citizen

Oct. 30, 2026 8:59 PM PT

A federal judge in California on Friday barred the Justice Department from threatening or coercing election workers to stop processing ballots.

The order issued by U.S. District Judge Trina L. Thompson in the Northern District of California was in response to a suit filed earlier Friday by labor unions seeking to bar the Justice Department from intimidating election workers.

Notably, the emergency order was issued without the Department of Justice weighing in on the case.

“Election Day is around the corner,” wrote Thompson, who was nominated by former President Biden. “Ballots have already been issued. Americans have already begun voting. Workers have already begun processing ballots. Given the consequences of inaction, the Court sees no reason to delay its ruling.”

It also bars the Justice Department from demanding local election officials segregate or not count ballots that the federal government deems may have been cast by ineligible voters.

“This ruling is a victory for the workers who make our elections possible and the communities they serve,” April Verrett, president of the Service Employees International Union, said in a statement Friday night.

The top federal prosecutor in Los Angeles, Bill Essayli, has warned that “any election official who knowingly processes the ballot of a noncitizen is opening themselves to legal jeopardy.”

On Thursday, the Associated Press obtained subpoenas issued to election officials in Los Angeles County. The subpoenas request any documents and communications related to letters sent in July and October by federal officials to state election officials outlining the allegations about noncitizen voters. They also seek any information about efforts to prevent noncitizen votes from being counted. At least three L.A. County election officials have been asked to appear before a grand jury the day after the election.

It is unclear whether the Justice Department intends to bring criminal charges against anyone. The department does not typically subpoena people whom it regards as targets of a criminal investigation to appear before a grand jury.

Outside groups win access to the disputed list

In another Friday ruling, another federal judge ordered the Trump administration to share the disputed list of names with lawyers for the Coalition for Humane Immigrant Rights and the UCLA Voting Rights Project. They want to examine who is on the list and assess its impact on eligible voters.

It will be the first time that a nongovernmental organization will have the opportunity to evaluate the merits of the list of some 20,000 names. The federal government promptly appealed the decision on Friday evening.

The Democratic candidate for California governor, Xavier Becerra, is an advisor to the UCLA Voting Rights Project.

The two groups sued the Homeland Security Department in early October to prevent it from using federal immigration data to challenge state voter rolls. The lawsuit cited examples in other states where the federal government’s data have been proven to mistakenly include thousands of citizens. It argued that the data-matching methods risk disenfranchising or deterring citizens from voting. On top of that, plaintiffs argued, the lists could disproportionately target naturalized citizens who are legally entitled to vote.

The Justice Department argues that there is just as much to lose if the ballots aren’t separated.

“Every ballot cast by an ineligible voter cancels out the vote of an American citizen,” Kiersten V. Pels, a spokesperson for the department, wrote in an email. “The Department makes no apology for protecting those votes.”

In a separate but related 9th Circuit Court decision on Friday, a panel of judges ruled that federal investigations into illegal voting by noncitizens will remain on hold in nine states until after election day.

The judges, all nominated by Democratic presidents, found that the aggressive and public investigations led some citizens to decide not to engage in election-related activities out of fear of being wrongly targeted.

The judges said the investigations, which are looking into alleged illegal voting in past elections, can resume after the midterms wrap up Tuesday.

Riddle, Mulvihill and Swenson write for the Associated Press. AP writer Swenson reported from New York; Mulvihill reported from Haddonfield, N.J.

Federal immigration agents violently detained a 20-year-old U.S. citizen and Santa Maria, Calif., High School student with disabilities on Wednesday morning, according to school and city officials.

The student, who has limited verbal communication, was walking to school when agents tackled him, questioned him about his citizenship and restrained him in their vehicle. He was eventually returned to the area where he was picked up and walked to school, where officials called for an ambulance to take him to the hospital, said Santa Maria City Council member Gloria Soto.

The student underwent surgery for injuries to his wrist, she said, and was left with bruises and lacerations.

Soto said a school resource officer obtained security footage from a nearby grocery store and confirmed that the people who had detained the student are agents with U.S. Immigration and Customs Enforcement.

In an emailed statement, an unidentified ICE spokesperson wrote that agents were conducting a targeted enforcement operation in Santa Maria “when they encountered an individual they believed matched the description of the criminal illegal alien target.”

“When the individual resisted officers, refused lawful commands, and assumed a fighting stance with clenched fists, they relied on their training to safely control the situation until they could confirm his identity, whereupon he was released,” the spokesperson wrote.

The spokesperson added that claims that the student suffered broken bones are false because “he never requested medical assistance.”

Soto said it appears the student was racially profiled.

“Our community is living in terror right now and this needs to stop,” she said, referencing a recent uptick in immigration arrests across central California. “I’m a mother, and the thought of my child not being safe walking to school is frightening.”

The Santa Maria Police Department declined to comment and referred questions to ICE.

Alma Hernandez, board president of Santa Maria Joint Union High School District, said she was horrified by ICE’s actions.

“Our district remains committed to protecting our students and families,” she said.

This is a developing story.

A sweeping campaign by federal immigration agents to identify voter fraud by noncitizens through door knocks, street stops and other field interviews in California and eight other states must be reined in ahead of the Nov. 3 election, after a federal judge in Northern California ruled it has intimidated U.S. citizens and interfered with the work of voting rights groups.

Judge Araceli Martínez-Olguin said in a ruling Wednesday that limiting the Department of Homeland Security’s surging operations in those states — which she wrote “sweep in U.S. citizens for investigation” — does not prevent the Trump administration from “exercising their authority to investigate voter fraud by lawful means.”

A Homeland Security spokesperson said the agency is “laser focused on identifying, prosecuting, and removing aliens who vote,” and has “no plans to question or investigate people we believe to be U.S. citizens.”

The ruling was the latest to come out of an unprecedented legal war playing out between the Trump administration and California in recent days, in which an array of election cases are working their way through the federal courts at breakneck speed.

There is, for example, the lawsuit the U.S. Justice Department filed against California and state and local elections officials last week, demanding that they set aside any ballots from a list of 20,000 individuals identified by immigration officials as “likely noncitizens.”

There are also two cases out of Washington, D.C., in which a coalition of Democratic leaders, immigrant rights groups, voting rights experts and naturalized citizens in California are challenging the Trump administration’s use of Homeland Security data to target voters.

The litigation is playing out amid an intense political debate about election security at the national level — driven in part by President Trump, a longtime election denier — and a sweeping campaign by his administration to root out and parade examples of alleged voter fraud in the final days before the election.

White House, Homeland Security and Justice Department officials have all defended the administration’s efforts as necessary to ensure that noncitizens are not illegally diluting the votes of U.S. citizens. First Assistant U.S. Atty. Bill Essayli, the lead federal prosecutor in Los Angeles, has claimed to have “overwhelming evidence” that tens of thousands of noncitizens are doing so in California.

‘That is not normal’

Democratic leaders and prominent elections experts, meanwhile, have cast the administration’s claims as baseless and intentionally exaggerated to stoke uncertainty about election security and ultimately challenge midterm results the president doesn’t like, and the Justice Department’s legal arguments as fundamentally flawed and wildly out of line with long-established department policy to stay out of elections in the lead up to voting.

“That is not normal. We have literally never experienced that in American history. Not once,” said David Becker, executive director of the nonpartisan Center for Election Innovation & Research and a former Justice Department elections attorney. “The fact that the administration appears poised for the first time to act as an adversary to the states and counties who have [the] undisputed constitutional authority to run elections? That is unusual.”

At the same time, Becker and other experts stressed that those efforts to date have failed, and state and local elections have largely proceeded in recent weeks without incident, with millions of Americans having already cast their ballots.

“California voters need to know that they’re in good hands, that we have leaders at the state and local levels who are protecting our ballots and are ensuring that these attempts by the federal government to root out supposed noncitizen voting are not going to prevent Californians from casting our ballots,” said Kim Alexander, president of the California Voter Foundation. “Part of the strategy here is to distract people and scare people and raise fears, and the important thing is to continue to stay focused on … making a plan to vote.”

Status of cases

Federal courts have already rejected multiple Trump executive orders seeking to enforce nationwide voter ID and citizenship requirements. The Supreme Court blocked an administration plan for the U.S. Postal Service to vet mail ballots. The Justice Department has compiled a stunning record of losses in its 30 lawsuits demanding state voter rolls — with 26 of those cases, including the one in California, so far dismissed.

And election experts said they expect the Trump administration to rack up more losses in coming days — including in the Justice Department’s case challenging California officials’ refusal to segregate the ballots of some 20,000 voters based on the administration’s unsubstantiated claims they are noncitizens.

U.S. District Judge David O. Carter, shown in 2023, is overseeing a lawsuit in which the Department of Justice says 20,000 California ballots may have been sent to “likely noncitizens.”

(Genaro Molina/Los Angeles Times)

That case was taken up — and scheduled for a Tuesday hearing — by Judge David O. Carter, an appointee of President Clinton who in January rejected the administration’s demand for California’s voter rolls, calling it a clear federal overreach that would have a “chilling effect” on voters and threaten American democracy.

California has called for the case to be dismissed outright, on the grounds that the administration has zero authority to make such demands, and that the demands are unlawful. The Trump administration has asked Carter to immediately rule in the matter.

“Every minute of [ballot] processing that occurs without segregating the ballots of suspected non-eligible voters causes untraceable disenfranchisement and dilution of the votes of United States citizens,” wrote Julie Hamill, an assistant U.S. attorney in Essayli’s office.

In D.C. federal court, Judge James E. Boasberg set an Oct. 30 hearing in a case in which UCLA Voting Rights Project attorneys, the Coalition for Humane Immigrant Rights, or CHIRLA, and a California voter named Pedro Trujillo are challenging the administration’s use of unproven federal databases to allege California voters aren’t citizens.

Carl Bergquist, an attorney for CHIRLA, said he looked forward to bringing a host of recent Trump administration actions to the court’s attention — including the administration’s lawsuit against California, the charging this week of 28 legal permanent residents in California with election-related crimes, and Trump’s threats to arrest California elections officials who don’t comply with his administration’s demands.

“The events of the last few days, from threats to state and local officials, increased general immigration operations, the random knocking on doors by federal agents and the recent arrests are causing a chill in the community,” Bergquist said. “People, including naturalized citizens, are making their plans to vote and the Federal Government is doing its utmost to quash their attempts to exercise this fundamental right that they have lawfully acquired.”

The argument that naturalized citizens are being intimidated also features prominently in a second lawsuit filed in D.C. federal court Tuesday, in which top Democrats in Congress joined Nevada party officials and a California immigrant named Erick Jose Jimenez to challenge the Trump administration’s unprecedented voter fraud probes.

That lawsuit, also assigned to Boasberg, says Jimenez, a naturalized citizen since 2006, fears being “unlawfully targeted for voting and disenfranchised (or worse).”

Justin Levitt, a Loyola Law School professor who studies elections and was a senior policy advisor on democracy and voting rights in the Biden White House, said there is “so much noise” around the election right now, in part because the administration has been making wild legal arguments about its authority over elections.

But he said “none of the federal government’s attempts to assert power that they do not have are working,” and voting “for 99.999% of the public” will remain “wonderfully normal.”

Top Democrats in Congress have joined a California immigrant and the Nevada State Democratic Party in suing the Trump administration over its unprecedented voter fraud probes in both states and broader efforts to meddle in state-run elections nationwide — alleging they are a “pretext to seize control over elections.”

The lawsuit, filed in federal court in Washington, D.C., late Tuesday, accuses President Trump, Homeland Security Secretary Markwayne Mullin, Atty. Gen. Todd Blanche and the agencies they lead of using “shoddily compiled lists of supposed noncitizens” and “coercive threats of legal retaliation against state officials” to assert federal control over the Nov. 3 midterms.

In addition to Senate Minority Leader Chuck Schumer, House Minority Leader Hakeem Jeffries and several national Democratic groups, the plaintiffs include Erick Jose Jimenez, an “active California voter” and naturalized U.S. citizen since 2006 who now “fears that he will be unlawfully targeted for voting and disenfranchised (or worse)” given the Trump administration’s track record of misidentifying naturalized citizens as noncitizens.

Lauren Bis, a White House spokesperson, said in a statement that while “Democrats and the media continue to dismiss concerns about voter fraud, the Trump Administration is taking decisive lawful action to protect our elections,” including by “prosecuting election crimes, strengthening election infrastructure security, and protecting vulnerable voters from fraud and coercion.”

“Anyone who illegally votes in our elections will be held accountable,” Bis said.

A Justice Department spokesperson said “election integrity is a top priority” and that the department’s actions are “grounded in the law and being litigated in open court.” A Homeland Security spokesperson said it is “laser focused on prosecuting and removing aliens who vote and preventing the dilution of the votes of U.S. citizens.”

Officials from both agencies have asserted that California and other states have ineffective policies for ensuring noncitizens do not vote — relying in part on voters attesting to being citizens — and staunchly defended their own processes for identifying noncitizens on state rolls.

Democrats and leading elections experts say isolated voter fraud does occur and should be taken seriously, but that there is no evidence of widespread fraud.

Tuesday’s lawsuit cites Trump administration claims of thousands of potential noncitizens on Nevada voter rolls crumbling amid state scrutiny. It also cites an administration list of 20,000 “likely noncitizens” allegedly on California rolls being “proven remarkably slapdash” and inaccurate in recent litigation between the administration and California.

The lawsuit alleges a coordinated effort between Trump and other administration officials — in violation of the 10th Amendment and other federal law — to intimidate state and local elections officials nationwide into removing voters from rolls, denying ballots to legally registered voters and segregating the ballots of others “based on spurious and unreliable claims that they are not citizens.”

It says the president is pushing the above efforts not “in a vacuum,” but in the face of repeated steps by Congress and the courts to block his election agenda.

The lawsuit, backed by prominent Democratic elections attorney Marc Elias, follows another filed in the same court last month by attorneys with the UCLA Voting Rights Project, on behalf of the Coalition for Humane Immigrant Rights, or CHIRLA, and a California voter named Pedro Trujillo.

That ongoing lawsuit challenges the Trump administration’s use of unproven federal databases to allege registered California voters are not citizens, which it says risks misidentifying eligible voters and has left naturalized citizens frightened — the same argument made by Jimenez.

Jimenez, who could not be reached for comment, has “eagerly and consistently exercised his right to vote” since becoming a citizen two decades ago, and plans to vote in the Nov. 3 election but fears being misidentified as a noncitizen and targeted, Tuesday’s lawsuit says.

Administration officials have defended the accuracy of their lists, including in the lawsuit the Justice Department filed against California last week. In that case, the Trump administration has asked the court to force California to set aside the ballots of the 20,000 “likely noncitizens” it flagged until their citizenship is confirmed.

First Assistant U.S. Atty. Bill Essayli, the lead federal prosecutor in L.A., has said that list was compiled using public California voter registration records and third-party and law enforcement data, and that federal authorities have “overwhelming evidence” that those voters are ineligible.

On Monday, federal authorities filed fraudulent registration and other election-related charges against 28 lawful permanent residents in California, which Essayli said “prove our list is accurate and that noncitizens are actually voting.”

However, other administration officials have acknowledged the lists may not be entirely accurate. Acting Deputy Atty. Gen. Trent McCotter said Monday that “there may be some names on there who, it turns out, ultimately are citizens.” A Homeland Security official said in a court filing Monday that “discrepancies” have been found in about 189 of the records.

California Secretary of State Shirley Weber and Dean Logan, head of the Los Angeles County Registrar-Recorder/County Clerk’s office — both named defendants in the California case — have accused the Trump administration of illegally interfering in state elections and trying to purge voters in the immediate lead up to an election in violation of federal law using inaccurate data.

Logan’s office said Tuesday that a preliminary analysis of a subset of the administration’s list found many were born in the U.S., weren’t registered or had never voted.

In what may be one of the most comical self-owns in recent politics, the esteemed attorneys of the U.S. Department of Justice announced Monday that despite the extravagant and terrifying misuse of their investigative power under the Trump administration, they have so far been able to identify only 28 people in all of California who may have voted illegally.

“The announcement today by the United States DOJ makes the point that there is no widespread voter fraud,” California Atty. Gen. Rob Bonta said after the news conference announcing the results of “Operation Protect the Vote.”

Twenty-eight people out of about 23 million registered voters in the state — and not all of them even tried to vote, according to the feds. That’s about 1 in 820,000 folks allegedly registering or voting illegally, a rate that roughly matches how often people in the United States get struck by lightning in a given year.

So much for Trump’s endless claims that there is a vast, organized conspiracy between Democrats and undocumented people to have them vote in large numbers to steal elections. I’ll point out here that none of those charged Monday have been accused of colluding with one another or with Democratic overlords.

All the power of the government — investigative, technological, legal — has been thrown at finding these mysterious, diabolically clever ballot baddies. And now, thanks to Bill Essayli, first assistant U.S. attorney for the Central District of California, and his colleagues across this great state, we now know that all 28 of them will be held accountable, if the government can prove wrongdoing. And let’s be clear — people who vote illegally should be held accountable.

But wait, there’s more, because this election-stealing plot by immigrants certainly doesn’t stop at the state line. Seamus Hughes of Court Watch, an excellent site that tracks federal litigation, reported Monday that since the start of this administration, 169 people have been charged federally with illegally registering or voting.

That number includes the new California cases, so it means an additional 141 potentially illegal voters have been charged across the U.S. — all told about 1 in 1.25 million registered voters being accused of illegally registering or voting, making this crime slightly less likely than guessing a six-digit pin code on the first try.

There. Is. No. Election. Stealing.

But that’s where the funny part ends, because this attack on California elections is serious and just getting started.

The federal government, you’ve probably read, is suing California, claiming it gave the state a janky thumb drive with 20,000 names of registered voters that it sort of strongly suspects maybe aren’t legal voters. Important note here: The government has been very careful not to claim that these people voted illegally, just that it might be so based on questionable data, which I’ll get to in a minute.

The feds gave the state a silly 48-hour deadline to agree to change constitutional law, dump common sense and sequester these 20,000 ballots, if they were even returned, to double-check they were cast by valid voters.

When California rightfully refused — because elections are run by states, not the federal government — the federal government sued on the thinnest of legal grounds. It basically claimed that voting illegally is illegal, and if California doesn’t do exactly what Trump wants, it could be violating the Supremacy Clause of the Constitution by impeding the feds from enforcing the crime of voter fraud.

First Assistant U.S. Atty. Bill Essayli speaks at a news conference Monday at which officials announced that 28 people in California had been charged with voter fraud.

(David Butow / For The Times)

Which is basically arguing that if the state government fails to stop voter fraud using the flawed methods Trump likes, then the state is somehow stopping federal authorities from prosecuting voter fraud themselves. But didn’t they just enforce it with 28 cases?

Get ready, because “state-facilitated voter fraud,” is a new right-wing thing.

California is “being complicit in non-citizens voting in our elections, and as they were warned last week, not only is it a civil violation, but they could also face criminal consequences,” Essayli said, which if it happened would give Trumped-up charges a whole new meaning.

Essayli said state officials are not being “good faith actors,” but I’ll argue that shoe is on the other foot. The list of 20,000 alleged, suspected, maybe-maybe-not illegal voters was likely drawn from the Systematic Alien Verification for Entitlements (SAVE) program, created by Elon Musk’s Department of Government Efficiency, if you can remember that unfortunate relic.

It sought to draw data from more than a dozen government databases that were not only not compatible with such information sharing, but which had been kept separate until now for privacy reasons. Americans in general did not want the government collecting unified, know-all records of every citizen.

Luckily for us, I guess, the SAVE system can’t actually create reliable, unified records. It confuses people, convolutes them, merges records of people with similar names, and in general has been deemed unreliable by data experts.

In September, the good folks at the UCLA Voting Rights Project joined with the Coalition for Humane Immigrant Rights to sue the federal government over its use of that system to target naturalized citizens for removal from voter rolls. Turns out, the government appears to be targeting immigrants who are now citizens with these voter fraud accusations.

As I wrote about a few weeks ago, naturalized citizens make up about 1 in 10 eligible voters, and nearly a quarter of them live in California. But they also live in swing states such as Michigan, where Democrat Abdul El-Sayed may draw such voters, and in other places such as Georgia and Nevada where races might be decided by only a few votes.

These arrests and lawsuits while voting is already underway in the midterms are a not-subtle form of voter suppression. Imagine being a naturalized citizen in the Central Valley, where ICE is driving rampant fear and where Republican Rep. David Valadao is running against Democrat Randy Villegas in California’s 22nd Congressional District — one of the nation’s most closely contested races.

Would you consider sitting this election out just in case your ballot draws the frightening eye of the federal government? Even knowing that your vote is legal, what if you lived in a mixed-status household? Would it be worth risking voting if it meant a knock at the door from immigration checking on your status, and maybe finding that family member who lacks it?

Why take the risk?

“Basically, what they’re doing now is just completely harassing and intimidating naturalized citizens who are legally eligible to vote through these actions,” said Matt Barreto, co-founder of the Voting Rights Project.

And if the vote isn’t suppressed enough to give Trump the results he wants, these prosecutions and lawsuits feed the beast of conspiracy, giving Trump fodder to claim the results are fake, the election stolen.

And round and round we go, reckoning with Trump’s claims that lightning is striking everyone, everywhere, all at once, because the vote didn’t go his way.