Justice Department Faces Mounting Losses in Voter Roll Lawsuits
The Justice Department has lost 26 voter roll cases and won none while pursuing 31 lawsuits for unredacted state data.
Event / Politics
Supreme Court lifted restrictions on SAVE voter database for citizenship verification in federal elections, with dissenting concerns about voter purges and privacy impacts.
2026-09-26 to 2026-10-24 · UTC publication dates
Coverage begins 26 Sept, 00:06 UTC
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Two people with Justice Department credentials delivered a letter to the Santa Cruz County Clerk's office on Friday demanding that the county determine the citizenship of 81 people within 48 hours.
In July 2026, the Justice Department's Assistant Attorney General for the Civil Rights Division, Harmeet Dhillon, sent letters to all 50 states threatening criminal action if they knowingly allowed noncitizens to remain on their voter rolls.
On Friday, the Trump administration asked the U.S. Court of Appeals for the Ninth Circuit to rule on the lawsuit before the assigned district judge issued a decision, with a response deadline set for Saturday.
After California Secretary of State Shirley Weber and Los Angeles County registrar Dean Logan declined to set aside the ballots, the Justice Department sued them and the state in federal court seeking to block the counting of votes from more than 20,000 people it describes as likely noncitizen voters. The case is pending.
A letter sent to San Bernardino County voting officials stated that the federal government's list of suspected noncitizen voters includes 1,133 people from the county. The letter requested their identifying registration information.
At least 18 California counties received letters from the Justice Department demanding identifying information about voters it suspects are noncitizens, including Social Security numbers, state ID information, and voter registration applications. The letters gave a 48-hour deadline to respond.
The Justice Department sent letters to California Secretary of State Shirley Weber and Los Angeles County registrar Dean Logan calling for about 20,000 ballots statewide to be set aside and left uncounted until officials verify that the voters are citizens.
California stated in legal filings that more than 330,000 mail-in ballots have already been counted. The state has more than 23 million registered voters, and ballots were mailed to them earlier in October 2026.
A federal judge rejected an earlier Justice Department lawsuit that sought voter records from California.
The Justice Department's Civil Rights Division has filed 31 lawsuits to compel states to hand over unredacted copies of their voter rolls.
On Friday, the U.S. Justice Department sent letters to more than a dozen county elections offices across California. The letters demanded that officials set aside ballots from voters the Justice Department believes are noncitizens, give a response within 48 hours, and sequester any ballots whose citizenship cannot be verified. The letters threatened criminal penalties for refusal.
A letter from the U.S. Attorney for the Northern District of California to the Contra Costa County registrar identified a subset of 407 voters from a statewide list of about 20,000 and demanded that the county work with Justice Department and Homeland Security officials to determine their citizenship within 48 hours.
A hearing in the Justice Department's lawsuit seeking to block the counting of votes from about 20,000 voters alleged to be likely noncitizens is scheduled for Tuesday in federal court.
In a statewide sweep earlier in the week, federal authorities charged 28 people from the list of about 20,000 flagged voters with illegally registering to vote. Some were also charged with illegal voting and with lying on naturalization paperwork, offenses that could carry prison sentences of several years.
Of the Justice Department's lawsuits seeking state voter rolls, a court has ruled against it in 26 cases, and it has not won a legal victory in any of them to date.
The Justice Department's Civil Rights Division has acknowledged that it intends to share unredacted voter roll data it obtains from states with the Department of Homeland Security so that the lists can be screened for noncitizens.
The Supreme Court issued a 6-3 emergency order on Friday allowing the Trump administration to continue using the expanded Systematic Alien Verification for Entitlements (SAVE) database to verify voter eligibility on state rolls. The order temporarily suspended a June ruling by U.S. District Judge Sparkle L. Sooknanan that had blocked the revamped system, finding it violated federal privacy laws and could result in wrongful removal of eligible voters. The Supreme Court majority found that a 1996 immigration law explicitly authorizes the Department of Homeland Security to share citizenship verification information with states and that the federal government has an obligation to respond to state requests for voter eligibility verification.
Even though the SAVE program was blocked for months by the district court order, Department of Homeland Security officials continued using Social Security Administration data 'in certain cases to verify information and help determine whether illegal voting may have occurred,' according to Trump administration court filings.
In mid-September 2026, the Supreme Court rejected a bid from Trump to restrict mail ballot procedures before the midterm elections, marking another instance of courts blocking the administration's efforts to overhaul election procedures.
According to a federal whistleblower statement, the Department of Homeland Security launched its own investigation in August 2026 to find noncitizen voters on state rolls. The whistleblower alleged that the effort was rushed, filled with errors, and potentially violated state laws. DHS defended the investigation as being conducted 'diligently and professionally.'
The Justice Department has lost 26 voter roll cases and won none while pursuing 31 lawsuits for unredacted state data.
Justice Department letters and a lawsuit target California voters flagged as possible noncitizens, with charges filed against 28 people.
Federal law blocks systematic voter purges within 90 days of elections.
Trump administration expands SAVE voter verification program following executive order.
SAVE database accuracy questioned after audits show significant false-positive rates among flagged voters.
Supreme Court overrides privacy ruling, permits Trump's SAVE voter database expansion.