#noncitizen-voting

On October 28, U.S. District Judge David O. Carter denied the Trump administration's request that California set aside the mail ballots of up to 20,000 registered voters that Homeland Security agencies flagged as likely noncitizens. Carter wrote the request "would wreak havoc and disrupt the election that is already underway" and that "if the Executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger." More than 3.7 million Californians had already voted, and Los Angeles County said over 500,000 ballots had been separated from their envelopes. Prosecutors filed an appeal the same evening; the 9th Circuit had dismissed an earlier appeal 2-1 on October 26 because Carter had not yet ruled.

On October 29, Carter appointed a special master to examine the federal list, which both sides agree includes an unspecified number of citizens. AP also reported that federal prosecutors subpoenaed Los Angeles County election staff to appear in court on November 4, citing a Homeland Security criminal investigation.

The Justice Department has sued California and asked a federal court to make the state segregate ballots from about 20,000 registered voters that federal officials call "likely noncitizens." On October 19, Acting Deputy Attorney General Trent McCotter announced charges against 28 green-card holders, all on that list, and acknowledged it may include some citizens. In an October 20 filing, state Attorney General Rob Bonta called the suit "a reckless political stunt." Los Angeles County officials reviewed a sample of 200 names; of those with a reported birthplace, 38.9% indicated they were born in the U.S., NPR reports.

Separately, on October 21 U.S. District Judge Araceli Martínez-Olguín barred Homeland Security officers in nine states from field operations aimed at people they know or should suspect are citizens, or based only on USCIS data matches, writing that the effort likely violates the Voting Rights Act's ban on voter intimidation. DHS said it has "no plans to question or investigate people we believe to be U.S. citizens." The order runs through election night unless it is appealed.