The Department of Justice issued formal demands to 57 of California’s 58 counties, requiring local election officials to cooperate with federal agencies to identify noncitizens on voter registration lists or face potential legal action. The letters, sent on Friday, represent a significant escalation in the Trump administration’s efforts to screen voters in the state ahead of the midterm elections. The DOJ has provided lists of individuals identified as "likely aliens" and set a tight deadline for county response.
NBC News obtained the letter sent to San Bernardino County Registrar of Voters Joani Finwall from the U.S. Attorney’s Office in Los Angeles. In the correspondence, First Assistant U.S. Attorney Bilal Essayli provided a list of 1,133 individuals categorized as "likely aliens." Essayli wrote that his office requested a commitment from county officials within 48 hours to work with the DOJ and the Department of Homeland Security (DHS) to verify the citizenship status of those on the list. The letter explicitly warned of the "legal implications" of continuing to mail or tabulate ballots for these individuals until their status is confirmed.
What the Right Is Saying
The Trump administration frames this initiative as a necessary enforcement of federal law to prevent noncitizens from voting in federal elections. In his letter, Assistant U.S. Attorney Bilal Essayli stated, "An alien voting in a federal election is a federal crime — and knowingly facilitating such conduct is equally unlawful." The DOJ asserts that election officials who process ballots for noncitizens are opening themselves to legal jeopardy.
Conservative leaders emphasize the administration’s priority in securing the integrity of the upcoming midterms. Essayli noted in a statement to NBC News, "The letters speak for themselves," reinforcing the stance that local officials must adhere to federal standards. The administration has previously sued to block the state from counting more than 20,000 mail-in ballots from voters suspected of not being U.S. citizens, arguing that these safeguards are essential to maintaining public confidence in the electoral process.
What the Left Is Saying
Democratic officials and advocates argue that the DOJ’s actions are an attempt to interfere with state-run elections without sufficient evidence of widespread fraud. Senator Alex Padilla, D-Calif., stated that the Trump administration’s Department of Justice has not provided evidence to support claims of massive voter fraud. "They’ve admitted that the data they point to is inaccurate and unreliable," Padilla said in a statement. He argued that regardless of lawsuits or threats, the federal government does not have the authority to interfere with California’s election processes.
Progressive critics note that the administration has specifically targeted heavily Democratic California in this push. The letters demand that counties "segregate — not cancel" vote-by-mail ballots for those whose citizenship cannot be immediately confirmed, a distinction that officials say is crucial for preserving the right to vote while awaiting verification. Advocates contend that the 48-hour timeline is unrealistic for local offices to thoroughly vet hundreds of records, potentially disenfranchising eligible voters due to administrative pressure rather than legal requirement.
What the Numbers Show
The DOJ sent letters to 57 of California’s 58 counties, with Los Angeles County having received a similar letter the previous week. In the San Bernardino County case, the federal government provided a list of 1,133 individuals identified as "likely aliens." The administration has previously filed lawsuits seeking to block the counting of over 20,000 mail-in ballots statewide based on citizenship concerns. On Thursday, the DOJ asked the 9th U.S. Circuit Court of Appeals to impose restrictions on these ballots before the lower court has ruled on the case, indicating a parallel legal strategy alongside these administrative demands.
The Bottom Line
This development marks a direct confrontation between the federal executive branch and California’s local election infrastructure. The DOJ’s 48-hour deadline places significant administrative pressure on county registrars to verify citizenship for thousands of voters, with the threat of legal consequences for non-compliance. The situation is likely to proceed through the courts, given the ongoing litigation in the 9th Circuit regarding the tabulation of suspect mail-in ballots. Election officials must now decide whether to segregate ballots as requested, potentially delaying the certification of results, or risk federal enforcement actions. The outcome will serve as a test case for the extent of federal authority over state election administration in the 2026 midterms.