“It was clear from the start that DHS built its lists on bad data, never checked how often it was wrong, and recklessly sent agents to people’s homes weeks before an election,” said one voting rights advocate.
A federal judge in California ruled late Wednesday that the US Department of Homeland Security has violated the Voting Rights Act by sending agents door-to-door and demanding information from people about their immigration status and whether they’ve voted in recent elections—part of President Donald Trump’s perennial effort to prove the baseless claim that noncitizens are committing mass voter fraud to secure Democratic victories.
In the US District Court of the Northern District of California, District Judge Araceli Martinez-Olguin ordered federal agents to end their “elections-related field operations and field interviews” in nine states, including California, New York, Missouri, Connecticut, Georgia, Nevada, Pennsylvania, Washington, and Wisconsin.
DHS can no longer carry out the operations if they are likely to involve interrogations of people whom agency officials “know, suspect, or should reasonably know or suspect are US citizens,” said the judge.
Because the Trump administration has been turned away by state and local agencies when officials have demanded access to voter data, DHS has been forced to compile its lists of targets using commercially available information and comparing it with federal records.
That method has resulted in target lists that are “voluminous and unreliable,” wrote Martinez-Olguin.
In Nevada last month, for example, Homeland Security Secretary Markwayne Mullin asserted that his agency had determined there were close to 16,000 noncitizens on the state voter rolls. DHS sent the state a list of 185 people from that list, whom it claimed had been improperly permitted to register to vote.
But a deputy attorney general for the state tersely informed Mullin that records indicated all 185 people DHS was targeting were citizens.
“You have provided nothing of substance to suggest otherwise,” he wrote.
Martinez-Olguin suggested she would not tolerate more large-scale errors that threaten the voting rights of thousands of Americans, and said the Trump administration’s so-called “Unlawful Voter Initiative” violates a section of the Voting Rights Act that makes it illegal to “intimidate, threaten, or coerce” people and groups that contribute to voter mobilization efforts or assist with voting.
“Plaintiffs do not claim, nor does the court find, that it is unlawful for federal officials to undertake investigations into unlawful voting in federal elections,” the judge said in her ruling. “Rather, plaintiffs seek to stop DHS from continuing to investigate US citizens, who have a legal right to vote, in a way that intimidates and threatens the participation” of National Nurses United and California Nurses Association, which have been involved in voter mobilization and sued DHS over its policy.
Martinez-Olguin added that “the public’s interest in safe elections, free from interference or intimidation… far exceed defendants’ purported interest in combating unlawful voting by non-US citizens.”
The Department of Justice has indicated that a tiny fraction of registered voters in the US—156 people—have been charged with offenses related to “voter fraud,” despite Trump’s claims that voting by noncitizens, which is illegal, is rampant in the US.
In California, federal authorities this week said they had identified 28 immigrants who were suspected of voting before they became naturalized citizens. They all denied knowingly registering to vote or voting, and the group represented about 0.0001% of registered voters in California.
“It was clear from the start that DHS built its lists on bad data, never checked how often it was wrong, and recklessly sent agents to people’s homes weeks before an election,” Beau Tremitiere, counsel at Protect Democracy, which also sued over the policy, told CBS News. “Today’s ruling should remind us that American citizens hold the ultimate power in our democracy, not the government—no matter what the administration says otherwise.”
Independent journalism needs independent support. Common Dreams delivers free, fearless reporting on corporate power, inequality, the climate crisis, human rights, and war—funded by readers, with no advertising or corporate or government money. Since 1997, it has kept progressive voices and struggles for justice in the headlines. Help keep that journalism strong and accessible to everyone: visit Common Dreams
Editor’s Note: At a moment when the once vaunted model of responsible journalism is overwhelmingly the play thing of self-serving billionaires and their corporate scribes, alternatives of integrity are desperately needed, and ScheerPost is one of them. Please support our independent journalism by contributing to our online donation platform, Network for Good, or send a check to our new PO Box. We can’t thank you enough, and promise to keep bringing you this kind of vital news.
You can also make a donation to our PayPal or subscribe to our Patreon.