The US Justice Department has given California election officials 48 hours to examine a list of people the federal government suspects are non-US citizens who received mail-in ballots, warning that failure to comply could trigger emergency legal action.
The demand, outlined in two letters sent to California Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder Dean Logan, marks a fresh escalation in the Trump administration’s efforts to scrutinize voter eligibility ahead of the November 3 elections.
Acting Deputy Attorney General R. Trent McCotter said federal officials had provided Los Angeles County with a password-protected thumb drive containing the names of individuals believed to be noncitizens who had been sent California mail-in ballots.
The letters instruct state and county officials to set aside returned ballots linked to the listed individuals and refrain from counting them until their citizenship status has been established. Where ballots have yet to be distributed, officials are directed to withhold them until eligibility is verified.
The Justice Department warned that it would seek emergency relief if California authorities refused to follow its instructions. McCotter argued that allowing noncitizens to vote would undermine the votes of American citizens.
A department spokesperson confirmed the letters, saying the government would pursue necessary legal measures to protect election integrity and enforce federal law. The White House and California election officials had not immediately commented.
Federal voter scrutiny intensifies before midterms
The move adds to a widening confrontation between the Trump administration and state election authorities over claims that non-US citizens are voting in American elections.
President Donald Trump’s administration has repeatedly portrayed noncitizen voting as a significant problem, although multiple studies indicate that such cases are uncommon.
An investigation published in September found that software problems and administrative mistakes had resulted in more than 30,000 noncitizens being added to voter registration lists across various states since 2000. However, the number who actually cast ballots remained unclear. Election experts said the figures were too small to materially influence national results, given the approximately 170 million registered voters in the country.
In July, the Justice Department warned election officials across all 50 states that they could face criminal prosecution if they knowingly allowed noncitizens to remain on voter rolls or participate in elections.
The department has also sought confidential voter information, including Social Security numbers and dates of birth, from nearly all states as part of its effort to identify potentially ineligible voters.
Its efforts have encountered substantial resistance. The federal government has filed lawsuits against 30 states, governed by both Democrats and Republicans, over their refusal to provide voter registration records. By early October, the department had lost 26 of those cases without securing a victory.
Separately, the Department of Homeland Security has reportedly used a commercial data broker to obtain sensitive information that is not available in public voter databases. Officials and experts have warned that inaccurate records could cause eligible American citizens to be wrongly identified as unlawful voters, potentially exposing them to further scrutiny or detention.
Federal authorities have also increased criminal cases involving noncitizens accused of voting illegally in previous elections or submitting fraudulent registrations. The department announced 16 new cases on Monday as part of that broader campaign.
California becomes a key battleground
The latest dispute follows months of friction between California’s Democratic-led government and the Trump administration over federal involvement in state election procedures.
Homeland Security Secretary Markwayne Mullin informed California officials in a July 16 letter that the federal government believed noncitizens were present on the state’s voter rolls.
The stakes extend beyond voter registration. California could play a decisive role in determining control of the US House of Representatives, where Republicans are defending a narrow majority in the upcoming midterm elections.
The state has also become part of a nationwide redistricting struggle after voters approved a new congressional map designed to give Democrats a significant advantage in several districts.
Meanwhile, Los Angeles voters are preparing to consider a separate ballot measure that would permit certain noncitizen legal residents to vote in municipal elections. The proposal concerns local contests and is distinct from eligibility rules governing federal elections.
With the midterms approaching, the Justice Department’s latest ultimatum places California officials under fresh pressure, raising the prospect of another legal confrontation over how ballots are handled and who is permitted to vote.
