The Department of Justice announced Monday it has charged 28 green card holders in California with election crimes, alleging illegal registration or voting in U.S. elections. Simultaneously, the DOJ filed an emergency request in federal court to stop California and Los Angeles County from processing ballots from approximately 20,000 individuals identified by the federal government as "likely noncitizens." This legal action marks a significant escalation in the ongoing dispute between federal authorities and state officials over the integrity of the voting rolls ahead of the midterm elections.
The charges stem from a list of 20,000 names delivered to Los Angeles County last week, which local officials declined to investigate within the 48-hour deadline provided by the federal government. Acting Deputy Attorney General Trent McCotter stated that the Justice Department will not "look the other way" while noncitizens participate in federal elections. The administration has been issuing charges in various states in recent weeks, with 113 noncitizens charged across 20 states over the past seven weeks, according to DOJ officials.
What the Left Is Saying
Election law experts and state officials argue that the federal government's actions threaten voter access and mischaracterize the scale of the issue. Rick Hasen, director of UCLA's Safeguarding Democracy Project, noted that noncitizen voting is not a widespread problem and that the charges may serve to make the issue appear larger than it is. "Given that there's over 20 million registered voters in California, this is quite a small number of allegations," Hasen said, adding that even if all allegations were true, they would represent a "drop in the bucket."
California Secretary of State Shirley Weber wrote to the DOJ on Oct. 13, stating that the extraordinary measures demanded are "contrary to both federal and state law." She argued that withholding or segregating ballots constitutes an "unprecedented suspension — and even denial — of voting rights." Los Angeles County assistant county counsel Peter Bollinger echoed this sentiment, noting that the requested actions would "disenfranchise those in question without due process." Critics point to the National Voter Registration Act, which generally prohibits systematic removal of voters from rolls during the 90 days before an election, to prevent errors that purge eligible voters without time for correction.
Dean Logan, Los Angeles County's top voting official, emphasized the importance of participation despite the legal battles. "Don't be distracted by the litigation. Don't be distracted by the mis- and disinformation," Logan said in an earlier interview, urging voters not to let the controversy keep them from casting ballots. Civil rights organizations have filed to intervene in the case, arguing the DOJ's demands are unlawful and that the lawsuit seems aimed at sending a political message rather than achieving a legal victory.
What the Right Is Saying
Federal prosecutors maintain that enforcing election laws is critical to preserving the integrity of the democratic process. Acting Deputy Attorney General Trent McCotter stated that the DOJ's actions are necessary to ensure that only eligible citizens vote in federal elections. "This Department of Justice will not look the other way while noncitizens vote in federal elections," McCotter said. "Unfortunately the same can't be said for California and L.A. County."
Bill Essayli, the First Assistant U.S. Attorney for California's Central District, dismissed the argument that noncitizen registration is often the result of bureaucratic error. "It's not something that just happens to you," Essayli said. "They either attested to it when they got a driver's license, or they went out of their way to file a voter registration form, and they swore under oath that they were a citizen." The DOJ argues that California has failed to provide necessary data, such as partial Social Security and driver's license numbers, which could help confirm the citizenship status of voters on the list.
In its filing for a restraining order, the DOJ argued that the harm caused by counting illegal votes is irreparable. "Once illegally cast ballots are counted and commingled with lawful votes, the resulting harm may be impossible to remedy," the DOJ wrote. President Trump reinforced this stance on Truth Social, warning that officials processing such ballots could face criminal prosecution, stating: "They will all go to jail for a long period of time!!!"
What the Numbers Show
The Department of Justice reports that 28 individuals in California have been charged with voting or registration crimes. These individuals are all green card holders who appeared on the list of 20,000 names provided to state officials. The DOJ states that 113 noncitizens have been charged across 20 states in the past seven weeks. A July letter from the Department of Homeland Security alleged that California had a potential 190,000 noncitizens on its voter rolls, a figure the DOJ has narrowed to 20,000 names in which it has the "most confidence" after cross-referencing government databases.
However, the accuracy of these figures is contested. Previous research indicates that when noncitizen voting occurs, it is frequently due to administrative errors rather than intentional fraud. For example, a software glitch at the New Jersey DMV registered more than 6,000 noncitizens to vote earlier this year. In California, some of the 28 charged individuals do not appear to have actually voted, and several registered to vote more than 20 years ago. So far, 26 federal judges across the country have dismissed DOJ demands for full voter roll data.
Polling data suggests that a sizable portion of the American public believes immigration enforcement will be present at voting locations this fall, despite federal laws prohibiting armed federal agents at the polls. Non-white voters are more likely than white voters to express concern that voting could subject them to questioning by immigration authorities, even if they are citizens.
The Bottom Line
The federal court's decision on the DOJ's emergency request will have immediate implications for the processing of ballots in California, where early voting is already underway. If the court grants the restraining order, it could set a precedent for federal intervention in state-run election processes during active voting periods. Local election officials nationwide are monitoring the situation closely, with some, like Pinal County Recorder Dana Lewis, expressing concern that similar actions could be taken in their jurisdictions if results are close or contested.
Election experts warn that the adversarial posture between the DOJ and California officials could lead to further legal challenges and potential interference after the election. The core dispute centers on the methodology used to identify "likely noncitizens" and the legal authority of the federal government to halt ballot processing mid-election. With the National Voter Registration Act prohibiting systematic purges in the 90 days before an election, the outcome may hinge on whether the court views the DOJ's actions as a necessary enforcement of federal law or an unlawful suspension of voting rights. Voters in California are being urged to verify their registration status and remain informed about their rights amidst the ongoing litigation.