Full Breakdown
DOJ Charges 28 California Green-Card Holders and Sues State Over Alleged Non-Citizen Ballots
By Drooid · · How we work
Core Event
The U.S. Department of Justice (DOJ) announced that 28 green-card holders in California have been charged with illegally registering to vote and, in many cases, casting ballots in federal elections. Eleven defendants were arrested when the charges were filed. The DOJ’s lawsuit seeks a court order requiring California to set aside mail-in ballots linked to more than 20,000 people the department labels “likely” non-citizens until their immigration status can be verified. The action is part of “Operation Protect the Vote,” which has resulted in charges against 113 people in 20 states over the past seven weeks.
Background & Context
The DOJ’s crackdown follows announcements on October 5, 12 and 16 that charged non-citizens in other states, and on October 19 it announced the 28 California charges. Earlier in the year the Department of Homeland Security (DHS) estimated up to 190,000 California voters might be non-citizens; the figure was later revised to roughly 20,000, which the DOJ now relies on for its lawsuit. California’s automatic voter-registration system, which enrolls voters through the DMV unless they opt out, is central to the dispute over how the defendants were added to the rolls.
Official Statements & Responses
- Acting Deputy Attorney General Trent McCotter said the list may include some citizens and urged California’s cooperation.
- The DOJ warned that local election workers who knowingly process ballots from non-citizens could face investigation.
- President Donald Trump threatened California officials with jail if they counted ballots tied to the DOJ’s list.
- California Secretary of State Shirley Weber said the state had not received sufficient information to verify the list and called the federal demand “outrageous.”
- Los Angeles County officials received a thumb drive with the list and a 48-hour deadline to confirm citizenship status before ballots could be set aside.
Criticism & Opposition
Criminal-defense attorney Michael T. van der Veen warned prosecutors must prove officials knowingly facilitated illegal voting, not merely performed routine duties. Constitutional-law scholar Mark Graber and election-law professor David Froomkin echoed this, stressing that a knowing violation is required for a viable charge. Democratic officials, including Janice Hahn, described the DOJ’s actions as voter intimidation aimed at undermining confidence in the upcoming midterms. Election-rights groups have expressed concern that the crackdown could disenfranchise eligible citizens.
Timeline
- October 5 – DOJ announced charges involving 16 non-citizens in other states.
- October 12 – Additional 16 people charged in illegal voting and registration cases.
- October 16 – Charges announced in North Carolina, New York and Idaho.
- October 19 – Federal authorities charged 28 people in California, with 11 arrests.
Conflicting Reports & Gaps
- DHS’s estimate shifted from 190,000 to 20,000, and the DOJ has not disclosed the methodology behind the current list.
- The DOJ has not proven that all individuals on the list voted unlawfully; it acknowledges some may be citizens.
- It remains unclear how the defendants were initially registered under California’s automatic voter-registration system and whether any ballots have already been set aside pending verification.
What’s Next
The DOJ’s lawsuit is pending in federal court, where a judge will decide whether California must segregate the contested ballots and comply with the verification demand. No specific hearing date has been announced.