noncitizen

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.

Federal authorities this week teased a “separate batch” of 17,000 potential noncitizen voters in their federal court challenge to California’s handling of alleged voter fraud.

In response, Los Angeles County officials questioned the accuracy of the government’s earlier list of 20,000 alleged noncitizen voters — saying a preliminary review of a subset of those voters found evidence that nearly 40% were born in the U.S.

The claims came in filings shedding new light on the unprecedented Homeland Security inquiry into California’s voter rolls just weeks before the Nov. 3 election.

On Monday, Nicolas Bartell, a Homeland Security official, wrote in a sworn affidavit that — in addition to developing the disputed list of 20,000 “likely noncitizen” voters at the heart of the litigation — his agency has also developed a “separate batch of more than 17,000 voting records potentially tied to noncitizens.”

“Our review is ongoing as USCIS receives records on a rolling basis before the election date,” wrote Bartell, the associate director of the Fraud Detection and National Security Directorate at U.S. Citizenship and Immigration Services.

On Tuesday, Monica Flores, a top official in the L.A. County Registrar-Recorder/County Clerk’s office, wrote in an affidavit that staff members had reviewed a sample of 200 registrations from the list of 20,000 voters whom the Justice Department alleged last week were “likely noncitizens.” The office found that more than half — 112 — had been canceled or were inactive, meaning no ballot was sent to those voters.

In instances where those voters’ birthplace was “meaningfully reported, 38.9% indicate that they were born in the United States, which is strong evidence of citizenship,” Flores wrote, while 71.2% showed no record of ever voting.

Flores wrote that similarly vetting the citizenship of thousands of additional voters before the election would not only be “administratively impossible and take key personnel away from their critical election duties,” but would also “risk disenfranchising voters who are validly registered.”

Also Tuesday, Rachel Evans, an attorney in the California secretary of state’s office, wrote in an affidavit that the office since August has received and been complying with grand jury subpoenas for the detailed voter records of about 300 people.

Evans’ acknowledgment came a day after federal prosecutors charged 28 people across California with federal election-related crimes, including fraudulent voter registration and making false statements in a naturalization application, and suggests federal prosecutors are pursuing criminal cases against hundreds more.

Taken together, the filings indicate that the legal battle between the Trump administration and California over alleged fraudulent voting is only just gearing up — with no end in sight before Nov. 3 — as is the political sparring over the issue.

First Assistant U.S. Atty. Bill Essayli, the lead federal prosecutor in Los Angeles, posted to X on Tuesday that Flores’ acknowledgment that her office could not possibly vet voters’ citizenship before the election was a “massive concession,” proving the federal government’s case.

Gov. Gavin Newsom’s office said that “any credible allegation of voter fraud should be taken seriously and investigated,” but that federal officials charging just 28 people in a state with 23 million voters showed they have no evidence of widespread fraud.

“Yes, non-citizen voter registration and voting does happen in isolated instances — in California and the rest of the country alike — but it is so rare that the Trump admin is parading around town about .0001% of California voters,” Newsom’s office wrote on X.

The broader case

On Monday, Justice Department lawyers filed a request for an emergency restraining order requiring state election officials to segregate any ballots from the 20,000 voters flagged on the initial Homeland Security list until their citizenship is proved. They argued the state is violating the law — and harming the federal government — by refusing to do so.

State attorneys argued Tuesday that the federal government has no authority over California elections and seeks to violate federal law precluding voter roll purges in the 90 days before an election.

State officials wrote that the Justice Department appeared to have “individualized evidence” of noncitizenship for the 28 people it had charged, and that nothing was preventing it from working through existing “statutory channels” to block those individuals’ ballots. But they argued that it does not have evidence to back its claims against all 20,000 voters whose ballots it is seeking to sequester.

Those contentions — and Bartell’s claim of a second list of 17,000 potential noncitizen voters — only add to an already heated debate about the scope of the inquiry and its legitimacy.

In July, Homeland Security Secretary Markwayne Mullin alleged in a letter to California Secretary of State Shirley Weber that there “may be as many as 190,832 noncitizens registered to vote in California,” and demanded that the state work with federal authorities to investigate. The state asked that Homeland Security first provide more information, including about its methodology for identifying that figure.

Last week, acting Deputy Atty. Gen. Trent McCotter wrote follow-up letters to Weber and Dean Logan, head of the L.A. County registrar’s office, asserting that 20,000 “likely noncitizens” were on state rolls, and again demanding state cooperation within 48 hours to remove them. Weber balked, arguing that federal law precludes systematic roll purges within 90 days of an election to protect eligible voters.

Weber and other state officials also questioned the drop from 190,000 to 20,000, and the reliability of the federal government’s underlying data and methodology. “What happened to the 170,000? You just got those wrong?” California Atty. Gen. Rob Bonta asked.

On Monday, McCotter said the 190,000 figure was “the ceiling,” inclusive of cases that federal authorities had high, medium and low confidence in, while the 20,000 figure was “the floor,” inclusive of only high confidence cases.

Potential flaws in the list have been a major point of contention among California officials, who have pointed to substantial inaccuracies in lists elsewhere, including in Nevada, where a state review found that the 185 voters whose citizenship was questioned by the Trump administration were all citizens.

Now, it appears the federal government’s disputed list of 20,000 voters won’t be the last in California.

How voters were identified

In court filings, federal officials described purchasing California voter registration information before USCIS and Homeland Security Investigations agents worked to identify any voters who are not citizens. They said that they did so in part by comparing the state data with “third party commercial data” sets and law enforcement data sets, and that they further vetted their list by culling dead people.

Essayli pointed to those descriptions to dispel arguments that federal authorities have not provided their methodology for identifying potential noncitizens on voter rolls. He said that the federal process was robust and trustworthy and that federal authorities had compiled “overwhelming evidence of tens of thousands of ineligible voters on the state’s rolls.”

Independent election experts saw it differently.

“They admitted to using some of the same tools amateur election conspiracy theorists use, like unidentified third party software, commercial lists, and public versions of [the state’s] voter roll,” Gowri Ramachandran, an election administration expert at the Brennan Center for Justice at NYU School of Law. “These amateur data matching efforts don’t get any better merely because the Department of Justice relies on them.”

“If DOJ could prove many more cases, we would have heard about it,” Rick Hasen, director of the Safeguarding Democracy Project at UCLA School of Law, wrote in a blog post. “They’ve been on an aggressive hunt nationally for such fraud. It’s not surprising they’ve found little because it is a small problem.”

At the federal courthouse in downtown Los Angeles late Monday, several green card holders arrested in a crackdown on alleged California voter fraud expressed confusion over the charges — with some saying they had no recollection of registering to vote, as Trump administration officials accuse them of doing.

Among them was Ana Domínguez, 60, a native of El Salvador living in Long Beach as a lawful permanent resident. Federal authorities accused her Monday of fraudulently registering to vote in July 2006 and then lying about it in her naturalization paperwork in March 2026.

Domínguez said she did not have any memory of registering to vote.

Another man accused of the same crimes as Domínguez said the same: He wasn’t aware of ever registering to vote, as federal prosecutors claimed he had.

Both were among the 28 people charged with federal election-related crimes Monday, including fraudulent voter registration and making false statements in a naturalization application. Federal prosecutors and high-ranking Justice Department officials had touted the arrests during a news conference hours before as proof that California elections are corrupted by noncitizen voters — as President Trump has long alleged.

State officials said the isolated instances of noncitizens voting, if accurate, are not evidence of widespread voter fraud. They also raised questions as to whether the charges could be trusted to be accurate — citing similar accusations being disproved elsewhere in the country.

Election experts have said many instances of noncitizens registering to vote are a result of administrative error or confusion on the part of the immigrant — not intentional criminality.

“We know from past experience that sometimes people register to vote accidentally, as when there is a mistake at the DMV,” Rick Hasen, director of the Safeguarding Democracy Project at UCLA School of Law, wrote Monday in a blog post. “There is only a crime if the government can prove willful violations of federal law.”

Four of the defendants charged Monday had initial court appearances later that afternoon. Beforehand, more than a dozen of their loved ones milled around the federal courthouse in downtown L.A., antsy and clearly worried.

One woman, her baby and young daughter in tow, struggled to find the right courtroom. Another woman — Domínguez’s daughter — cried in the hallway as she waited for her mother’s case to get called up. When Domínguez moved to stand before the judge, she blew a kiss to her husband and daughter in the second row. She wore a black back brace and her legs were cuffed.

A third defendant — Omar Muñoz, 72, a lawful permanent resident from Belize whose arrest at his home in Commerce was captured by photographers in images transmitted around the world — shuffled into a court room shackled at the waist, his feet cuffed, still wearing the red and black pajama pants he’d been arrested in.

Homeland Security Investigations task force officers escort a suspect accused of illegally registering to vote to a processing facility at Federal Building in Los Angeles on Monday.

(Jae C. Hong/AP Photo)

Muñoz was charged with fraudulently registering to vote in September 2019, and then voting in 2020, twice in 2022 and again in 2024. He is also accused of lying on his application to become a naturalized U.S. citizen, when he claimed to have never falsely claimed to be a U.S. citizen in the past.

In the court room, Muñoz held a hand over his heart as he waved to his family in the first row of the gallery.

Hasen, the UCLA expert, wrote that the government’s blasting out images of Muñoz being arrested was clearly “meant to convey that the problem of noncitizen voting in California is both pervasive and serious, crimes that are undetected by willfully ignorant California election officials.”

But the reality, he wrote, “is likely far different,” with voter fraud limited to isolated cases, some with less nefarious intent.

First Assistant U.S. Atty. Bill Essayli, the top federal prosecutor in Los Angeles, said Monday that the cases represent strong federal work to ensure that noncitizens aren’t negating the votes of eligible U.S. voters — a problem he said California officials have refused to recognize despite federal authorities providing the proof.

Essayli dismissed the idea that those charged may have been unaware of what they were doing. “You have to go out of your way to register to vote, it’s not something that just happens to you,” Essayli said.

José Antonio Bañuelos-Díaz, 42, a Mexican national and West Adams resident, appeared in court wearing a reflective vest with the name of a landscaping company, blue jeans and boots with the American flag on them. He’d been on his way to work when he was arrested.

During the hearings, the defendants only spoke to acknowledge that they reviewed and understood the charges against them. In every case, the federal prosecutor said the government was not seeking detention.

The magistrate judge ordered the four released on personal recognizance and said they were not required to be under supervision. They are all set to appear in court for a preliminary hearing on November 9. Their deputy federal public defenders did not respond to a request for comment.

Lliani Orantes, Muñoz’s daughter and a nurse who was born in the U.S., said her father had been hauled out of the family home by federal authorities after they swarmed and cordoned off the block. She said the family was rushing to figure out what happened, including whether Muñoz could have been confused with younger relatives of the same name, including a U.S.-born son who is a registered voter.

Orantes also expressed frustration with the handling of her father’s arrest — to which federal authorities had clearly alerted some media, who were brought along for the raid.

She said her father is recovering from cervical surgery, rotator cuff repair on a shoulder and a double knee replacement, and that he was pulled out of the family’s home “like he was a dog” as part of what she described as a “political ploy, an example used for the operation” — which federal authorities dubbed “Operation Protect the Vote.”

“They’re trying to instill fear in society,” she said.

“We have so much more in the world to be dealing with, do we really need to focus on these little things that could be taken care of in a different fashion? In a different way? Like, hey, somebody from immigration visit the home,” she said.

Acting United States Deputy Atty. Gen. Trent McCotter speaks at a news conference Monday to announce charges against 28 people in California accused of illegally registering to vote as noncitizens.

(David Butow/For The Times)

California Atty. Gen. Rob Bonta — who is defending the state and top election officials for the state and Los Angeles County against a lawsuit from the Justice Department alleging they are not treating alleged voter fraud by noncitizens seriously enough — said Monday that voting illegally is wrong and “one off, isolated incidents” of it should be prosecuted.

But Bonta denied that there is widespread voter fraud in the state, called 28 cases brought out of the 23 million registered voters in California a “drop in the bucket,” and said he’d be watching how those cases play out in court.

“We’ll see what the facts show, and whether they’ll have to drop charges or whether they’ll be able to prosecute,” he said.

About 3 p.m. Monday, the four defendants at the downtown courthouse were released and exited the court room, some to family members waiting in the hallway to hug them.

Domínguez wiped away tears as she recounted her arrest, showing bruises on her wrists from the handcuffs.

“They were accusing me of voter fraud since 2006,” she said. Domínguez said the accusations don’t even make sense considering she has never voted.

“If I would have committed all those frauds about voting registration and whatever they’re saying, since 2006, wouldn’t you imagine that I would have been voting all these other years?” she asked.

In a visual presentation at their news conference, federal authorities alleged that 21 of the 28 people charged had actually voted. Domínguez was not one of them.

Domínguez said she’s been a lawful permanent resident since the late 1980s, and that she applied for U.S. citizenship earlier this year. As part of the application process, she said she told an immigration agent that the only people registered to vote in her household were her husband, who previously became a U.S. citizen, and her daughter, who was born in the country.

Since then, Domínguez said she has just been waiting on the citizenship ceremony, “but it never came through.”

Instead, she was arrested Monday when she was about to leave for work as an administrative assistant.

“I never, ever in my entire life … thought this would ever happen to me,” she said.

Acting U.S. Deputy Atty. Gen. Trent McCotter stands next to a display showing photos of people charged with illegally registering to vote during a news conference on Monday.

(Jae C. Hong/AP Photo/Jae C. Hong)

Muñoz and his family gathered outside the courthouse. Muñoz, who declined to comment on the charges against him, said he’d been up to have coffee early that morning when he heard the commotion outside. Agents said if he didn’t open the door, they’d break it down.

He described seeing helicopters, at least eight cars and several agents from different agencies descending on his home, and recalled thinking, “What movie am I in?”

“That’s a lot of money. Taxpayers paying for that,” he said. “They could have sent me a letter saying report to the court.”

Muñoz — who said he came to the U.S. legally in 1975 and has “paid all my taxes” since — said he explained to the arresting agents that he’d had six surgeries recently and they “didn’t care.” He said he didn’t learn about the charges against him until four hours later.

Muñoz’s son, Omar Muñoz Jr., questioned why federal agents didn’t take his father’s age and ailments into consideration.

“We understand that there’s a procedure that has to be addressed at court. But 5 in the morning, handcuffed? It’s just the way everything was done, and what my mom had to go through. It’s not just an impact on my father’s health, but also on my mom,” he said. “There is a law, we understand that. But innocent until proven guilty.”

Muñoz’s wife, Esmeralda, echoed her son’s questions about why so many agents were deployed to their home.

“Seriously? All these people just to come for an elderly person,” she said she told a federal agent. “It’s unbelievable.”

Federal authorities have charged 28 people from across California with illegally registering to vote or casting ballots in federal elections despite not being U.S. citizens — again escalating an election battle between the state and the Trump administration just weeks before the Nov. 3 midterms.

Authorities said 11 of the 28 were arrested as of Monday morning and that the 17 others “will be in custody in the near future.” Some of the 28, all of whom are lawful permanent residents of the U.S., are charged with lying about registering or voting on their naturalization paperwork, officials said; 21 of them are suspected of casting votes, some in multiple elections. None are undocumented immigrants, a favorite target of President Trump and a group he has accused of infiltrating U.S. elections in the past.

Those charged represent a tiny fraction of the 20,000 “likely noncitizens” that the Justice Department alleged are on California rolls just last week, and an even tinier fraction of the more than 190,000 noncitizens the Trump administration alleged were on state rolls as recently as July.

State officials have previously warned, along with independent elections experts, that the Trump administration has badly overstated voter fraud claims in other states. In Nevada, for example, officials recently found that all 185 people the Justice Department flagged as potential noncitizens were in fact citizens. The administration has repeatedly revised downward its estimate for how many “likely noncitizens” are on California’s rolls.

Acting Deputy Atty. Gen. Trent McCotter cast the arrests during a Monday news conference as proof that California voter rolls are corrupted and need to be purged to prevent noncitizens from negating the legitimate votes of U.S. citizens, and that California officials who have rebuffed recent Trump administration efforts to purge the state’s rolls are willfully obstructing justice.

“This Department of Justice will not look the other way while non-citizens vote in federal elections,” McCotter said. “Unfortunately, the same can’t be said for California and L.A. County.”

State and local officials — some of whom are being sued by the Justice Department over their handling of the broader claims — said voter fraud should be taken seriously, but that isolated cases are not evidence of widespread problems and that any voting allegations from the Trump administration must be viewed with skepticism.

Los Angeles County Supervisor Janice Hahn referred to Monday’s arrests as “voter intimidation and a blatant attempt to undermine trust in our midterm elections.”

“These arrests are being used to paint a picture of widespread voter fraud when we know that is not the case,” Hahn said. “California has laws in place to protect the integrity of our elections, and L.A. County is fully abiding by them.”

California Atty. Gen. Rob Bonta’s office said the 28 individuals charged Monday “represent a tiny fraction” of California’s 23 million registered voters, and that the Trump administration has not shown “evidence of widespread voter fraud, even if the allegations are true.”

Shifting claims

For months, federal prosecutors have been issuing grand jury subpoenas for voter records in California — suggesting a sweeping criminal investigation was underway.

In July, Homeland Security Secretary Markwayne Mullin asserted in a letter to California Secretary of State Shirley Weber that California may have more than 190,000 noncitizen voters on its rolls. Last week, McCotter wrote letters to Weber and Dean Logan, head of the L.A. County Registrar-Recorder/County Clerk’s office, giving them 48 hours to set aside the ballots of about 20,000 voters the Justice Department said were “likely noncitizens.”

When Weber and Logan balked at the demand — arguing the Justice Department had provided no proof the voters were ineligible, had presented similar and inaccurate claims in other states and had made the request too close to the upcoming election — the Justice Department sued Thursday, asking a court to immediately intervene and force the state and L.A. County to comply with McCotter’s demands.

In a filing in that case Monday, federal authorities cited the latest charges as more reason for the court to intervene, and before the election, to segregate out the flagged ballots until those voters’ citizenship can be verified — again raising uncertainty as to their citizenship status despite alleging during their news conference Monday that all were permanent residents.

“This Court should order California to set aside vote-by-mail ballots from likely noncitizens in the federal election — including any ballots cast by the individuals charged with [federal election] crimes this morning — until the voter’s citizenship status can be determined,” federal attorneys wrote.

The Trump administration’s apparent uncertainty about the citizenship of the voters it has flagged — and even those it’s charged — has been a focus of state and local officials. Bonta and others have questioned the drop from 190,000 to 20,000 and repeatedly pointed to what occurred in Nevada, where federal officials initially flagged more than 15,000 potential noncitizen voters. Independent election experts have also highlighted those discrepancies.

Rick Hasen, director of the Safeguarding Democracy Project at UCLA School of Law, wrote online Monday that the data the federal government relies on to find purported noncitizens are “unreliable.” He wrote that the Justice Department’s demands on California risk “disenfranchising thousands of voters, and from DOJ’s track record, the lion’s share will be eligible voters.”

David Becker, executive director of the nonpartisan Center for Election Innovation & Research, said the 28 alleged noncitizens charged represent “.0001% of California voters,” and that the Trump administration charging 28 people days after flagging 20,000 “raises serious questions as to whether DOJ has any evidence at all supporting their claims on the other 19,972 on their list.”

McCotter said the original 190,000 figure was “the ceiling,” while “20,000 is the floor” — with the larger figure representing individuals the administration had low, medium or high levels of confidence were noncitizens, and the smaller figure representing only those it has high confidence are noncitizens.

“So there’s not inconsistency between those numbers. They’re just looking at different levels of confidence,” he said.

McCotter also said the notion that a federal list of more than 15,000 alleged noncitizens in Nevada had resulted in zero noncitizens being found was a “false storyline,” in part because the larger group was never vetted by the state. However, he also acknowledged that the 185 that were vetted — and found to be citizens — were those the federal government had held “high confidence” in being noncitizens.

How the Justice Department further zeroed in on the 28 charged individuals also was not entirely clear.

U.S. Atty. Craig Missakian, the top federal prosecutor in Northern California, said prosecutors compared information from Homeland Security with voter information they subpoenaed from Weber’s office and various county election offices. Some of the criminal complaints said Homeland Security Investigations received investigative referrals from its Identity and Benefit Fraud Unit, which provided “relevant information regarding alleged voter fraud or related identity-based fraud indicators.”

Kevin Murphy, special agent in charge of Homeland Security Investigations in San Diego, said the underlying investigations were not “based on assumptions or a single piece of information,” but required “thorough investigative work, coordination, and a commitment to ensuring that enforcement action is supported by the facts.”

Those charged include 13 people from the Central District of California, who live in Los Angeles, Long Beach, Rancho Palos Verdes, Anaheim, West Covina and other cities. They hail from a mix of nations, including Belize, Canada, El Salvador, Guatemala, Honduras, India and Mexico. Five others were charged in the Northern District of California, with one from San Francisco and others from the wider Bay Area; four in the Southern District and six in the Eastern District.

First Assistant U.S. Atty. Bill Essayli, the top federal prosecutor in L.A., dismissed the idea that such fraud is rare or that Trump officials are overstating the threat. “This is not a conspiracy theory,” Essayli said. “This is not made-up stuff.”

Essayli specifically highlighted the case of a 72-year-old Omar Munoz from Belize, who was arrested in a pre-dawn raid Monday at his home in Commerce. Federal authorities allege that he fraudulently registered to vote in 2019, voted in 2020, twice in 2022 and again in 2024. He is also accused of lying on his naturalization application.

In federal court downtown late Monday, Munoz’s daughter Lliani Orantes, a nurse born in the U.S., said the family was trying to figure out what happened, after federal officials swarmed their block and took her father, who is recovering from a recent surgery.

She said her brother, a registered voter, shares her father’s name, as does a nephew, and the family is wondering if it is all a mix-up. “Did the names get misconstrued,” she wondered.

McCotter said in the last seven weeks, the Trump administration has charged 113 people across 20 states with voting-related crimes. More than 154 million people voted nationally in the 2024 presidential election.

What’s ahead

Federal officials said their work — dubbed “Operation Protect the Vote” — would continue through the election and beyond.

Essayli said California’s own process for verifying voters’ citizenship, including requiring that they attest to being a citizen when they register, is insufficient. He said California election officials have “no idea who is a citizen,” but also know “they have noncitizens who are getting ballots as we speak” and several years ago admitted in an audit that noncitizens were being registered at the DMV.

“When we submit a list of 20,000 noncitizens to California that we are pretty sure are not citizens, it is outrageous that the response from the state is, ‘We don’t believe you and we’re not even going to look at it,’” he said. “That is not good faith actors. They are being complicit.”

McCotter said there “may be some names” on the list of 20,000 flagged voters “who, it turns out, ultimately are citizens.” He said federal authorities are “not perfect,” which is why they’ve asked California officials to work with them. “We could knock through most of these names pretty quickly, probably in a day or two, if California would work with us.”

He said the timeline — amid an ongoing election — was due to state officials refusing to cooperate sooner. “It’s an emergency of their own creation.”

First came the letter from acting Deputy Atty. Gen. Trent McCotter — just three weeks before the Nov. 3 election — demanding that Los Angeles County’s top elections official launch a sweeping investigation into thousands of voters the Trump administration alleges are “likely noncitizens” and withhold their ballots in the meantime.

The letter arrived with a thumb drive purporting to contain the list of voters in question, and a handwritten note providing the password. Dean Logan, head of the L.A. County Registrar-Recorder/County Clerk’s office, said accessing the device broke security protocols, and he wouldn’t open it.

Then came an Excel spreadsheet, listing some 20,000 voters by name, date of birth and address. It appeared to contain voters from across the state of California, not just L.A. County, and provided no information on the Trump administration’s methodology for questioning those voters. Logan’s office again pushed back.

“We cannot withhold or refuse to count ballots based solely on unverified allegations, nor can we disregard the legal requirements governing our election — and we certainly have no authority to act on records that are outside of our jurisdiction,” Logan said.

On Friday, the back and forth escalated yet again, when the Justice Department warned in a letter to L.A. County attorneys that county elections officials who tabulate ballots from the flagged voters could face criminal prosecution for being “aiders and abettors to a federal crime.”

For the last week, Trump administration officials and California election leaders have been locked in a fiercely contentious standoff over alleged election fraud that independent elections experts say is like nothing they have ever seen before.

The battle — which escalated into a federal lawsuit filed Thursday by the Justice Department against the state, Secretary of State Shirley Weber and Logan — features striking assertions of official misconduct. They include willful indifference to systemic election fraud among California officials, as alleged by Trump officials, and a nefarious effort by the administration to “lay the groundwork” for questioning any unfavorable election results next month, as alleged by California leaders and independent elections experts.

With little public clarity around the voters whose registration is being contested and how the administration came to question their eligibility, the debate has centered instead on the efficacy of vetting voter rolls right before an election and the increasingly bitter claims of political meddling from the many federal, state and local officials involved.

“More dangerous nonsense from a President losing his grip on reality,” Gov. Gavin Newsom posted on X.

Acting Deputy Atty. Gen. Trent McCotter sent a letter demanding that L.A. County’s top elections official investigate thousands of voters the Trump administration alleges are “likely noncitizens.”

(Finn Gomez / Getty Images)

“No, Governor. You are violating federal law by facilitating voting by noncitizens,” responded First Assistant U.S. Atty. Bill Essayli, the top federal prosecutor in Los Angeles, whose office is leading the lawsuit.

“Mail ballots are already in most voters’ hands, and Election Day is less than three weeks away. Every count, recount, hand count, lawsuit, and audit has found that there’s no widespread voter fraud in the U.S. The Trump Admin’s last-minute demands are meritless, and we look forward to making our case in court,” California Atty. Gen. Rob Bonta wrote on the same platform.

“We produced a list of 20,000 noncitizens on your voter rolls, and your response is ‘it’s too late’ because you already mailed the ballots. Not good enough,” Essayli shot back. “It’s a violation of the U.S. Constitution and federal law for California to dilute the votes of American citizens.”

Both sides have accused the other of being unreasonable and of ignoring practical concerns about voting and election security, though in very different ways.

Trump administration officials have said their effort “should not be controversial,” and reflects a common-sense approach to election oversight. “The law is clear, aliens in the United States cannot vote in federal elections,” McCotter said.

In its lawsuit, the Justice Department argued it is “not practicable or feasible” for the federal government to investigate “thousands, let alone tens of thousands, of individuals” before the November election alone, so California and local officials should be required to help them do it.

California officials — joined by independent elections experts — have accused the Trump administration of breaking the law to bolster a grand election conspiracy the president has propped up for years without evidence, including by trying to purge voters from rolls right before an election.

David Becker, executive director of the nonpartisan Center for Election Innovation & Research, said the National Voter Registration Act prohibits states from conducting systemic maintenance of voter lists within 90 days of an election, and that the U.S. Supreme Court recently affirmed that limit.

Bonta said the timing of the Justice Department’s demands “reeks of desperation and bad faith.”

Dean Logan, head of the L.A. County Registrar-Recorder/County Clerk’s office, attends the opening of a new ballot processing center in City of Industry in 2024.

(Irfan Khan / Los Angeles Times)

State officials and election experts also have questioned why Homeland Security Secretary Markwayne Mullin suggested California had some 190,000 noncitizen voters on its rolls as recently as July if the number now stands at 20,000.

“What happened to the 170,000? You just got those wrong?” Bonta said. He also noted with derision that the administration’s lawsuit repeatedly hedges its assertions by saying that federal officials “believe” that noncitizens “may be” registered in California.

“You believe, or you know?” Bonta said. “They may be or they are?”

Kiersten Pels, a Justice Department spokesperson, said the 20,000 flagged voters “are the ones that have been manually verified” as ineligible, but that number “can and will go up” as federal authorities continue their work. She referred additional questions about the figures to Homeland Security, which did not respond to questions.

Becker said the administration’s figures “should be treated with serious skepticism,” given similar claims falling apart elsewhere. He cited a Homeland Security claim of about 16,000 noncitizens on Nevada voter rolls dropping to 185 voters before Nevada officials investigated and found every single one of those voters was a citizen.

California officials have not shown a similar interest in launching their own investigation.

In a letter to McCotter, Weber wrote that treating the 20,000 voters on the Justice Department’s list as “ineligible until proven otherwise” would not only violate the 90-day quiet period before an election, but amount to “an unprecedented suspension — and even denial — of voting rights.”

She said if the Trump administration has any proof for its claims, California would “review that evidence and any supporting data or methodology” and “take the appropriate steps in compliance with federal and state law” to address any problems. “However, I will not disenfranchise thousands of Californians — or order any county elections official to do so — based solely upon an unsupported and likely inaccurate ‘belie[f]’ that certain voters are ‘likely’ noncitizens.”

A spokesperson for Logan’s office said Friday that it was reviewing the Justice Department’s spreadsheet — in part to determine how many of the voters are actually in L.A. County — but had yet to receive requested information on the methodology used for flagging those voters.

Nevada Secretary of State Cisco Aguilar, chair of the Democratic Assn. of Secretaries of State, said the Trump administration’s efforts in California are “another attempt by the federal government to harass and intimidate elections officials,” and that their timing is “obviously a political attempt” to prevent voters — particularly Latino voters —from holding the Trump administration accountable for its failed leadership.

But he also said that California officials — to the extent they can under the law, and working closely with Bonta — should work to refute the Trump administration’s claims through their own review of the data, just as Nevada officials did.

“We are not afraid to defend our elections,” he said. “And California should take that same approach. You cannot be reactive to these situations. You have to be strategic.”

Judge Leibowitz’s decision underscores state jurisdiction over voter qualifications, limiting federal actions.

A United States federal judge has ruled that a law criminalising voting by noncitizens is unconstitutional, dealing a setback for President Donald Trump’s administration as it cracks down on alleged election fraud ahead of November’s midterm elections.

US District Judge David Leibowitz in Miami dismissed a federal case on Thursday against Chelsea Cox, a Florida resident originally from Jamaica who had been charged in October 2025 with illegally voting in the 2020 presidential election.

Leibowitz, who was nominated to the bench by former Democratic President Joe Biden, found that under the US Constitution, only individual states, not the US Congress, have the authority to set voter qualifications.

Since every state already requires US citizenship to vote, he wrote, it is up to Florida, not the Department of Justice, to prosecute Cox for breaking that rule. “Florida can and does,” he wrote, noting the state already has its own laws against the conduct Cox is accused of.

The ruling applies only to Cox’s case and it does not bind judges elsewhere, though about 45 similar cases remain pending nationwide. At least four other defendants have raised the same constitutional challenge.

Court filings show Cox entered the US as a tourist in 1999, overstayed her visa, and later used a fraudulent birth certificate from the US Virgin Islands, a US territory in the Caribbean, to obtain a Florida driver’s licence and register to vote in 2012.

Trump has falsely claimed that noncitizen voting, which is already illegal and rare, cost him the 2020 election, and has cast it as part of a broader effort by Democrats to dilute Republican support.

The Department of Justice has charged at least 60 people with the offence since Trump returned to office in January 2025.

Among 129 people charged with “voting by an alien” since 2021, none was accused of conspiring to sway an election, backing a candidate, or being paid to vote, according to Reuters. Most were found to be lawful permanent residents who had registered by mistake or on the incorrect advice of an election worker or government clerk.

Cox’s lawyer, Bruce Udolf, welcomed the ruling and said he hoped authorities would not now seek to deport her, citing her declining health conditions.

WASHINGTON — The Supreme Court on Thursday agreed to review a Trump administration policy denying bond hearings for immigrants as the government carries out a sweeping crackdown.

The justices will consider whether immigrants who have been living in the U.S. have a right to a hearing to determine if they should remain detained while challenging their possible deportation.

The case will test a key pillar of the Trump administration’s hard-line immigration agenda.

Most appeals courts to have considered the issue have found that it violates federal law to detain immigrants, including those living in the U.S. illegally, without a bond hearing. Those decisions conflict with rulings by the 5th and 8th circuits, which held that immigrants accused of illegally entering and remaining in the U.S. must be detained while their deportation cases are pending.

The high court agreed to hear the case of Ricardo Aparecido Barbosa da Cunha, a citizen of Brazil. Authorities say he entered the United States illegally two decades ago and applied for asylum in 2016. He sought a bond hearing after an immigration judge determined that his detention was mandatory following his September 2025 arrest.

He has never been charged or convicted of a crime, his attorneys said. The court is expected to hear the case in the coming months.

President Trump’s administration had urged the high court to take up a different but related case that involves the broader constitutional implications of the new policy.

Attorneys from the Republican administration argue the circuits’ split is “disrupting the orderly administration of immigration law.” They say the nation’s courts have been inundated with thousands of petitions filed by immigrants challenging the government’s legal interpretation.

“The result is an unworkable patchwork of inconsistent immigration enforcement, where aliens present without admission are subject to mandatory detention in some circuits but are entitled to bond hearings and often released in others,” lawyers for the administration wrote.

The plaintiffs are immigrants represented by the American Civil Liberties Union, which says hundreds of district court judges have joined most circuits in rejecting the Trump administration’s new reading of the statutes. Plaintiffs’ lawyers say the administration is trying to deny bond hearings for immigrants apprehended anywhere in the U.S. — no matter how long they’ve lived in the country — rather than limiting the restriction to noncitizens stopped at the border.

“Millions of noncitizens could be affected by the government’s new interpretation,” ACLU attorneys wrote.

The Trump administration says its new mandatory detention policy is legal under a 1996 immigration law. The policy change departs from the practices of prior administrations, which typically allowed most noncitizens without criminal records to request a bond hearing if they were arrested away from the border.

Kunzelman writes for the Associated Press.

Federal investigators have sent Los Angeles County elections officials at least five grand jury subpoenas for individual voter records as part of a criminal investigation into illegal voting, according to partially redacted records reviewed by The Times.

The subpoenas — released in response to a public records request — appear related to a nationwide effort by the Trump administration to identify noncitizens who have illegally cast ballots in U.S. elections.

The subpoenas were issued in the U.S. District Court for the Central District of California. They were sent to L.A. County Registrar-Recorder/County Clerk Dean Logan’s office at the request of prosecutors in the office of First Assistant U.S. Atty. Bill Essayli.

“The enclosed subpoena has been issued in connection with an official criminal investigation being conducted by the Department of Homeland Security, Homeland Security Investigations,” Assistant. U.S. Atty. Michael Wheat — based out of the district’s Orange County office — wrote in a letter accompanying a Sept. 10 subpoena.

Wheat wrote that a custodian of records from Logan’s office must either appear before the grand jury to present the records or deliver the materials to a special agent from Homeland Security Investigations.

Four of the subpoenas — one issued on July 13 and three on Sept. 10 — request “any and all original and non-redacted voter records” from Jan. 1, 2020, to the present for a list of individual voters stretching across two pages. The lists were redacted by Los Angeles County officials, and it is unclear how many individuals each list contained.

Each of those subpoenas notes that records to be produced include information on individual voters, such as their “registration file” and “addresses listed, history and method of voting, [and] any and all attestation regarding citizenship status.”

A fifth subpoena, issued July 31, appears to request similar information for a single voter, and notes that the voter’s “ballot content or vote selections” should not be included.

Ciaran McEvoy, a spokesman for Essayli’s office, declined to comment on the investigations Monday.

The Times first reported the existence of the subpoenas, but not details from the records themselves, last week, after Logan confirmed that his office was complying with the federal inquiry despite having concerns that investigators may be using incorrect or outdated information to produce their lists of voters to investigate.

“We’re responding appropriately as directed through a subpoena, but that doesn’t afford the dialogue for us to get the background on what they’re looking for and how they came up with the names that they did,” Logan said. “There’s really no information being provided to us on that.”

President Trump has alleged for years that illegal voting by noncitizens is widespread, though experts say the problem — which they acknowledge occurs — is exceedingly rare. Homeland Security officials have been leading a campaign in recent months to identify such fraud nationwide, and the subpoenas received by L.A. County appear to match others received by elections officials elsewhere in the country.

Essayli — a Trump loyalist who has not been confirmed to lead the Los Angeles prosecutor’s office by the U.S. Senate and whose de facto leadership has been contested in court — has been vocal about his office’s pursuit of voter fraud, including by noncitizens.

His office has announced two voter fraud cases in recent weeks, including one involving the arrest of 30-year-old Honduran national on two felony charges of falsely claiming U.S. citizenship and fraudulently registering to vote. That man, Darwin Jonathan Rivera-Flores, has pleaded not guilty and is out on bond pending trial.

Rivera-Flores and his attorney declined to comment.

The Justice Department also recently announced it had charged 16 noncitizens in six other states with illegal voting and other election-related crimes.

Homeland Security Secretary Markwayne Mullin publicly claimed in July — without providing evidence — that there may be more than 190,000 such voters on California rolls, a claim California officials dismissed as baseless.

Three of the five subpoenas received by Logan’s office ask that the voter information be shared with Al Rossi, the acting assistant head of Homeland Security Investigations in Los Angeles.

Reached by phone, Rossi referred questions to an agency spokesperson, who did not respond to a request for comment.

Wheat had asked that the subpoenas be kept secret, so as not to impede an open investigation. Logan’s office released the records in accordance with California public records law, but redacted the names of voters on the grounds that doing so “protects those individuals from undue attention, harassment, intimidation, or possible harm” and “protects the integrity” of the investigation.

The U.S. Supreme Court on Friday upheld Trump’s expanded use of government data to search for noncitizens who are registered to vote. A lower court order had blocked use of the data over concerns — shared by the Supreme Court’s liberal wing — that the data are error-prone.

Voting rights experts have expressed concern that misuse of the data could lead to legitimate voters being purged from rolls.

States across the country, including California, have successfully fought off lawsuits from the Trump administration demanding the states’ complete voter rolls.

It is unclear why a subpoena for a single voter’s information would come between subpoenas for information on longer lists of voters. But it lines up with the case against Rivera-Flores.

In an affidavit filed with a criminal complaint against Rivera-Flores, Special Agent Christopher Kuzma — the same agent listed on the July 31 subpoena requesting a single voter’s information — said he received a series of texts he believed were from Rivera-Flores, who had previously been issued a misdemeanor citation on suspicion of disrupting immigration law enforcement operations at the federal building in Camarillo.

One text sent in April 2026 stated, “Your not the good guy I can’t wait until the mid terms you dont have qualified immunity then we can start and indict all you guys one bye one.”

Kuzma said in his affidavit that he took the message to mean Rivera-Flores “has both an interest in the voting process and an intent to participate in the election process.”

According to the affidavit, Kuzma said he conducted several record checks through public databases, including on the California secretary of state’s website, which “disclosed an online voter registration record” for a “Darwin Rivera” at Rivera-Flores’ address.

In July 2026, Kuzma said in the affidavit, he reviewed records from California Secretary of State Shirley Weber’s office for “Darwin J Rivera,” which showed the applicant had checked a box stating he was a U.S. citizen.

Kuzma’s affidavit said in August 2026 he received certified voter registration records from Los Angeles County.

The spokesman for the U.S. attorney’s office did not respond to a question about whether Kuzma’s July 31 subpoena was specific to Rivera-Flores, but the office has previously said Wheat is prosecuting the case.

When Rivera-Flores’ arrest was announced, Essayli said it was “the first of many to come.”