A federal judge in California is putting limits on pre-election field operations by the Department of Homeland Security aimed at finding noncitizens who have illegally voted in nine states, WESA reported, citing NPR reporting by Jude Joffe-Block published October 22.

Source: WESA / NPR

In a 19-page order late Wednesday, U.S. District Judge Araceli Martínez-Olguín wrote that the federal government was using flawed data in the initiative and that its efforts likely violated the Voting Rights Act, which bars voter intimidation, according to WESA/NPR. CNN, reported via KION, likewise said the judge ordered DHS to stop certain investigative actions, writing that the department's data alleging hundreds of thousands of possible illegal voters is widely known to inadvertently include U.S. citizens.

Source: CNN via KION

The order covers California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin, and limits field interviews and other actions where agents know or reasonably should suspect the person targeted could be a U.S. citizen, both outlets reported. It does not take effect until Friday afternoon, giving the administration time to appeal, and once in effect is set to last until after the midterm elections, CNN reported.

9States covered by the order
19Pages in the judge's order
Friday afternoonWhen the restrictions take effect, giving time to appeal

Martínez-Olguín referenced a disclosure last month from a U.S. Citizenship and Immigration Services whistleblower that alleged rushed efforts to match data to create a target list that includes U.S. citizens, WESA/NPR reported. She also pointed to Homeland Security Investigations social media posts, including one showing agents handcuffing a California man accused of unlawfully registering to vote — an accusation, not a conviction reported in these reports.

An attorney for Protect Democracy, which represents groups that brought the case, told CNN the order prohibits operations targeting known naturalized citizens. CNN said it had reached out to DHS for comment. For naturalized citizens and diaspora voters in the nine states, the ruling means election-related home visits involving people officials should suspect are citizens are restricted through Election Day, unless an appeal changes it.

What is solid

  • Judge Martínez-Olguín issued a 19-page order late Wednesday restricting DHS election-related field operations in nine named states, WESA/NPR and CNN both reported.
  • Both outlets report the judge found the underlying data flawed and likely to include U.S. citizens, and that the order is stayed until Friday afternoon to allow an appeal.

What is only claimed

  • Whether the DHS initiative violated the Voting Rights Act is the judge's preliminary finding of likelihood, not a final ruling on the merits; the administration may appeal.