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DOJ sues Alabama, state's top election official for allegedly purging noncitizen voters too close to election

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DOJ sues Alabama, state's top election official for allegedly purging noncitizen voters too close to election

The Department of Justice sued the State of Alabama and its top election official, alleging that they had removed voters who had previously been issued noncitizen identification numbers from its election rolls too close to election day.

Noncitizen identification numbers are a tax-processing number issued by the Internal Revenue Service (IRS) to ensure that people—including undocumented immigrants—pay taxes. Along with paying taxes, noncitizen identification numbers can provide legal migrants with securing a driver’s license and providing proof of residency.

After being sworn into office in January, Alabama Secretary of State Wes Allen got to work to identify and remove 3,251 individuals who are registered to vote in Alabama who have been issued noncitizen identification numbers by the Department of Homeland Security.

“I have been clear that I will not tolerate the participation of noncitizens in our elections,” Allen previously said in a release. “I have even gone so far as to testify before a United States Senate Committee regarding the importance of this issue. We have examined the current voter file in an attempt to identify anyone who appears on that list that has been issued a noncitizen identification number.”  

ALABAMA ELECTION OFFICIALS SAYS BIDEN EXECUTIVE ORDER GIVES ILLEGAL IMMIGRANTS ‘MECHANISM’ TO REGISTER TO VOTE

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Alabama Secretary of State Wes Allen, testify during a hearing before the Senate Rules and Administration Committee at Russell Senate Office Building on Capitol Hill on March 12, 2024, in Washington, DC.  (Alex Wong/Getty Images)

Now, the DOJ is pushing back and has filed a lawsuit against Alabama and Allen.

The agency argued that Allen violated the National Voter Registration Act of 1993 (NVRA), which requires states to complete any changes to the voter registration lists no later than 90 days before federal elections.

Allen implemented the changes 84 days before, the DOJ alleged.

Alabama polling place

Signs directing voters are seen outside a polling place on March 5, 2024, in Mountain Brook, Alabama. (Elijah Nouvelage/Getty Images)

“The right to vote is one of the most sacred rights in our democracy,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said in a statement. “As Election Day approaches, it is critical that Alabama redress voter confusion resulting from its list maintenance mailings sent in violation of federal law.

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ALABAMA SECRETARY OF STATE ALLEN ANNOUNCES WITHDRAWAL FROM VOTER REGISTRATION GROUP

The DOJ also alleged that Allen’s removal of voter registration also impacted natural-born citizens who were incorrectly identified as potential noncitizens.

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The Department of Justice seals is seen during a news conference at the DOJ office in Washington, May 16, 2023. (AP Photo/Jose Luis Magana)

The Justice Department seeks injunctive relief that “would restore the ability of impacted eligible voters to vote unimpeded on Election Day,” the department said in a statement.

“The department also seeks remedial mailings to educate eligible voters concerning the restoration of their rights and adequate training of local officials and poll workers to address confusion and distrust among eligible voters accused of being noncitizens,” the agency said.

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Reached for comment late Saturday night, Alabama Secretary of State Wes Allen told Fox News Digital, “I was elected Secretary of State by the people of Alabama, and it is my Constitutional duty to ensure that only American citizens vote in our elections.  

“As to the question regarding the Department of Justice’s lawsuit, this office does not comment on pending litigation where the Secretary of State is a named defendant.”

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Newsom signs bill to expel six food dyes from California public schools

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Newsom signs bill to expel six food dyes from California public schools

Flamin’ Hot Cheetos, M&Ms and other items made with certain synthetic food dyes will be expelled from California public schools, charter schools and state special schools under a bill signed into law Saturday by Gov. Gavin Newsom.

Assembly Bill 2316, which will go into effect starting Dec. 31, 2027, spells the end for snack foods that contain the dyes known as blue 1, blue 2, green 3, red 40, yellow 5 and yellow 6. All are common industry staples that can give foods unnaturally vibrant colors in an effort to make them more appealing.

“Our health is inextricably tied to the food we eat,” Newsom said in a statement. “Today, we are refusing to accept the status quo, and making it possible for everyone, including school kids, to access nutritious, delicious food without harmful, and often addictive additives.”

The chemicals have been linked to developmental and behavioral harms in children, according to the bill’s authors, who cited a 2021 report from the California Environmental Protection Agency. They expressed hope that the new law can have ripple effects beyond the Golden State.

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“California is once again leading the nation when it comes to protecting our kids from dangerous chemicals that can harm their bodies and interfere with their ability to learn,” said Assemblymember Jesse Gabriel (D-Encino), who introduced the legislation.

The new law “sends a strong message to manufacturers to stop using these harmful additives,” he added in a statement.

Flamin’ Hot Cheetos contain three of the six newly forbidden chemicals: red 40, yellow 5 and yellow 6. The ingredient list for M&Ms includes those three dyes as well as blue 1 and blue 2.

Other food items that could disappear from cafeterias and school vending machines as a result of this law include Cheetos, Doritos, sports drinks and sugary breakfast cereals such as Froot Loops and Cap’n Crunch.

For Gabriel, the bill is personal. He told The Times in March that he had been diagnosed with attention deficit hyperactivity disorder as a child. His son also has the neurodevelopmental disorder.

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Last year, Newsom signed a first-in-the-nation ban on food additives found in popular cereals, candy, sodas and drinks, including brominated vegetable oil, potassium bromate, propylparaben and red dye No. 3. That law will take effect Jan. 1, 2027, and impose fines of up to $10,000 for violations.

California lawmakers hope the bans will prompt manufacturers to reformulate their recipes.

AB 2316 faced opposition from the American Beverage Assn., the California Chamber of Commerce and the National Confectioners Assn.

The groups said food additives should be regulated by the U.S. Food and Drug Administration, not evaluated on a state-by-state basis.

But how or when the FDA will take action on the issue remains to be seen, said Melanie Benesh, vice president for government affairs at Environmental Working Group, which co-sponsored the law.

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“The FDA should certainly also take action on these dyes, but that’s no reason to wait to make sure that kids in California are safe,” Benesh said after the bill passed the Legislature.

“There are plenty of alternatives to these chemicals,” Benesh said. “I think it’s on industry to find a way to reformulate and market their foods without using chemicals that may hurt our kids.”

In addition to the ban on food dyes, Newsom also signed a bill that aims to standardize information about the expiration dates on food products. AB 660 is designed to give consumers more clear and consistent information about the freshness of their food in the hope that it will reduce food waste.

“Having to wonder whether our food is still good is an issue that we all have struggled with,” the bill’s author, Assemblymember Jacqui Irwin (D-Thousand Oaks), said in a statement. The enactment of this bill is a “monumental step to keep money in the pockets of consumers while helping the environment and the planet.”

Erica Parker, a policy associate with Californians Against Waste, which co-sponsored the bill, said the legislation will get rid of the confusion consumers face when examining products that have the words “sell by,” “expires on” or “freshest before” printed on their packaging.

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The result of that confusion “is a staggering amount of food waste. Californians throw away 6 million tons of food waste each year — and confusion over date labels is a leading cause,” she said in a statement when the bill was sent to Newsom’s desk.

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Strike on Hezbollah Deepens Disconnect Between Biden and Netanyahu

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Israeli officials gave their American counterparts no advance warning of the strike that killed Hassan Nasrallah, the longtime leader of Hezbollah, according to U.S. officials. But Mr. Biden said the killing was “a measure of justice” for victims of Hezbollah terrorism.

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White House mum amid outrage over data showing how many illegal immigrant criminals are free in US

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White House mum amid outrage over data showing how many illegal immigrant criminals are free in US

The White House has yet to comment on new data released to lawmakers showing the number of illegal immigrants with convictions for sex offenses and homicide convictions who are not in Immigration and Customs Enforcement (ICE) detention.

The agency provided data to Rep. Tony Gonzales, R-Texas, about illegal immigrants with criminal charges or convictions. The data, as of July 2024, is broken down by those in detention and those who are not in detention, known as the non-detained docket. 

The non-detained docket includes noncitizens who have final orders of removal or are going through removal proceedings but are not in ICE custody. 

There are more than 7.4 million people on that docket, up from around 3.7 million when former President Trump left office. 

TENS OF THOUSANDS OF ILLEGAL IMMIGRANTS WITH SEXUAL ASSAULT, MURDER CONVICTIONS ROAMING US STREETS: ICE DATA 

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U.S. Border Patrol agents at the U.S. and Mexico border fence in Calexico, Calif.  ( Eric Thayer/Bloomberg via Getty Images)

The data shows that, among those not in detention, there are 425,431 convicted criminals and 222,141 with pending criminal charges. The data does not reveal how many of those criminals are recent arrivals. 

For comparison, in August 2016, toward the end of the Obama administration, ICE said there were about 2.2 million noncitizens on the non-detained docket and about 368,574 were convicted criminals. 

In the latest data, the criminals include 62,231 convicted of assault, 14,301 convicted of burglary, 56,533 with drug convictions and 13,099 convicted of homicide. An additional 2,521 have kidnapping convictions, and 15,811 have sexual assault convictions. There are an additional 1,845 with pending homicide charges, 42,915 with assault charges, 3,266 with burglary charges and 4,250 with assault charges.

The White House did not immediately respond to requests for comment on the data and whether it had been aware of the numbers. Vice President Kamala Harris’ campaign also did not comment. Harris is at the southern border in Arizona. 

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Fox News Digital has also reached out to the Department of Homeland Security.

The news sparked outrage from Republicans, who tied the numbers to the policies of the Biden administration and those sanctuary jurisdictions who refuse to cooperate with ICE.

‘POLITICAL STUNT’: CRITICS DISMISS HARRIS’ EXPECTED ARIZONA BORDER VISIT AS IMMIGRATION REMAINS TOP ISSUE

Rep, Gonzales called the data “beyond disturbing” and said “it should be a wake-up call for the Biden-Harris administration and cities across the country that hide behind sanctuary policies.”

“It’s time for Washington to move past rhetoric and toward results. Americans deserve to feel safe in their communities. As an appropriator, I will do everything in my power to ensure ICE has the resources necessary to deport noncitizens with a criminal record. This must be a priority,” Gonzales said in a statement. 

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“The Biden-Harris administration also plays a part in cleaning up the mess their failed policies have created. They have the ear of sanctuary city mayors. It’s time to encourage them to reverse course and put the safety of American citizens first.”

Homeland Security Committee Chairman Mark Green said the release of illegal immigrants into the U.S. “defies all common sense.”

Arizona-Immigrants-December-2023

Immigrants line up at a remote U.S. Border Patrol processing center after crossing the U.S.-Mexico in Lukeville, Ariz. (John Moore/Getty Images)

“This is madness. It is something no civilized, well-functioning society should tolerate,” he said.

In the letter to Gonzales, ICE took aim at so-called “sanctuary” cities that refuse to cooperate with federal law enforcement in deporting illegal immigrant criminals.

“ICE recognizes that some jurisdictions are concerned that cooperating with federal immigration officials will erode trust with immigrant communities and make it harder for local law enforcement to serve those populations. However, ‘sanctuary’ policies can end up shielding dangerous criminals, who often victimize those same communities,” it said.

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It also stressed DHS’s efforts to remove illegal immigrants.

“From mid-May 2023 through the end of July 2024, DHS removed or returned more than 893,600 individuals, including more than 138,300 individuals in family units. The majority of all individuals encountered at the Southwest Border over the past three years have been removed, returned or expelled.”

In a statement on Saturday, DHS said the data was being “misinterpreted.”

“The data goes back decades; it includes individuals who entered the country over the past 40 years or more, the vast majority of whose custody determination was made long before this Administration,” a spokesperson said. “It also includes many who are under the jurisdiction or currently incarcerated by federal, state or local law enforcement partners.”

The administration has said it needs more funding and reforms from Congress to fix a “broken” immigration system, including via a bipartisan Senate bill introduced this year – which has been rejected by Republicans. DHS said that bill would have provided much-needed resources, including additional immigration enforcement agents and officers and additional detention resources.

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It has also pointed to a sharp drop in arrivals since President Biden signed an executive order limiting asylum at the border in June. DHS also said it has removed over 180,000 noncitizens with criminal convictions since Jan. 2021.

CLICK HERE FOR MORE COVERAGE OF THE BORDER SECURITY CRISIS

The Biden administration has prioritized the removal of public safety and national security threats in narrowed priorities it released in 2021, but critics have linked those priorities with a drop in ICE removals.

Republicans have blamed the border crisis on the policies of the administration, including rolling back Trump policies that limited “catch and release.”

Asked about the increase in the non-detained docket this summer, a White House spokesperson pointed to that bill.

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“Congressional Republicans had an opportunity to support the fairest and toughest set of reforms in decades, and they chose to put partisan political interests ahead of fixing our immigration system and securing our borders,” the spokesperson said. 

“Congressional Republicans have proven that they do not care about securing our border because, frankly, if they did, they would have supported the bipartisan agreement.”

The data’s release comes as Harris visits the southern border in Arizona and seeks to present herself as tougher on the border than former President Trump, who she blames for the border bill not passing.

“Donald Trump tanked a bill to improve border security — just so he can win this election,” she said Friday. “As I have shown throughout my career, I won’t back down from my plan to make our border more secure.”

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Fox News’ Bill Melugin contributed to this report.

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