noncitizens

The administration of United States President Donald Trump has sued the state of California after the state missed a deadline to review a list of registered noncitizen voters sent to officials.

In the lawsuit, filed on Thursday in a US District Court in California, Department of Justice (DOJ) officials asked the court to prevent the state from counting mail-in ballots from voters on a list shared with the state that it said contained 20,000 noncitizens. The agency said it had attempted to “work collaboratively” with California to identify noncitizens registered to vote in the state, but “California made no serious effort to do so”.

The move follows a 48-hour deadline the DOJ gave California in letters sent to officials in several counties in the state on Tuesday, threatening further action if they did not review lists of allegedly ineligible voters the agency said it had shared.

California Secretary of State Shirley Weber, the top state official tasked with administering elections, responded to the letters, saying in a three-page letter that she wanted to “set the record straight” on events that transpired since July. The senior California official maintains that the administration is demanding “unprecedented measures that threaten thousands of Californians’ right to vote, based on unverifiable information or methodology that you still fail to explain or provide”.

Weber said she was informed that the lists provided to local officials include the names of roughly 20,000 individuals. Weber said no list was ever sent to her office. The department previously said it suspected “thousands” of registered voters of being noncitizens, and a lawsuit filed earlier Thursday by the Justice Department put the number at “tens of thousands”.

“Despite failing to send the list of alleged non-citizens to my office, you demand that we request transmittal of the list, review and confirm the citizenship status of each of the approximately 20,000 individuals on the list on the eve of an election and within a mere 48 hours,” she wrote. “This is an emergency of the DOJ’s creation.”

In a statement on Wednesday, election officials in Los Angeles County, one of the county offices that received the ultimatum from the DOJ, pointed out the threat was issued just 21 days before midterm elections. The county statement said it had received a thumb drive with the letter and a handwritten note with what appeared to be a password, but it would not attempt to access the drive because “we do not consider the device a secure medium”.

The county office said maintaining accurate voter lists was “a fundamental responsibility for our office” and that state laws clearly require that removing individuals be “based on verifiable information”.

Trump has repeatedly levelled the false claim that large numbers of noncitizens, who are legally not eligible to vote in federal elections, are casting ballots in Democratic-led states, including in California. State officials, including in California, have said the number of such voters is negligible and that the scale of the problem does not warrant intervention just weeks before elections, scheduled for November 3.

California Governor Gavin Newsom has sharply rebuked the DOJ lawsuit against his state, calling it a “sad, desperate attempt by” Trump to “suppress California voters just three weeks before Election Day”.

“Courts have made clear the federal government has no role in running state elections,” Newsom said in a statement. “We will defend free and fair elections in the Golden State and call out every authoritarian attempt to undermine our democracy.”

Trump has long falsely claimed that noncitizen voting cost him the 2020 election, blaming it on Democrats, despite the issue being a very rare occurrence.

Courts have pushed back on Trump

Earlier this month, a federal judge in Florida ruled that a federal law criminalising voting by noncitizens was unconstitutional, delivering a major setback for Trump administration efforts to pursue such cases against individuals.

The court ruled that, under the US Constitution, only individual states have the authority to set voter qualifications, and that each one had already criminalised such voting by anyone who was not a citizen. Thus, it was up to the state to prosecute such individuals. The DOJ has at least 45 such cases pending nationwide, where the accused could now raise the same objection brought up in the Florida ruling.

Another federal judge ruled this month that the DOJ unlawfully sought state voter rolls for cross-checking them against a controversial federal immigration database to identify ineligible voters. The Trump administration has often touted the Systematic Alien Verification for Entitlements (SAVE) database, but numerous reports have found it inaccurate and capable of flagging citizens as noncitizens. Forcing states to use such a database would be unconstitutional, the judge said.

In September, the US Supreme Court rejected a Trump administration effort to restrict mail-in ballots for the November 3 elections, which Trump argued were especially susceptible to misuse by noncitizens because states were failing to verify who was sending them.

Two dozen states, led by Democrats, filed lawsuits against the Trump administration over attempts to limit mail-in voting, including an executive order directing federal agencies such as the US Postal Service not to handle mail-in ballots without verifying the eligibility of those casting them.

According to the Election Assistance Commission, a bipartisan government agency, around 30 percent of all ballots cast in the 2024 elections were sent by mail. Mail-in ballots are even more widely used in many western states such as California.

WASHINGTON  — 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.