Arizona's proof of citizenship law heads back to the courts amid fears of noncitizen voting

An Arizona law that requires residents to show proof of citizenship in order to be able to vote in elections is before the courts again on Tuesday after the Supreme Court allowed parts of the law to be enforced – and amid national concerns about noncitizen voting.

Arizona’s law will be before a Ninth Circuit Court of Appeals panel on Tuesday for oral arguments over the law, which was initially blocked by a lower court earlier this year. The law would require those registering to vote to provide proof of citizenship. 

The Supreme Court allowed the enforcement of restrictions that block people from voting in state and local elections, but those who have registered without that proof can still vote in presidential and congressional elections with a different federal form. That form requires them to swear they are citizens under penalty of perjury. 

SCOTUS GIVES PARTIAL VICTORY TO GOP TRYING TO ENFORCE PROOF OF CITIZENSHIP TO VOTE IN ARIZONA 

Justice Clarence Thomas, Justice Samuel Alito and Justice Neil Gorsuch would have granted the application in full, while Justice Sonia Sotomayor, Justice Elena Kagan, Justice Amy Coney Barrett and Justice Ketanji Brown Jackson would have denied the application in full. Chief Justice John Roberts and Justice Brett Kavanaugh provided a compromise of sorts with their deciding votes. The now-stalled 2022 state law requiring proof of citizenship was challenged by civil rights groups and the Arizona Democratic Party. 

It comes amid yearslong concerns by Republicans, in particular about the potential for noncitizens voting in U.S. elections. This week, the U.S. Department of Justice said an illegal immigrant reached an agreement to plead guilty to charges related to stealing a U.S. citizen’s identity to vote in multiple elections and fraudulently obtaining an American passport. 

Meanwhile, in Congress, Republicans have looked to tie a bill to require proof of citizenship before registering to vote in federal elections to a spending bill extension to avoid a government shutdown at the end of the year. The Biden-Harris administration has come out in strong opposition to the SAVE Act, making clear it would not be signed by the president if passed.

“It is already illegal for noncitizens to vote in Federal elections – it is a Federal crime punishable by prison and fines,” reads a statement of administration policy last month.

Arizona residents shared their views with Fox News Digital last month about whether voters should provide proof of citizenship to vote.

“Absolutely,” one voter in Sierra Vista, Arizona, told Fox News Digital. “I have to provide proof of ID to get on a plane to go to New York. So why wouldn’t anybody else have to have an ID to vote for the people that are going to run our country?”

ARIZONA LAW REQUIRING PROOF OF CITIZENSHIP TO VOTE SUPPORTED BY 24 STATE AGS IN EMERGENCY STAY WITH SCOTUS

“I think that’s a decent idea,” one man told Fox in Tucson.

“I think if it’s not there, and you don’t have you don’t have a way to prove it, then you shouldn’t be counted in the voting system,” a resident in Yuma said.

“Absolutely, it’s unconstitutional otherwise,” a resident in Arivaca said.

Immigrants line up at a remote U.S. Border Patrol processing center after crossing the U.S.-Mexico border on Dec. 7, 2023 in Lukeville, Arizona. (Photo by John Moore/Getty Images)

“Absolutely, yeah,” another resident in Tucson said.

However, another Tucson resident disagreed. “I don’t think so because I feel like there’s a lot of people here that don’t have papers but still care for this country and care for their environments and their lifestyles, so I feel like those people should have a right to at least vote, or have speech for their own rights too.”

Fox News’ Greg Wehner, Bill Mears, Shannon Bream, Matteo Cina, Julia Johnson and The Associated Press contributed to this report.