October 25, 2025
A federal judge in Alexandria, Virginia, has ordered the state to immediately stop removing non-citizens from its voter rolls, a decision expected to reinstate voting rights for about 1,600 individuals just 11 days before Election Day. The preliminary injunction issued Friday by the United States District Judge Patricia Giles was that Virginia’s recent voter roll removals were not sufficiently individualized and therefore in violation of federal law.
Governor Youngkin’s Response and Planned Appeal
In the wake of the ruling, Virginia’s governor Glenn Youngkin announced that his office would apply for an emergency stay from the Fourth Circuit Court of Appeals and, if needed, take the case to the U.S. Supreme Court. Youngkin in a Fox News interview dug into it saying that it was a “stunning ruling” and that the court’s decision actually sends those who had previously identified as non-citizens back on the voting list. Youngkin stressed that the removals had been legal and within the state law.
“This is a stunning ruling by a federal judge who is ordering Virginia to reinstate individuals who have self-identified as noncitizens back on the voter rolls,” Youngkin said, and his office would pursue every available legal avenue.
Judge Giles’ Rationale for the Injunction
Judge Giles said in her decision that Virginia’s recent move to de-register non-citizens was too systematic and could have accidentally ejected eligible voters. She mentioned that states need to follow federal voting laws and let people who qualify stay eligible to vote.
“While it is undoubtedly in the public interest for ineligible voters to be removed, it is equally in the public interest for states to comply with federal law,” Giles said, adding that her vote did meet the National Voter Registration Act (NVRA). It’s a federal “quiet period” that runs for 90 days in which there’s no systematic voter roll maintenance leading up to an election.
DOJ’s Lawsuit and Concerns Over Voter Rights
The ruling follows a lawsuit the DOJ (Department of Justice) filed against Virginia on October 11. According to the DOJ, Virginia’s new voter roll updates, adopted by Youngkin’s August executive order, constituted a violation of the NVRA by performing systematic voter roll maintenance too close to the election day of November 5. Federal authorities also said that valid voters could have been repelled without being given sufficient notice or time to check status.
Those that DOJ sued pointed out that “states may remove names from official lists of voters for various reasons, but they may not carry on this kind of systematic removal program so close to a federal election.”The DOJ’s case noted that the 90-day ban is intended to maintain voter list stability in critical days before an election.
Youngkin’s Executive Order and Legal Justification
Governor Youngkin’s executive order, issued in August, authorized the state to conduct “daily” voter roll updates using information from the Virginia Department of Motor Vehicles to identify non-citizens. Those flagged were notified that their registration would be canceled unless they provided proof of citizenship within 14 days. The governor defended the measure, arguing it was based on legal precedent, specifically a 2006 state law enacted under then-Governor Tim Kaine, a Democrat, which he stated allowed for the removal of ineligible voters on an individualized basis.
Youngkin says that his approach is not “systematic” and that his government uses a case-by-case system to screen for potential non-citizens. Governor Youngkin claimed the executive order complies with state law and that it was necessary to leave the books of voters populated with only registered voters.
Next Steps in Virginia’s Election Oversight
Now Virginia is being scrutinized even more closely as a few days near Election Day for the registration of voters. The preliminary injunction is put in place until appeals commence, which might set up a high-stakes case that would go to the US Supreme Court. The decision and appeals underscore the current stalemate between federal regulation and state elections as states struggle to maintain voter integrity while maintaining federal rules.
The November 5 election is not far off, so the results of this court case may have long-lasting effects on Virginia’s election system and voter roll.
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