Judge Halts DHS Noncitizen Voter Investigations in Nine States

U.S. District Judge Araceli Martínez-Olguín issued a 19-page order that bars the Department of Homeland Security (DHS) from conducting field operations in California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin. The order, set to take effect on Friday, suspends the investigations until polls close on November 3. The ruling follows a lawsuit filed by San Francisco and Santa Clara counties, the city of San Francisco, nursing unions and the Voto Latino Foundation, with Protect Democracy and the National Immigration Law Center as co-plaintiffs.

Judge orders Trump administration to halt noncitizen voting investigation in 9 states

The DHS effort, dubbed the “Unlawful Voter Initiative,” deployed armed Homeland Security Investigations (HSI) officers to interview individuals suspected of voting illegally as noncitizens. The operation targeted people who may have voted before naturalizing, and, according to a whistleblower, relied on rushed data-matching that could include U.S. citizens. The initiative intensified in the weeks leading up to the 2026 midterm elections, prompting concerns that the tactics could intimidate voters and voter-assistance volunteers.

NPR

• Investigations were planned in nine states.

Judge orders Trump administration to halt noncitizen voting investigation in 9 states

• During a “surge” phase beginning in late August, agents were instructed to review each flagged individual in no more than 12 minutes.

The Guardian

• A sample review by Los Angeles County found many registrations on the DHS list were canceled, inactive, or belonged to people who indicated U.S. birth.

NPR

• State reviews and audits have consistently found voting by noncitizens to be extremely rare.

NPR

The Department of Justice has been seeking detailed, unredacted voter-roll data from the states and has sued 30 states that refused to provide it, losing each case so far. USCIS official Nicolas Bartell acknowledged a “low possibility” that citizens could be erroneously identified, noting that manual reviews are intended to mitigate the risk.

The Guardian

• Data reliability: DHS officials claim the lists were cross-checked with multiple sources, whereas the judge described them as “voluminous and unreliable” and highlighted the absence of a federal citizenship database.

The Guardian

• Impact assessment: The judge warned that the operations could “intimidate citizens” and chill voter participation, while DHS maintains the effort is essential for election integrity. No independent audit of the DHS list’s accuracy has been released.

NPR

• “Even under the best conditions, there is a high likelihood of error in review because there is no federal database containing citizenship status of U.S. residents,” — Araceli Martinez-Olguin, district court judge

UsNews and World Report

• “Today, the courts affirmed a vital principle of our democracy: Voting is a fundamental right that citizens – whether born here or naturalized – should be able to exercise without armed government agents harassing them,” — Beau Tremitiere, a lawyer with Protect Democracy

NPR

The order remains subject to appeal; the federal government has until November 3 to comply. DHS may seek to modify its methodology or pursue alternative data sources, but any renewed field activity must avoid targeting individuals the court identified as U.S. citizens. The litigation underscores ongoing legal scrutiny of immigration-related voter-fraud investigations as the 2026 midterms approach.

NPR