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• Guidance on Citizenship Verification and Voting Eligibility
• FIFA PASS Program: Priority U.S. Visa Interview Access for FIFA World Cup 2026 Ticket Holders
• Supreme Court Weighs Birthright Citizenship Challenge

Guidance on Citizenship Verification and Voting Eligibility

Executive Order 14399: Systemic Risks for Naturalized Citizens and Potential Electoral Impact

On April 3, 2026, Executive Order 14399 – Ensuring Citizenship Verification and Integrity in Federal Elections which was signed by the President on March 31, 2026, was published in the Federal Register (91 Fed. Reg. 17125) (“Order”). The Order directs federal agencies to create a “State Citizenship List” using data from the United States Citizenship and Immigration Services (USCIS), the Social Security Administration (SSA) and the Department of Homeland Security’s Systemic Alien Verification for Entitlements (SAVE) system.

While this Order is touted as an election integrity initiative, it introduces systemic risks that could scale nationally to disenfranchise many legitimate voters, particularly given the estimated 52 million naturalized and foreign-born U.S. citizens eligible to vote.  Historically, the government systems that have contained immigration status information have had a higher level of errors related to naturalized citizens as opposed to other immigration statuses.

Scale of the Issue: A Large and Potentially Affected Electorate

Naturalized citizens represent a significant and often decisive segment of the U.S. electorate, particularly in large and competitive states.

Because this population is overrepresented in federal immigration and SSA databases, they are uniquely exposed to data inaccuracies and mismatches within the Order’s verification framework.

Even a modest 1–3% error rate in federal systems could result in:

• Hundreds of thousands to over a million eligible voters being misclassified
• Widespread barriers to voter registration or ballot access
• Meaningful impact on close elections, especially at the state and local level

Key Risk Driver: Limitations of the SAVE System

SAVE is central to the Order’s framework but it was not designed to serve as a real-time citizenship verification system for voting purposes. Key issues include:

• Delays in updating naturalization status
• Incomplete synchronization with SSA and other databases
• Potential for false noncitizen indicators

As a result, naturalized citizens may be:

• Omitted from State Citizenship Lists
• Flagged for additional scrutiny or verification
• Incorrectly treated as ineligible to vote

It is important to note that there is no mechanism for individuals to check their individual information in the SAVE system to see if there are any mistakes.  While there is a self-check for E-Verify, an individual may actually pass the E-Verify confirmation with letters missing from their name.  However, if an individual’s name is not exactly the same as it is in the SAVE system, they would be negatively impacted by this Order.  Obtaining corrections to the SAVE system could take days and even months.  While the process to update and/or correct information in the SAVE system has been relatively fast recently, with a high number of people seeking updates, the processing time could become increasingly lengthy to the point of not being completed in time for the individual to be permitted to vote in the election.

Action Items for Naturalized U.S. Citizens

Given the potential for database inaccuracies, naturalized citizens should take proactive steps well in advance of elections or as soon as any discrepancy is discovered:

1. Confirm SSA Citizenship Status

Individuals should contact the Social Security Administration to verify that their citizenship status is accurately reflected in their records. If discrepancies exist, prompt action should be taken to update the information and obtain confirmation.

2. Maintain Readily Available Proof of Citizenship

Naturalized citizens should ensure they have accessible documentation establishing their citizenship. This includes:

• Naturalization certificate
• U.S. passport

These documents may be necessary if eligibility is questioned.

3. Verify Voter Registration Early and Regularly

Voter registration status should be checked well in advance of any election. Individuals who have recently naturalized or moved should confirm that their registration information is current and accurate.

5. Act Immediately on Any Discrepancy

Where available, individuals should use Department of Homeland Security processes established under the Order to review their data. Identifying and addressing discrepancies in systems connected to SAVE as early as possible will be critical.

If an issue is identified:

• Contact the appropriate government office immediately
• Request correction and maintain documentation of all communications
• Be prepared to provide proof of citizenship

Taking prompt action may help prevent complications closer to Election Day.

6. Plan for Contingencies When Voting

Voters should prepare for potential issues in advance:

• Confirm eligibility if voting by mail
• Bring supporting identification and citizenship documentation if voting in person
• Be prepared to request a provisional ballot if necessary

Potential Electoral Impact

1. Disenfranchisement at Scale

Reliance on federal data systems that are not fully synchronized or error free introduces a meaningful risk that eligible voters could be incorrectly excluded from voter rolls. Even minor discrepancies such as name mismatches, outdated naturalization status, or incomplete data transfers between agencies may result in individuals being flagged as ineligible.

This could have several downstream consequences:

• Eligible voters may not receive mail in or absentee ballots if their registration status is impacted.
• Some individuals may only be permitted to cast provisional ballots, which require additional verification and may not ultimately be counted.
• Small error rates, when applied across a large population, could result in a significant number of voters being unable to participate.

2. Administrative Bottlenecks

The timing of list updates under the Order presents an additional operational challenge. If State Citizenship Lists are updated as close as 60 days prior to an election, affected individuals may have limited time to identify and correct inaccuracies.

Given the current processes for correcting federal records, particularly within systems such as SAVE, delays can range from days to several months. As demand increases, processing times may lengthen further, creating a bottleneck that prevents timely resolution before voter registration deadlines or Election Day.

This compressed timeline places pressure not only on individuals but also on state election agencies, which may face increased volumes of inquiries, correction requests, and appeals within a constrained pre-election period.

3. Chilling Effect on Participation

Beyond administrative barriers, the heightened verification environment may deter voter participation. Increased scrutiny of citizenship status, combined with the potential for errors, may lead some eligible voters to question whether they are properly registered or at risk of being challenged.

Several factors may contribute to reduced participation:

• Concerns about investigation or legal consequences
• Uncertainty about eligibility status due to data discrepancies
• Confusion surrounding verification requirements and procedures

These concerns may be particularly impactful for recently naturalized citizens or first time voters who are less familiar with the process.

Legal and Constitutional Considerations

The implementation of Executive Order 14399 raises several important legal and constitutional questions. Equal Protection concerns may arise if naturalized citizens are disproportionately affected due to systemic data inaccuracies.

There may also be issues related to compliance with the National Voter Registration Act, particularly in how voter rolls are maintained and updated. Procedural Due Process considerations are implicated if individuals are not given sufficient notice or opportunity to correct errors that affect their eligibility to vote.

In addition, the large-scale sharing of personal data across federal and state systems may raise Privacy Act concerns, especially if safeguards are insufficient to prevent misuse or unauthorized disclosure.

Conclusion

Executive Order 14399 creates a new federal framework for citizenship verification that relies heavily on interconnected but imperfect data systems. With approximately 52 million naturalized and foreign born U.S. citizens, the potential scale of impact is substantial.

Even small data inaccuracies could create meaningful barriers to voting if not addressed in time. Early verification, proactive record management, and awareness of available remedies will be critical for individuals seeking to protect their voting rights under this framework.

FIFA PASS Program: Priority U.S. Visa Interview Access for FIFA World Cup 2026 Ticket Holders

The U.S. Department of State, in coordination with FIFA, has introduced a new initiative to manage the expected surge in visa demand ahead of the 2026 FIFA World Cup. The program, known as the FIFA Priority Appointment Scheduling System, or FIFA PASS, is designed to provide expedited visa interview access for foreign nationals who have secured tickets to matches in the United States.

The program is expected to launch in early 2026 and will apply to visitors traveling under standard B 1 or B 2 visa categories. To qualify, applicants must hold valid match tickets for games hosted in the United States and demonstrate temporary travel intent.

Under FIFA PASS, eligible applicants will be able to access priority visa interview appointments at U.S. consulates worldwide. This is intended to help alleviate long wait times and ensure that verified ticket holders have a clearer pathway to securing travel documentation in time for the tournament.

Applicants should expect the process to follow these general steps:

• Purchase official match tickets through FIFA and retain confirmation details
• Complete the DS 160 visa application and pay the required fee
• Register in the FIFA PASS system once available and link the application to ticket information
• Schedule a visa interview using designated priority appointment slots
• Prepare standard supporting documentation, including proof of ties abroad and travel plans

While the program offers faster access to interview appointments, it does not change the underlying legal requirements for visa approval. Applicants must still demonstrate eligibility under U.S. immigration law, including nonimmigrant intent and admissibility. Security checks and administrative processing may still apply and could impact timing.

Additional considerations include:

• High global demand may still limit appointment availability in certain locations
• Applicants should begin preparations early, even before FIFA PASS becomes available
• Travelers from Visa Waiver Program countries may use ESTA and will not need to participate in the program

Employers planning group travel or corporate attendance at World Cup events should take a proactive approach. This includes identifying employees who require visas, monitoring consular appointment availability, and coordinating timelines to avoid disruptions.

The FIFA PASS initiative reflects a broader effort to facilitate international travel for a major global event, though further operational details are expected as implementation approaches.

Impact: FIFA PASS provides a streamlined option for visa interview scheduling, but it does not reduce the legal standards required for approval. Individuals and employers planning travel for the 2026 World Cup should act early and prepare thoroughly to navigate potential demand and processing constraints.

Supreme Court Weighs Birthright Citizenship Challenge

The U.S. Supreme Court heard oral arguments in a significant case examining whether birthright citizenship should apply to children born in the United States to certain noncitizens, including individuals on temporary visas and those without lawful status.

At issue is an Executive Order that would prevent automatic U.S. citizenship for these children. Instead, the government has proposed that children would receive a dependent immigration status based on their parents. For example, a child born to H 1B visa holders could be assigned H 4 status at birth.

The central legal question focuses on the 14th Amendment and the meaning of the phrase “subject to the jurisdiction of the United States.” The Administration argued that this language should apply only to individuals who are not subject to a foreign power and who have the ability to remain in the United States permanently. This interpretation would exclude children of temporary visa holders and undocumented individuals from automatic citizenship.

Several justices raised concerns during the hearing, particularly around overturning long standing precedent and the broader implications of redefining a constitutional principle that has been widely accepted for generations. The discussion also highlighted the scale of the change being proposed and the uncertainty around how such a system would be implemented in practice.

If the Executive Order is upheld, it could result in:

• U.S. born children of nonimmigrant workers no longer receiving automatic citizenship
• New processes requiring verification of parental immigration status at birth
• Increased administrative and legal complexity for families navigating status for their children

A decision is expected later in the Court’s term, likely toward the end of spring or early summer.

Impact: This case has the potential to fundamentally change how citizenship is determined in the United States. For employers and foreign national employees, the outcome could introduce new challenges in managing family immigration status and long term planning, making it important to closely monitor developments as the Court prepares to issue its decision.