The SAVE America Act Hits A Milestone, Does It Have Momentum Now?

The SAVE America Act remains in limbo, but it achieved a critical milestone during a late-night vote-a-rama to advance the GOP’s $70 billion immigration enforcement package, when Sen. Susan Collins (R-Maine) switched her vote. That means the only thing preventing it from becoming law is the 60-vote threshold in the Senate.

The legislation, formally titled the Safeguarding American Voter Eligibility Act, would require proof of U.S. citizenship at voter registration and a valid photo ID to cast a ballot in federal elections. It cleared the House months ago and has sat in the Senate since, caught between a Republican majority that supports it and a 60-vote cloture threshold that has become its ceiling.

Despite the filibuster standing in its way, reports suggest that meeting the 50-vote threshold to pass has given the legislation new momentum.

The path to 50 came through Sen. Mike Lee’s (R-Utah) amendment, which used the bill’s original, unmodified form as passed by the House. An earlier attempt by Sen. Lindsey Graham (R-SC) to attach a modified version that included additional provisions, such as barring men from competing in women’s sports, fell short when four Republicans defected. Sens. Collins, Lisa Murkowski (R-Alaska), Mitch McConnell (R-Ky.), and Thom Tillis (R-N.C.) all voted against the Graham version. Collins switched her vote on Lee’s amendment and provided the crucial 50th yes vote.

“51 votes for the SAVE America Act during tonight’s budget reconciliation vote-a-rama,” Lee said in a post on X during the session.

“That means that but for the Zombie Filibuster, the House-passed SAVE America Act would now be on its way to the White House for President Trump’s signature.”

The Zombie Filibuster he references is the modern mutation of a once-demanding procedural tool that required senators to physically hold the floor with hours of continuous speech. Today, any senator can invoke it with a single objection; legislation dies unless it clears 60 votes, and no one has to say a word.

Lee and a bloc of conservatives have pressed Senate Majority Leader John Thune (R-SD) to force a talking filibuster, requiring Democrats to hold the floor continuously until they run out of steam and the bill advances by a simple majority. However, Thune has so far declined. 

Thune’s concern is that a sustained floor fight and a flood of Democratic amendments could fracture the Republican conference or cause collateral damage to other pieces of Trump’s agenda. It is a calculated bet that the bill’s supporters find increasingly difficult to accept.

The filibuster has taken a huge toll on the productivity of the U.S. Senate. Congress is on pace to enact less legislation in this two-year session than at any point since Barack Obama’s presidency. According to GovTrack, just 97 bills became law across the two most recent Republican-controlled Congresses, compared to 274 during the 118th Congress. The last time the number sank this low was the 112th Congress. 

Yet, the battle inside the chamber bears almost no relationship to where the country stands on the SAVE America Act. A Harvard-Harris poll from earlier this year found broad public support for the SAVE America Act, with 71% of Americans supporting the legislation, including 69% of independents and even 50% of Democrats. Support for its key provisions is even stronger: 81% favor requiring voter ID, 75% support proof of citizenship to vote, and 80% want states to remove non-citizens from voter rolls. Perhaps most striking, 85% of Americans—including 84% of independents and 82% of Democrats—agree that only U.S. citizens should be allowed to vote in federal elections. Overall, 60% view the bill as a commonsense measure to prevent fraud and safeguard election integrity.

Trump has directed his frustration at Senate Parliamentarian Elizabeth Macdonough, who ruled the SAVE America Act ineligible for inclusion in the GOP’s $70 billion immigration enforcement package under the Byrd Rule, which governs what legislation qualifies for budget reconciliation at a 50-vote threshold. 

Trump has called on Thune to remove her. 

“Just the other night, as an example, she ruled against us on a proposal that would have easily been approved, and should have been, by anyone else,” Trump posted. He followed with a sharper message on Truth Social: “We have every right to change her, and should do so, IMMEDIATELY,” Trump wrote, adding, “As long as she’s there, we will never get our desperately needed, SAVE AMERICA ACT, approved, and put into full force and effect!” 

Thune dismissed the pressure as routine.

“That’s not a new request, as you all know,” Thune said of Trump’s demand, “and as is typically the case, the parliamentarian, the rulings break both ways. And, you know, we lose a few, we win a few, but that’s been true when Democrats have been in the majority, too.”

Collins, who provided the decisive 50th vote on Lee’s amendment, has previously stated she will not support eliminating the filibuster, and it’s unlikely she’ll change her mind on that with her facing a tough reelection bid this year. But reaching the 50-vote threshold to pass the upper chamber is a modest victory that could change the debate going forward.