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THE FEDERAL EXECUTIVE’S ADVANCE ON DATA, SOCIAL ASSISTANCE, AND ELECTIONS IN THE UNITED STATES

Thaís Caroline A. Lacerda | 16/09/2026 12:34 | iNFORMS

A combined analysis of reports and studies by CNBC, the Center for American Progress (CAP), and the organization Protect Democracy reveals how the U.S. presidential administration has employed administrative mechanisms, reinterpreted legal opinions, and centralized the organization of social databases to interfere with state-level governance regarding civil and voting rights. In this context, news reports indicate that the U.S. federal executive branch's actions concerning data management, election administration, and the allocation of public funds reflect an integrated strategy to expand central authority at the expense of state autonomy.


Regarding social assistance and immigration control, the Department of Justice (DOJ) issued a new legal opinion revising a prior ruling by the Office of Legal Counsel (OLC) dating back to 1998. As detailed in a CNBC report, the DOJ began requiring all states to report the presence of any undocumented immigrants known to them to the Department of Homeland Security (DHS). Refusal to provide this information carries the risk of losing federal funding for programs supporting low-income populations, such as Temporary Assistance for Needy Families (TANF) and Supplemental Security Income (SSI). The federal government's justification, presented by Assistant Attorney General T. Elliot Gaiser, argues that taxpayer funds intended for vulnerable Americans should not incentivize illegal entry into the country; thus, the provision of data is mandated as a condition for participation in federal programs.


It is also observed that the centralization of personal information has extended directly into the electoral sphere. According to documents released by Protect Democracy, the federal government launched an initiative to consolidate sensitive personal data on hundreds of millions of U.S. citizens—including Social Security numbers and citizenship records—by cross-referencing databases from the Department of Homeland Security (DHS), the Social Security Administration, the State Department, and state voter registries. Using the Systematic Alien Verification for Entitlements (SAVE) tool, the administration began compiling "state citizenship lists" and pressuring local officials to use them to determine voter eligibility. Protect Democracy and partner organizations highlight that this process is plagued by significant inaccuracies in federal data, leading to the improper exclusion of citizens and violations of federal privacy laws; furthermore, the initiative exceeds federal authority by threatening to prosecute state officials who fail to comply with the imposed guidelines.


This attempt at direct intervention in the electoral system is legally challenged by an analysis from the Center for American Progress. Addressing presidential claims that a national security emergency—based on alleged foreign interference—would justify federalizing control over elections, the CAP demonstrates that the U.S. Constitution grants the president no authority to unilaterally alter election rules or seize control of the electoral process. The article emphasizes that, under Article I, Section 4 of the Constitution, the authority to regulate and administer elections rests strictly with the states, with the federal Congress serving only in an oversight capacity. Invoking emergency laws or executive orders does not override the separation of powers established by constitutional jurisprudence, making any attempt at the nationalization of elections an unlawful encroachment upon state prerogatives.


The interplay between these measures reveals a pattern of conduct in which the federal executive branch—personified by Donald Trump—leverages financial coercion regarding public assistance funds and the creation of centralized databases to circumvent constitutional limits on its authority. While budgetary conditions are used to compel state cooperation in immigration screening, challenges to the electoral process serve as a pretext for attempting to shift control over vote counting and voter registration from state authorities to the central government. In response, both civil rights organizations and independent legal analyses maintain that claims of emergency and the withholding of funds violate the federalist architecture and the privacy guarantees ensured by the country's legislation.

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