citizen

Trump’s attack on California voting is false, and a bit funny

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.

Bill Essayli

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.

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U.S. citizen injured in Illinois after ICE agents mistook him for fugitive, tried to arrest him

Cybele Mayes-OstermanAssociated Press/Report for America 

A U.S. citizen was left bloodied and injured on the side of the road in a Chicago suburb after a confrontation with immigration enforcement agents who mistook him for a fugitive, according to local police and a resident who tried to help the man.

The man, whose identity was not disclosed, was taken away in an ambulance after the encounter on Sunday in Evanston, a city around 12 miles north of downtown Chicago. He told police his head, neck and teeth were injured, according to a news release from the Evanston Police Department.

A federal agent told officers who responded to calls reporting an altercation at just before 10 a.m. that morning that five agents in separate vehicles were looking for a fugitive with a Chicago address and a warrant for his arrest, according to the release. The agents mistook the man for the fugitive, the agent told police.

When the man refused to give his identification, the agents tried to handcuff him, the agent said. After realizing he was a U.S. citizen and not the person they were seeking, they released him.

One police officer saw blood on the agent’s hands, according to the release. The agent told police he was injured while trying to handcuff the man, and that they left the area immediately after because they feared protesters who had gathered would attack them, it noted.

Police have visited the man at the hospital and photographed his injuries, and are investigating the encounter.

Local authorities investigating

Evanston Mayor Daniel Biss said in a post on X that the man was treated at St. Francis Hospital for minor injuries. The police department “continues to investigate the situation, and we will remain vigilant about federal activities,” he wrote.

U.S. Immigration and Customs Enforcement officers had “encountered an individual who resembled the target” of a “targeted enforcement operation,” the Department of Homeland Security said in a statement. “The individual was given lawful commands but was not cooperative and refused to identify himself.”

The officers “left the scene without further incident” after the man identified himself, according to the statement. “When ICE officers offered the individual assistance, he refused.”

Illinois authorities condemn bloody encounter

The incident drew condemnation from Illinois officials as backlash grows against ICE’s presence in communities around the country. ICE announced a record number of arrests last month, with nearly 51,000 people arrested.

“I am disgusted and outraged by reports of what happened in my hometown of Evanston on Sunday,” Illinois Rep. Jan Schakowsky said in a statement.

Eyewitnesses tell AP what they saw

Ryan Garton, 56, told the Associated Press that he saw the agents pinning down the man, who was Black, on the side of the road as he was driving home. He pulled over to document what was happening on video.

One agent had his knee on the man’s back and was “beating up on him,” Garton told the AP. “I’m a citizen, leave me alone,” Garton said the man screamed as the agent pinned him down. Around five people stood nearby and yelled at the agent to stop.

Garton said he urged the agent to get off the man so he could inspect his injuries, and that the agent acknowledged that he was already aware the man was a U.S. citizen. When the agent stepped away, Garton saw bloodstains in the shape of handprints on the man’s shirt.

“His upper right eye socket and temple were swollen as if he had been punched” and his face was scraped “as if it had been ground into the sidewalk,” he said.

The man told Garton that he had been walking to the pharmacy to pick up a prescription when the agents stopped him.

Michael Lipson, the owner of a store across the street from where the incident occurred, said he saw the agents wrestle the man to the ground as he repeatedly yelled that he is a U.S. citizen. The man’s face looked “badly messed up,” Lipson told the AP.

Lipson said the agents checked cards and papers from the man’s wallet before leaving them scattered on the road. Lipson laid out his sweatshirt for the man to rest on while Garton inspected his injuries.

The same day, ICE agents shot and wounded a man in Austin, Texas, the latest in a string of shootings by federal immigration agents that have prompted growing backlash against the Trump administration’s aggressive immigration tactics.

At least 10 people have died in encounters with immigration agents in President Trump’s second term, including a Colombian man shot dead in Maine in July by an agent with a history of violent behavior, and a Mexican man hit by a tractor trailer as he fled agents in Florida the same month. ICE agents fatally shot Renee Good and Alex Pretti, both U.S. citizens, during the Trump administration’s siege of Minneapolis, named “Operation Metro Surge,” earlier this year.

Mayes-Osterman writes for the Associated Press.

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Justices uphold Trump’s expanded data checks to spot noncitizens who registered to vote

The Supreme Court on Friday upheld President Trump’s expanded use of government data to spot non-citizens who are registered to vote.

The justices granted an emergency appeal from Trump’s lawyers and set aside a judge’s order that blocked use of this data on the grounds it was error-prone, particularly for naturalized citizens.

Justices Ketanji Brown Jackson, Sonia Sotomayor and Elena Kagan dissented.

The decision will aid states that seek to scrub their voter rolls and remove those who are not citizens.

Several Republican-led states including Texas and Florida supported the administration’s appeal.

The use of the new database “allowed Texas to more efficiently, promptly, and economically ensure the accuracy of its voter rolls,” the state said. It was “able to run its entire list of 18 million voters” through the expanded system of checks “in bulk and for no cost.”

It’s not clear the decision will have much impact in California and other Democratic-led states. It is likely to have a limited impact in the month ahead because the law forbids states from purging their voter rolls in the 90 days prior to an election.

The court, in an unsigned opinion, said the law supported use of the data.

“The federal Government has an obligation to respond to requests from state and local election officials seeking to verify the citizenship of voters,” the court said. “The order below prevents the federal government from using the program it believes is best suited to the task.”

The administration said the Department of Homeland Security can respond to more than 1 million requests per day to check if a person appears to be a citizen or not based on Social Security records and other data files.

If not, state or county election officials may require these suspect voters to furnish proof of their citizenship.

However, states and local election boards are not required to conduct these searches. The administration also said its data reports are not final proof of citizenship.

Upholding these data searches “would not require states, candidates, parties, or voters to do anything,” Solicitor Gen. D. John Sauer told the court. “It would simply make available to states additional information. … States that wish to use that information in the course of ensuring that only eligible citizens cast ballots this November should be free to do so.”

In dissent, Jackson said the court’s order creates the “risk that states might cancel the voter registrations of at least some recently naturalized citizens or force such persons to provide proof of citizenship before voting.”

The new system of voter checks is based on the 40-year-old Systematic Alien Verification for Entitlements, or SAVE, that was created by Congress. Then, the goal was to check if applicants were entitled to receive federal benefits.

Last year, Trump issued an executive order directing Homeland Security to expand the reach of SAVE to provide states “access to appropriate systems for verifying the citizenship or immigration status of individuals registering to vote or who are already registered to vote.”

It is a federal crime for non-citizens to register and vote.

Trump has long maintained that non-citizens are voting, but he has had little evidence to support that claim.

Voting rights advocates sued, contending the new “mass verification” system was not authorized by Congress and relied on data that is protected as private under the law.

In June, U.S. District Judge Sparkle Sooknanan, a Biden appointee, agreed and blocked use of the expanded searches. The administration has “trampled on the privacy rights of American citizens in a manner that threatens the sacred right to vote,” she said.

On Sept. 4, the U.S. court of appeals by a 2-1 vote refused to overturn her ruling, prompting the administration’s fast-track appeal.

The voting rights advocates, led by the League of Women Voters, had urged the court to stand aside.

“The government has recklessly created an error-laden master citizenship database that endangers millions of Americans’ privacy and voting rights,” they said.

The data searches are flawed, they argued, because they “only reflect a person’s citizenship status when they applied for a Social Security number. That status does not automatically update if the person later naturalizes.”

Texas admitted that the mass checks yield “some inaccurate information.” It said 2,724 people were cited as “potential non-citizens” among its 18 million registered voters.

In response, county officials had to check further to confirm the citizenship of these voters, the state said.

Last week, the Supreme Court dealt Trump a defeat when it blocked use of his proposed postal rules that could have prevented millions of voters from casting ballots by mail.

In a brief order, the court said Trump’s claims of power over states and their voting were “unlikely to succeed.”

But in the case of the expanded data files, the court said the law appears to favor the administration.

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US citizen injured after wrongly arrested by ICE in Illinois | News

Bystander video of ICE agents forcibly arresting a US citizen in the Chicago suburb of Evanston, Illinois, has gone viral after federal officers mistook the man for a suspect they were seeking. The man was hospitalised with head and neck injuries. Police are investigating.

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