Judge Blocks Federal Investigations into Noncitizen Voting

A federal judge appointed by President Biden has halted certain Department of Homeland Security investigations into suspected illegal voting, citing concerns that the probes may intimidate voters. U.S. District Judge Araceli Martínez-Olguín ruled Wednesday that activist groups suing the DHS "demonstrate[d] that they are likely to succeed in their claim that Defendants have run afoul of the Voting Rights Act’s prohibition of intimidating voter assistance and mobilization."

The judge's order blocks the DHS from carrying out these field investigations in California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington, and Wisconsin. She stated that the public's interest in safe elections, free from interference or intimidation, outweighs the government's interest in combating unlawful voting by non-U.S. citizens. Martínez-Olguín further noted that the methods used by DHS, including interviewing individuals at their homes with armed agents, could constitute intimidation.

The DHS, however, maintains that it is focused on identifying, prosecuting, and removing noncitizens who vote, stating, "ONLY Americans should elect American leaders." The department asserted it has no plans to question or investigate U.S. citizens. The Trump administration previously argued that noncitizen voting in federal elections is a crime and that DHS possesses the statutory authority to investigate such suspected violations.

While the judge did not find investigating noncitizen voting inherently unlawful, she raised concerns about the reliability of the source data used and the impact of the investigation methods on potential voters. The court delayed enforcement of the order until Friday, allowing the administration time to appeal, and the restrictions are set to expire on Election Day unless otherwise directed.

Cases of illegal voting by noncitizens have been documented. For instance, the Justice Department announced charges against 16 individuals in September for alleged illegal voting and other election crimes across multiple states. New Jersey also recently removed approximately 6,600 individuals from its voter rolls who were not eligible to vote, including noncitizens.