On Thursday, the Department of Justice (DOJ) sued California over suspected noncitizen ballots being counted in the state, marking another major election integrity push by President Donald J. Trump.
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The Background.
The Department of Justice (DOJ) lawsuit follows a 48-hour ultimatum for California to stop counting approximately 20,000 mail-in ballots suspected of having been cast by noncitizens and to review an alleged noncitizen voter list. The deadline has since expired, and the DOJ has asked a federal judge to stop the count. Under U.S. electoral law, noncitizens are legally barred from voting in federal elections, but vetting is not stringent. The case is part of a broader effort by the Trump administration to boost election security ahead of the November midterms, which recent polling suggests will be tight.
“This is not political or controversial. 18 U.S.C. § 611 [voting by aliens] makes it a federal offense for noncitizens to vote in a federal election. We will not allow California to dilute the votes of American citizens,” posted First Assistant United States Attorney for the Central District of California Bill Essayli.
The dispute follows months of growing tension between the federal and state governments over access to voter registration data and efforts to identify potentially ineligible voters. Back in May, the DOJ said it had authority to obtain statewide voter rolls and share them with the Department of Homeland Security.
Time is up for California
We gave California 48 hours to review and flag more than 20,000 noncitizen voters recently mailed live ballots.
California refused.
This morning we filed a federal court action seeking an emergency order requiring California to sequester ballots… pic.twitter.com/4D9E2UyBHm
— F.A. United States Attorney Bill Essayli (@USAttyEssayli) October 15, 2026
What Can the DOJ Do?
According to the DOJ, the Department of Homeland Security (DHS) identified the alleged noncitizen voters by comparing California voter registration records with federal immigration data and other databases. The DOJ wants California to verify voters’ citizenship before counting their ballots. This follows a U.S. Census Bureau report published in August which revealed that more than 24,000 noncitizens voted in the 2020 presidential election, and a September DHS investigation into 1,620 cases of noncitizens casting ballots. Noncitizen voting in California, specifically, has been a problem for over 20 years.
The DOJ’s complaint argues that California’s decision to count the alleged noncitizen votes conflicts with the federal government’s authority under the U.S. Constitution’s Supremacy Clause, as federal law prohibits noncitizens from voting in federal elections. As such, California cannot implement state measures or make decisions that contradict that rule. The complaint also argues that California’s decision to count the alleged noncitizen votes contradicts the Constitution’s Elections Clause, which allows Congress to impose federal election requirements.
“California declined to work with the Federal Government to determine whether those individuals are citizens who are legally entitled to vote in the federal election,” reads the complaint.
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How Has California Responded?
Californian officials have disputed the federal government’s conclusions. “The USDOJ’s relentless efforts to unlawfully gain access to states’ protected voter data and purge voter rolls serve only to cause chaos and fuel public distrust in our elections,” said California Secretary of State Shirley Weber. State officials also maintain that voter eligibility is governed through the state’s registration and election processes, rather than the federal election requirements.
However, California state law automatically mails a vote-by-mail ballot to every registered voter. As such, it is very plausible that noncitizens have managed to vote by mail-in ballot. This ties into the Trump administration’s parallel push to reform mail-in ballots, which Democrats and their allies have sought to derail in the courts.
Legal Hurdles and Public Concerns.
The immediate issue is whether the federal court will order California to withhold and verify the disputed ballots before counting them. The lawsuit could face significant legal obstacles. For instance, the DOJ’s demand could conflict with federal restrictions on large-scale voter roll removals within 90 days of an election. The court must first decide whether to grant the DOJ’s request. The ruling could affect how states handle citizenship verification and the scope of federal electoral oversight.
Regardless of the outcome, the lawsuit reflects widespread public concerns regarding election security, hence the Trump administration’s support for the SAVE America Act, which aims to introduce voter ID, and the Trump administration’s decision to send a record 1,000 election observers to monitor the midterms.
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