A U.S. District Judge in California issued a 19-page order restricting pre-election field operations by the Department of Homeland Security across nine states. The DHS initiative involves armed Homeland Security Investigations officers visiting homes to interview individuals suspected of illegally voting as noncitizens, a category that can include individuals who voted before becoming naturalized citizens.
Judge Araceli Martínez-Olguín ruled that the government’s use of what she characterized as flawed and unreliable data likely violates the Voting Rights Act’s prohibition on voter intimidation. The judge referenced a whistleblower disclosure from U.S. Citizenship and Immigration Services alleging that the process for generating target lists was rushed and included U.S. citizens. The ruling also cited publicized arrests by HSI agents as contributing to what the judge described as an objectively reasonable fear that would intimidate citizens from engaging in voting activities.
The restrictions apply to operations planned in California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington, and Wisconsin. The order bars DHS officers from conducting field operations targeting individuals they know, suspect, or reasonably should suspect are U.S. citizens, or operations based solely on USCIS data matching without additional investigation. A USCIS official acknowledged in court filings the possibility that U.S. citizens could be erroneously identified as noncitizens in federal records.
The lawsuit was filed by a coalition including San Francisco and Santa Clara counties, unions, and voting rights organizations. A spokesman for Protect Democracy, representing the plaintiffs, stated the ruling affirmed citizens’ right to vote without government interference. The DHS argued in response that the agency focuses only on identifying noncitizens who voted illegally and stated it has no plans to investigate people it believes are U.S. citizens.
The order takes effect Friday and remains in place through election night, though the federal government may appeal. Meanwhile, the Department of Justice is pursuing separate litigation demanding California segregate ballots from individuals federal officials believe are likely noncitizens. State election audits have consistently found noncitizen voting to be extremely rare.
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