provided the name and date
of birth. That information is sufficient to allow USCIS to verify these individuals’ citizenship
status through use of USCIS’s Person Centric Query Service. In total, we seek citizenship
verification for 585,774 individuals. We have separated the individuals who are the subject of our
request into three categories: (1) registered Indiana voters who registered without providing a
driver’s license number or social security number (Attachment A); (2) registered Indiana voters
located overseas (Attachment B); and (3) registered Indiana voters who registered to vote without
providing a driver’s license number (Attachment C). We request that USCIS provide us with
verification of the citizenship statuses of these individuals in this order priority—first providing
verification for the individuals in Attachment A, followed by verification of the statuses of the
individuals’ listed in Attachments B and C.

The last day to register to vote in Indiana was October 7. Election Day is a little over three
weeks away. We are thus at a critical juncture in this election cycle when verifying the integrity
of Indiana’s voter rolls is of acute importance. Because “the right to exercise the franchise in a
free and unimpaired manner is preservative of other basic civil and political rights,” Hoosiers
deserve to know that only eligible voters will be participating in our elections, and that their votes
will not be diluted or distorted by ballots cast by non-citizens. Reynolds v. Sims, 377 U.S. 533,
562 (1964). We ask that you assist us, as you are required to do by law, in giving the citizens of
our state that assurance.

Thank you for your prompt attention to this important request.
Sincerely,
___________________________ _________________________
Todd Rokita                              Diego Morales
Indiana Attorney General         Indiana Secretary of State

Indiana Attorney General Todd Rokita is taking action to protect states’ authority to prohibit sex-change procedures from being performed on minors — co-leading a 22-state brief to the U.S. Supreme Court aimed at thwarting the Biden-Harris administration’s efforts to override state laws.

“The Biden-Harris administration will stop at nothing to impose its radical transgender ideology on all Americans,” Attorney General Rokita said. “But Hoosiers elect state lawmakers to representtheir values, and the Indiana General Assembly has passed a law forbidding medical practitioners from performing surgery or administering drugs to children under 18 to ‘transition’ them to live as members of the opposite sex.”

In the amicus brief, the attorneys general support the State of Tennessee’s authority to enforce a law that — similar to Indiana’s — prohibits medical interventions before age 18 intended to alter boys’ or girls’ physical appearances so that they resemble members of the opposite sex.

“The Constitution leaves to states the right to make decisions about how best to protect children from unproven and risky interventions,” Attorney General Rokita said. “Here in Indiana, we have laws rooted in common sense, compassion and science.”

That lack of authority did not prevent the federal government from supporting a lawsuit against Tennessee that erroneously claims the Tennessee law violates the Equal Protection Clause of the 14th Amendment.

“Nothing in passing the Fourteenth Amendment,” the amicus brief states,” remotely suggests that the Equal Protection Clause was meant to override the States’ traditional role in regulating medicine.”

Joining Attorney General Rokita in leading the amicus brief are the attorneys general of Arkansas and Kentucky. 

“In our federalist system,” the brief further observes, “the States get to decide within their borders what interventions are available for boys and girls suffering from gender dysphoria. Tennessee gets to decide that using puberty blockers and hormones . . . is not sufficiently safe or beneficial —that long-term it will do more harm than good. No equal-protection challenge can change that.”

 

Indiana Attorney General Todd Rokita cautioned local officials in Lake and St. Joseph counties that he will pursue legal action against them after November 8 if they refuse to follow state laws that prohibit local entities from restricting immigration enforcement activities and communications with federal immigration authorities.

“Illegal aliens coming across our unprotected Southern border for the last four years have caused a jump in crime, fentanyl overdoses, human trafficking, and an increased financial burden on state and local programs,” Attorney General Rokita said. “Hardworking Hoosiers are sick and tired ofpaying the price for this left-wing nonsense, and our office will not back down from enforcing state law.”

A "sanctuary city" is a local unit of government that has implemented a policy that deliberately and intentionally restricts and obstructs the enforcement of federal immigration laws.

The Indiana General Assembly passed a law this year authorizing the attorney general to file lawsuits against any Indiana colleges, universities, or units of local government that do not comply with the Indiana ban on sanctuary cities.

Attorney General Rokita has heard from constituents about the problems caused by mass migration into areas like Lake and St. Joseph counties. His efforts to combat sanctuary cities are an important way to address these problems.

“Everyone should have the freedom and opportunity to succeed and attain a better life,” Attorney General Rokita said. “We welcome migrants to the United States who show they are thankful to be here by entering our country legally and following our laws. Simply put, if you do not follow our laws, you should not be allowed to stay.”

Attorney General Rokita has sent letters to officials in Lake and St. Joseph counties warning them of impending legal action if they do not come into compliance with Indiana law.

Attorney General Rokita also sent letters to officials in the cities of East Chicago, West Lafayetteand Monroe County. East Chicago and West Lafayette changed their policy to comply with state law. Our office is pursuing legal action in court against Monroe County.

We continue to evaluate other local governments and will take action as warranted to ensure compliance with state law.