noncitizen

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.”

With the deadline for mailing out millions of California ballots nearing, Los Angeles County’s top election official welcomed the U.S. Postal Service’s recent assurance that it will process those ballots as normal — not under the untested new vetting system backed by President Trump and rejected as unworkable by the U.S. Supreme Court.

“That certainly serves as a stabilizing force, as we’re literally weeks away from mailing the ballots,” said Dean Logan, head of the L.A. County Registrar-Recorder/County Clerk’s office.

Still, there are other Trump administration challenges to deal with, he said — including unsubstantiated public claims of widespread voter fraud, refusals by top-ranking officials to rule out deployments of armed federal agents to polling places, and behind-the-scenes criminal probes into local voter lists.

Since March, Logan’s office has received a series of federal grand jury subpoenas demanding voter registration and other information on dozens of individuals who the Trump administration says may not be U.S. citizens, Logan confirmed to The Times.

Logan said his office is now in the “interesting place” of having to comply with the subpoenas despite suspecting that the Department of Homeland Security relied on inaccurate or outdated voter information to compile the names 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.”

The subpoenas appear to mirror others received by elections officials elsewhere in the country as part of a new Homeland Security effort to identify noncitizen voting, which Trump has long alleged without evidence is widespread.

In July, Homeland Security Secretary Markwayne Mullin publicly claimed, again without evidence, that there may be more than 190,000 such voters on California rolls. On Friday, the Justice Department announced it had charged 16 noncitizens in six states with illegal voting and other election-related crimes following investigations alongside its Homeland Security partners.

California Secretary of State Shirley Weber dismissed Mullin’s claims. Independent elections experts and Democratic officials say voter fraud should be taken seriously, but is exceedingly rare. California has more than 23 million registered voters.

Mullin’s remarks and the subpoenas appear part of a much larger and unprecedented federal effort to bolster allegations from Trump that the upcoming Nov. 3 elections are unsafe and corrupted by noncitizen voters.

Trump issued two executive orders, one requiring voters to provide additional identification and proof of citizenship, and one ordering the Postal Service to refuse mail ballots it deems illegitimate. The Justice Department has sued California and other states for their voter rolls, and Homeland Security has threatened state elections officials with criminal sanctions if they don’t purge noncitizens from their rolls.

Trump gave a speech in July alleging that the American election system is “so vulnerable that no one can possibly defend it.” Earlier this month, he encouraged his supporters to “cheat like hell” to keep Republicans in power, and told them they would receive $5,000 each if they succeed — which many experts derided as a “bribe.”

Last week, FBI Director Kash Patel refused to rule out sending federal agents to polls.

Despite all that, California officials and independent elections experts have maintained the election will be safe — in part because Trump’s executive orders and the Justice Department’s many lawsuits seeking state voter rolls have all been blocked by the courts.

“The bottom line for voters in California right now is nothing has changed. We’ve had safe and secure elections, and we will continue to do so,” said Sen. Alex Padilla (D-Calif.).

Logan said it “is clear that the administration is aggressively pursuing their narrative” about voter fraud being widespread as part of Trump’s old “playbook” of questioning votes he expects to lose — but that the election in California will nonetheless “be fair and secure and transparent.”

The fight over fraud

At least three subpoenas have been issued to Logan’s office — one in March, one in July and one this month — including from the U.S. attorney’s office for the Southern District of California, The Times confirmed.

U.S. Atty. Adam Gordon, who leads the federal prosecutor’s office in San Diego, did not respond to a request for comment. First Assistant U.S. Atty. Bill Essayli, who leads the federal prosecutor’s office in Los Angeles and has announced two voter fraud cases in recent weeks, also did not respond to questions about his office’s election work.

Essayli did say Saturday, in response to Gov. Gavin Newsom touting new state laws aimed at safeguarding California elections from Trump administration interference, that no state law can prevent the Justice Department from investigating voter fraud and that his office “will continue to investigate, arrest, and prosecute all violations of federal election laws.”

Additional information, including how the subpoenas may relate to Mullin’s claims, wasn’t immediately available.

Mullin in July alleged in a letter to Weber that a federal review of unspecified data found “as many as 190,832 non-citizens registered to vote in California.”

Weber responded in writing that she had “serious doubts about the reliability” of that analysis, as California election officials “work every day to maintain accurate voter rolls” and have never shared their rolls with the Trump administration — despite the administration’s failed lawsuit demanding them.

Weber criticized Mullin for having made such claims with “no detail whatsoever that my office can use to evaluate the veracity of your allegations,” and asked that he provide a “detailed description” of the data and methodology used to reach such conclusions.

Weber’s office said Mullin’s letter was “part of a broader effort to intimidate Californians and make it burdensome to participate in our democracy.”

In a statement to The Times, a Homeland Security spokesperson said the department offered to meet with Weber and her staff “to engage in a collaborative good faith discussion” about identifying noncitizens on state rolls, which she declined.

The spokesperson said Mullin’s count of potential noncitizens on California rolls was based on “publicly available data from states’ voter rolls” that was cross-referenced with its own lists of “known” noncitizens. “It’s not rocket science; it’s an easy step to secure our elections.”

Independent experts also have questioned Mullin’s claims, pointing to investigations elsewhere — including in Texas — that found Homeland Security data on alleged noncitizen voters were substantially inaccurate. A federal judge recently blocked the use of a Trump administration database known as the Systematic Alien Verification for Entitlements program based on the likelihood that it could lead to legitimate voters being purged from rolls.

Last week, Padilla and Senate Majority Leader Chuck Schumer (D-N.Y.) released a Homeland Security whistleblower report alleging that department leaders, under a new “Unlawful Voter Initiative,” were requiring poorly trained employees to identify at least five potentially illegal voters per hour — one every 12 minutes — using questionable data the department said it compiled using “magic.”

In a letter to Mullin, the senators demanded the initiative be halted, arguing that work at such a “breakneck pace” is bound to produce errors and that agency officials appeared to be circumventing court orders blocking their access to state vote rolls by gathering such information “by any means, regardless of state laws.”

Padilla on Friday asked California Atty. Gen. Rob Bonta’s office to investigate the whistleblower’s claims. A spokesperson for Bonta’s office said the allegations “describe yet another fishing expedition by the Trump Administration to uncover evidence of widespread voter fraud despite repeated findings that there is none,” but otherwise declined to comment.

The Homeland Security spokesperson rejected the whistleblower claims, saying its work has been “conducted diligently and professionally” as part of a “commonplace law enforcement” effort. The spokesperson said that the agency cannot comment on active investigations, but that its investigative branch — Homeland Security Investigations, or HSI — is “actively rooting out and investigating election fraud wherever it can be found.”

“There is no quota on criminality. DHS will pursue each and every illegal voter to the fullest extent of the law,” the spokesperson said.

Fears and reassurances

Recent polling has shown that fewer than half of Americans expect the midterms to be “free and fair,” and that Californians are more concerned about Trump administration interference than voter fraud.

Election experts said some of the worst threats have already been blocked, but acknowledged remaining worries.

Rick Hasen, director of the Safeguarding Democracy Project at UCLA Law, said he is concerned the Trump administration will try to deny the outcome or seize ballots in close congressional races — but only if control of the House or Senate rests on them.

Brendan Nyhan, a political scientist at Dartmouth College and co-director of Bright Line Watch, said he worries that isolated incidents of federal agents intimidating voters or seizing ballots in key races will throw the legitimacy of the entire election into question — and that the Trump administration will capitalize on that to serve its own agenda.

Sen. Adam Schiff (D-Calif.), part of a Democratic task force preparing for such issues, said that Trump and other administration officials are trying to interfere in the election because they know they have “failed to deliver for the American people” and the Republican Party stands to lose power as a result.

Schiff said that Democratic leaders are fighting back “and largely succeeding,” but that “the best way to uphold the integrity of our elections” remains voters making their voices heard.

Padilla said the attempt by Homeland Security to push its way into elections has been “shoddy” in part because “they don’t have the expertise [and] it’s not their charge,” but also because Trump has put Mullin and other election “conspiracy theorists” in charge.

“If you install a conspiracy theorist into these roles, then they’re gonna come out with these claims that are not based on facts, not based on evidence, not based on any data,” he said.

Padilla said Trump and his supporters are “absolutely laying the groundwork” to question November election results they don’t like, but voters should know that “there’s even more of us standing up and fighting back and protecting their right to vote.”