Project 2025 Tracker / What’s done, what’s next

5. Department of Homeland Security · Minor

Designate USCIS as Intelligence Community-adjacent with database access

Partially done

Printed page 152 5. Department of Homeland Security

“Designate USCIS as Intelligence Community–adjacent, ensuring that it has access to national security and law enforcement databases.”

What has happened

  1. Partially done

    The Supreme Court stayed the vacatur, and the SAVE overhaul is back in force pending appeal. In *Department of Homeland Security v. League of Women Voters*, No. 26A308, the Court granted the application per curiam, finding the plaintiffs likely have standing but their claims likely lack merit: 8 U.S.C. 1373 "necessarily authorized DHS to request and receive" citizenship information "notwithstanding any other provision" of law, and "likely supersedes restrictions on disclosure elsewhere in the Code". The ground of the 2025-04-22 event, law-enforcement records inside the system USCIS runs, is operative again, so the item returns to `partial` on that limb. The intelligence limb is unchanged: no designation has been made.

  2. Blocked

    The District of Columbia vacated the SAVE overhaul this item's `partial` rests on. In *League of Women Voters v. U.S. Department of Homeland Security*, No. 25-cv-3501 (SLS), the court granted summary judgment for the plaintiffs, holding that the modified system violated the Social Security Act's confidentiality provision, the Privacy Act and the APA, and "sets aside and vacates the SAVE 'modified system' described in the 2025 DHS SORN" (90 Fed. Reg. 48,948) together with the DHS and SSA system-of-records notices, restoring the status quo before May 2025. The vacatur reaches the whole modified system, not one use of it, so the rebuilt SAVE that the 2025-04-22 event counts as the law-enforcement data limb was set aside. On 2026-09-04 a divided D.C. Circuit panel (Katsas, J., dissenting) denied a stay pending appeal, so the vacatur stayed in force.

  3. Partially done

    DHS, USCIS and DOGE announced a rebuild of the Systematic Alien Verification for Entitlements (SAVE) system as "a single, reliable source for verifying non-citizen status nationwide" that "integrates criminal records, immigration timelines, and addresses", removes fees and supports mass status checks. The law-enforcement data limb of the Quote is being delivered: criminal records are now inside the system USCIS runs. The intelligence limb is not - no designation of USCIS as Intelligence Community-adjacent has been made, USCIS is not an Intelligence Community element under 50 U.S.C. 3003(4), and nothing published gives it access to national security databases.

Research log

What was searched, and what didn’t count as evidence

Research notes

Two limbs: an Intelligence Community-adjacent designation, and access to national security and law enforcement databases.

The SAVE rebuild delivers part of the second limb and nothing of the first. Partial, with the designation untouched - it would take an executive order or a statutory amendment and neither exists. Boundary call: a reviewer could read SAVE as a system USCIS operates for other agencies rather than as USCIS gaining access, which would put this at not started.

Related: USCIS special agents were given law-enforcement authorities by the 2025-09-05 rule researched under #322 (p. 144); that is authority, not database access, so it is noted rather than cited.

The SAVE litigation (found 2026-09-28, then read). We had missed three rulings in one case for three months. They turned up in a reading of new Supreme Court records. All three were read from the courts’ own PDFs. (1) The district court vacated the whole 2025 modified system and both SORNs on 2026-06-22. (2) The D.C. Circuit refused a stay on 2026-09-04. (3) The Supreme Court granted one on 2026-09-25. That is blocked from the vacatur and back to the prior Status from the stay: two events, the same treatment the record gives a vacated order elsewhere. The appeal is expedited in the D.C. Circuit (Nos. 26-5243 and 26-5301). A ruling on the merits there, or on certiorari, is the next event.

Action
expand
Object
USCIS Intelligence Community status and database access
ID
376