Department of Homeland Security v. League of Women Voters · ¶35

The parties then litigated the case to summary judgment, where the Government asserted that a provision of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), 8 U. S. C. §1373, gave DHS and SSA the authority to implement their modifications to SAVE regardless of the requirements of the Social Security Act and the Privacy Act. That statutory section provides that “[n]otwithstanding any other provision of Federal, State, or local law,” no “government entity” or “official,” “person[,] or agency,” may “prohibit, or in any way restrict,” the exchange of citizenship information with DHS. §§1373(a)–(b). It also obligates DHS to respond to state and local officials’ inquiries regarding a person’s citizenship status. §1373(c).

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