An anonymous whistleblower has disclosed concerns about Department of Homeland Security practices in its investigation of noncitizen voting, according to documents revealed on Monday. The whistleblower, represented by lawyers from Democracy Defenders Fund, alleges that DHS legal counsel informed officers tasked with investigating potential noncitizen voters that they would not face personal liability for violations of state law while conducting these inquiries.
The investigation involves having officers access voter registration information through state websites by entering data DHS has compiled. Several states require users to affirm they are accessing their own voter information or have explicit authorization. The whistleblower’s legal representatives argue that officers were instructed to conduct searches in a manner that could constitute misrepresentation, as they were not voters themselves accessing their own records. A DHS presentation acknowledged that legal clarification was being sought from leadership, while assuring officers they would not be personally liable for searches conducted as part of official duties.
The disclosure also raises questions about data reliability. In multiple instances, DHS provided officers with names and specific dates of voter registration and voting, yet when officers checked state voter databases, no records existed for those individuals. This problem was particularly acute in California, where officers frequently could not access the state’s voter registration system. Despite these obstacles, officers were reportedly directed to create files in Tecs, a DHS law enforcement database, potentially resulting in thousands of records based on data officers had reason to doubt. The whistleblower estimates this could affect thousands or tens of thousands of California residents.
Comparisons with election officials’ findings suggest significant discrepancies in DHS data. Nevada election officials reported that DHS initially claimed to identify as many as 15,903 noncitizens on voter rolls by comparing state data against DHS information, but subsequent review identified only 185 confirmed noncitizens. The disclosure details time pressure on officers, who received training on one date and were expected to begin research four days later, with productivity targets of five individuals per hour.
Democratic officials have criticized the initiative. Senator Alex Padilla of California called the allegations “shocking” and referenced potentially thousands of state law violations. Senate Minority Leader Chuck Schumer characterized the effort as a “wild goose chase” related to election theories and accused DHS of directing officers to engage in deceptive practices. DHS has not yet responded to requests for comment regarding the allegations.
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