US judge halts DHS noncitizen voter operations in nine states ahead of midterms

A ruling that halts field operations before the midterms

Judge Araceli Martínez-Olguín of the US District Court for the Northern District of California issued a preliminary injunction on Wednesday, 21 October, barring the Department of Homeland Security (DHS) from carrying out field operations and interviews linked to the midterm elections in nine states: California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin. The order covers people whom authorities believe, or reasonably should believe, are US citizens, as well as operations built solely on records generated by the government's voter-matching policy against suspected citizens. It remains in force until 8 p.m. local time on 3 November, when polls close on Election Day.

The judge found that the California Nurses Association and National Nurses United were highly likely to succeed on their claim that the government's conduct violates Section 11(b) of the Voting Rights Act, which bars intimidation aimed at preventing voter assistance and mobilization. The plaintiffs also include the city and county of San Francisco, Santa Clara County and the Voto Latino Foundation. In her written order, the judge described the chilling effect on people who help others vote:

an objectively reasonable fear of law enforcement entanglements that intimidates citizens from urging or aiding others in exercising their right to vote

Doubts about the data behind the target lists

Court filings say the government assembled target lists from nearly 100 million records drawn from several sources, including state voter rolls and commercial data. The judge warned of a high likelihood of error because no federal database holds citizenship status for US residents, and she questioned the accuracy of the administration's data.

DHS Secretary Markwayne Mullin has previously claimed that as many as 250,000 non-citizens were listed on voter rolls in California, Nevada, New Jersey and Pennsylvania. All four states expressed skepticism about that figure and the method used to reach it. In September, Democratic senators Chuck Schumer and Alex Padilla released a whistleblower report alleging that officers had been directed to access sensitive voter information in breach of state laws, using "highly questionable data".

Arrests in California and a separate lawsuit

On Monday, 19 October, federal officials charged 28 green card holders in California with voter fraud-related offenses, accusing them of registering to vote unlawfully. One of those charged, a 72-year-old, said officers knocked loudly at his Los Angeles home just after 5am and handcuffed him even though he told them he was frail. He said about six police cars and cameras were waiting on the street. A Department of Justice promotional video later featured his arrest. Justin Levitt, a professor at Loyola Law School in Los Angeles and a former deputy assistant attorney general, reacted sharply to the publicity:

There's no point other than partisan politics behind that sizzle reel.

Separately, on Thursday, 22 October, the Justice Department asked a federal appeals court to step in and speed up its lawsuit against California. The suit seeks to stop the state from counting up to 20,000 mail ballots sent to voters the department says are "likely noncitizens". District Judge David O. Carter had set a hearing for the following week, but the department wants a faster ruling. Secretary of State Shirley Weber and Los Angeles County registrar-recorder Dean Logan did not review the federal list within the requested time frame. First Assistant US Attorney Bill Essayli called the matter an emergency, and California Attorney General Rob Bonta's office moved to dismiss the suit on Wednesday night.

Official responses

DHS said in a statement that its focus is removing people who vote illegally and dilute the votes of citizens. It added:

We have no plans to question or investigate people we believe to be US citizens.

Attorney General Todd Blanche has refused to rule out challenging the certification of midterm results, while saying the Justice Department does not intend to improperly interfere in elections. Donald Trump has repeatedly blamed his 2020 election loss on widespread fraud. The DHS order runs until polls close on 3 November, and the California ballot case awaits a ruling from the appeals court and Judge Carter.