The Department of Justice has issued a five-day ultimatum to election officials in all 50 states and the District of Columbia, demanding they detail their plans for maintaining "clean voter lists" and warning that noncompliance could result in criminal prosecution. The directive came in a letter signed by Assistant Attorney General Harmeet Dhillon, a spokesperson for the Justice Department confirmed.
Election officials have been given a five-day window to outline the steps they are taking to adhere to federal, state, and local election laws. The letter specifically reiterated that election officials could face criminal prosecution for "aiding and abetting" noncitizen voting. This warning comes as the Trump administration intensifies its focus on election security measures ahead of the upcoming November midterm elections.
"The Department sent these letters to all 50 states and the District of Columbia, asking for voluntary compliance in a timely manner with their obligations under federal law to ensure only citizens vote in federal elections," the DOJ spokesperson stated. The letter further specified, "An election officer who knowingly takes an action aimed at retaining noncitizens on the state’s SVRL [State Voter List] could be subject to criminal liability."
This initiative is part of a broader effort by President Donald Trump's administration to address election security and noncitizen voting. While the administration seeks to crack down on these issues, reports suggest that noncitizen voting is exceedingly rare and already punishable as a criminal offense.
President Donald Trump has also been advocating for the Safeguard American Voter Eligibility, or SAVE Act, which would introduce additional requirements for elections nationwide, including proof of citizenship and mandatory voter ID.
The specific penalties for officials who fail to meet the five-day deadline remain unclear. Utah Lt. Governor Deidre Henderson characterized the Justice Department's action as a "threat," expressing her frustration on social media. "Got another love letter this morning from the DOJ sprinkled throughout with threats of criminal prosecution," Henderson wrote. "I’m sure I’m not the only chief election officer of a state who is being targeted for following state and federal laws by resisting DOJ’s demands for private voter data that have thus far been ruled illegal by at least a dozen courts."
Registering to vote or voting in a federal election as a noncitizen is illegal in all U.S. states. Individuals found to be in violation can face significant penalties, including substantial fines, imprisonment, deportation, or the revocation of their legal immigration status. A report by the Bipartisan Policy Center, which analyzed voting data from 1999 to 2023, concluded that noncitizen voter registration is "already rare," and instances of noncitizen voting are "even less common."