Iowa Senate OKs use of SAVE to verify immigration statuses for public assistance, voter registration

DES MOINES — Iowa lawmakers greenlit the use of federal immigration databases for verifying immigration statuses for driver's licenses, voter registration, state government employment and public services Wednesday.

The Iowa Senate approved five bills requiring the state to use the Systematic Alien Verification for Entitlements or SAVE, which is administered by U.S. Citizenship and Immigration Services. All five bills now head to the House for consideration.

The stream of bills comes after Republican Gov. Kim Reynolds signed an executive order in October ordering all state agencies to use E-Verify, another federal system, to check new employees’ work authorization, and SAVE to confirm the employment eligibility of state workers and the citizenship or immigration status of individuals seeking state-issued professional licenses.

Reynolds’ action followed the arrest of former Des Moines Superintendent Ian Roberts on federal immigration charges.

One of the bills, Senate File 2203, would require county election officials to confirm Iowans’ citizenship using a federal immigration database to register them to vote.

Currently, voters have to attest that they are U.S. citizens when registering to vote.

Sen. Ken Rozenboom, R-Pella, said the bill provides a pathway for voters to rectify any potential mistakes in the SAVE verification process. It would require county commissioners to provide notice to an unconfirmed registrant and give instructions on how they can provide proof of citizenship or contact USCIS. A person who is flagged would have 90 days to provide proof of citizenship.

“It (SAVE) is a tool to use to help us clean up voter registration data,” Rozenboom said.

The Iowa secretary of state is already developing a similar system to vet the citizenship of voters, the office’s representative Eric Gookin said in a subcommittee for the bill in January.

Sen. Sarah Trone Garriott, D-West Des Moines, expressed concern about the accuracy of SAVE and said the use of it could create further barriers for those registering to vote by incorrectly flagging them as ineligible. She said she worked with constituents who had their absentee ballots incorrectly flagged for being ineligible despite being citizens.

“This bill is not a fix. This bill does not enhance election integrity. This bill is going to send us down the road of more bad data that will make things worse. It's just more brokenness for our already broken immigration system,” Trone Garriott said.

The legislation passed the Senate 34-13.

Requiring SAVE verification for public assistance

Undocumented women, children and infants in the state would not be eligible for a federal nutrition assistance program under another of the bills passed Wednesday.

Senate File 2442 would require those receiving public assistance from programs, including the Supplemental Nutrition Assistance Program and the Women, Infants and Children program, to be verified using SAVE.

Currently, WIC — a nutrition program for low-income pregnant and post-partum women, infants and children up to 5 years old — is one of the only federal assistance programs that doesn’t require proof of citizenship or immigration status.

Sen. Scott Webster, R-Bettendorf, said the legislation will strengthen existing integrity and verification measures enacted by lawmakers in 2023 and will align Iowa with current policies in the federal spending and tax policy package signed into law last July.

“Senate File 2422 makes it clear that illegal aliens should never be eligible to receive public assistance using taxpayer dollars,” Webster said.

Sen. Janet Petersen, of Des Moines, said the bill’s fiscal note, which provides a nonpartisan analysis of the cost of legislation, included incomplete information. The fiscal note assembled by the Legislative Services Agency states that the agency did not receive a response from the Iowa Department of Health and Human Services on multiple information requests from the department.

“Why are we blindly passing bills when the department is snubbing us as a Legislature from providing basic budget information?” Petersen said before asking for the body to defer the vote until more budgetary information is provided.

The request for deferment was denied. Lawmakers advanced the bill 30-17.

Status verification for driver’s licenses

Another bill passed by the Iowa Senate on Wednesday would require the Iowa Department of Transportation to use SAVE to verify the citizenship or immigration status of those applying for or renewing a driver's license who fail to provide proof of citizenship.

Senate File 2187 also would prohibit the Iowa DOT from renewing or issuing driver’s licenses to those without a verifiable legal status or who are unable to provide proof of citizenship.

The Iowa DOT already requires proof of citizenship or lawful presence in the U.S. for those applying for a driver’s license and uses the SAVE program for non-citizens.

The legislation passed 42-5.

Sen. Cindy Winckler, D-Davenport, argued the SAVE program can flag individuals inaccurately.

Sen. Tim Kraayenbrink, R-Fort Dodge, who floor managed the bill, said the program is rated 99.99 percent effective by USCIS.

“Right now, the Federal Systematic Alien Verification and Entitlement Systems is one of the most accurate things that are available to us here in the United States,” Kraayenbrink said.

Senators also passed two pieces of legislation requiring the use of SAVE to verify the citizenship of new state and school employees.

Requiring English proficiency for CDL licenses

Senators also unanimously passed a bill requiring truck drivers to pass an English language proficiency test to receive or renew a commercial driver’s license or permit.

Senate File 2426 would prohibit the Iowa DOT from issuing or renewing a commercial driver’s license or commercial learner’s permit unless an applicant demonstrates sufficient ability to read and speak English. The required, computer-based examination would test whether a driver can converse with the public, understand highway traffic signs and signals, respond to official inquiries and complete reports, consistent with federal regulations.

Lawmakers amended the bill so law enforcement only will issue an out-of-service order, not criminal penalties, to a person who violates the bill if they have an unexpired CDL or one that was issued by the Iowa DOT after that person would have been subject to an English proficiency exam.

Tom Barton of The Gazette contributed to this report.