DOJ Asks California Counties to Identify Potential Noncitizen Voters, Citing Legal Risks

The Department of Justice is demanding that election officials in 57 of California’s 58 counties cooperate in identifying 1,133 registered voters flagged as likely noncitizens, threatening legal action if they fail to comply. The DOJ sent letters Friday requesting information, including Social Security numbers and ID details, to verify the citizenship status of individuals on its list and to segregate ballots cast by those whose status cannot be confirmed within 48 hours. The move escalates the Trump administration’s efforts to prevent the state from counting ballots it believes are cast by noncitizens, and follows a recent lawsuit aimed at blocking the counting of over 20,000 allegedly noncitizen voters. California election officials oppose the federal government’s demands, arguing the data is unreliable and the requests threaten to delay vote certification and potentially disenfranchise citizens. Data indicates that illegal voting by non-U.S. citizens is rare and difficult to prove.

The letters, sent to counties including San Bernardino and Los Angeles, warn officials that knowingly processing ballots from noncitizens or facilitating such conduct carries “significant federal scrutiny” and could be unlawful. First Assistant U.S. Attorney Bilal Essayli stated that any election official who processes a noncitizen’s ballot is opening themselves to legal jeopardy. The administration’s actions come as voting is already underway in California, with over 330,000 mail-in ballots already received. The 9th Circuit Court of Appeals is expected to rule on the initial lawsuit targeting the state, with a decision anticipated before Tuesday.

Where they differ

• CBS News and The Hill emphasized the 48-hour deadline imposed by the DOJ, while NBC News and The New York Times focused more on the broader legal battle between California and the federal government.
• NBC News and The New York Times highlighted Senator Alex Padilla’s criticism of the DOJ’s claims and lack of evidence, a point less prominent in CBS News and The Hill’s reporting.
• CBS News provided the specific number of counties (18) that have received the letters, a detail not mentioned in other reports.

What is not yet known

• The accuracy of the DOJ’s list of 1,133 suspected noncitizen voters remains unverified.
• The ultimate impact of these actions on the outcome of the midterm elections is currently unknown.

Background

• The Department of Justice has recently been involved in multiple legal challenges related to election administration, including a lawsuit regarding the Alaska Senate race and investigations into potential fraud [Fact Refinery, 2026-10-23].
• Federal authorities have pursued charges against immigrants alleging false statements on voter registration forms, potentially impacting their citizenship applications [Fact Refinery, 2026-10-23].
• In 2026, a federal judge blocked field operations by the Department of Homeland Security in nine states regarding voter fraud investigations, including California [Fact Refinery, 2026-10-22].
• California utilizes a ranked-choice voting system in some elections, where voters rank candidates in order of preference [Fact Refinery, 2026-10-23].

Our reading

Our reading is that the Department of Justice is aggressively pursuing claims of noncitizen voting, despite evidence suggesting it is rare. The short timeframe imposed on California counties, 48 hours to identify and segregate ballots, suggests a prioritization of speed over thoroughness and due process. The escalation of this issue through legal action, coupled with the threat of individual legal jeopardy for election officials, appears designed to create maximum disruption and sow doubt about the integrity of the election.

What to watch

• The 9th Circuit Court of Appeals’ ruling on the initial lawsuit challenging the counting of over 20,000 allegedly noncitizen voters, expected before Tuesday [article text].
• The number of counties that comply with the DOJ’s request for voter data and the specific information provided, as reported by California election officials [article text].
• Whether the DOJ initiates legal action against any election officials for processing ballots from individuals on their list of suspected noncitizens [article text].

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