The complaint, filed in federal court in California's Central District on Oct. 15, claims the state is willfully allowing noncitizens to vote in federal elections.
First Assistant U.S. Attorney Bill Essayli in Los Angeles explained that the Department of Justice (DOJ) gave California 48 hours to review the names of suspected noncitizens registered to vote who were mailed live ballots and determine whether the list included citizens [1]. Essayli said that after California refused to comply, the Justice Department asked the court for an emergency order requiring the state to sequester ballots returned by the suspected noncitizens and verify their citizenship status [1].
In a statement, Gov. Gavin Newsom said the lawsuit is unfounded and represents an attempt by President Donald Trump to disenfranchise voters three weeks before Election Day, calling it "a sad, desperate attempt by Trump to use his politicized Justice Department to try to suppress California voters just three weeks before Election Day [1]."
California's Automatic Voter Registration and Mail Ballot Process
Under California law, every registered voter is mailed a ballot, according to the Justice Department press release [1][2]. That combination, universal mail balloting layered on top of the state's automatic voter registration system, is at the center of the federal complaint.
In California, eligible voters who apply for a driver's license, ID card, or change of address are automatically registered unless they opt out, according to state procedures. Justice Department officials argue that this system creates conditions for fraud, a concern echoed by federal prosecutors who have accused California of denying them access to voter registration records [3].
The lawsuit follows an investigation by Homeland Security Investigations (HSI) in which the agency reviewed voter registration data for possible foreigners registered to vote [4]. HSI said it analyzed publicly available voter registration records to identify likely noncitizens who could receive election-related mail. The complaint alleges thousands fit that category [4].
The Justice Department's lawsuit says the federal government sought to "work collaboratively" with California to identify noncitizens registered to vote in the state, and that California made no effort to do so [5].
Judicial Watch has previously argued that California and some of its counties, including Los Angeles County, have registration rates exceeding 100% of the age-eligible citizenry [6]. According to data provided to and published by the Election Assistance Commission, Los Angeles County has more voter registrations on its voter rolls than it has citizens who are old enough to register [6].
Eleven of California's 58 counties have registration rates exceeding 100% of the age-eligible citizenry, according to the same analysis [6].
Federal Complaint and Emergency Request
The Justice Department asked the court for an emergency order requiring California to sequester ballots returned by the suspected noncitizens and verify their citizenship status, Essayli said [1].
The complaint seeks to prevent California from tabulating vote-by-mail ballots from suspected noncitizens in the upcoming midterm elections until citizenship is verified, according to the filing [7]. According to reports, the Justice Department seeks to stop tabulation of more than 20,000 California mail ballots until immigration status is verified [7].
This is not the first time the Justice Department has moved to force California to release voter registration records [3]. Back in June, Essayli announced that his office was partnering with the FBI on multiple election-related investigations, accusing California of blocking a voter roll audit [3].
The Justice Department has also warned state officials they can be prosecuted if they let noncitizens vote, with Assistant Attorney General for Civil Rights Harmeet Dhillon sending letters to all 50 states after the U.S. government conducted reviews that found tens of thousands of noncitizens have made it onto state voter rolls [8].
A Clinton-appointed federal judge previously dismissed the Justice Department's bid to access California's voter registration databases, ruling in January 2026 that the demand for voter data from California Secretary of State Shirley Weber was "unprecedented and illegal" [9]. U.S. District Judge David O. Carter sided with California in a 33-page decision [9]. That prior ruling underscores the legal hurdles the DOJ faces in its latest action.
The Justice Department earlier dropped off a thumb drive with a list of people it believes could be noncitizens who registered to vote with the office of Los Angeles County Registrar-Recorder Dean Logan [10].
Federal authorities have recently announced arrests of people alleged to have voted illegally as noncitizens.
On Aug. 28, federal officials arrested a foreign national living in California who they say illegally registered to vote and made false statements [14]. Darwin Jonathan Rivera Flores, 30, was a Honduran national and lawful permanent resident living in Southern California, and is accused by prosecutors of making felony false claims of being an American citizen on voter forms [15]. He faces two charges: making a false claim to U.S. citizenship and fraudulent voter registration [15].
No court ruling had been issued as of the reports, leaving the status of the 20,000 flagged registrations and any related ballots unresolved. The Justice Department has previously sued Orange County in California for allegedly concealing records that could expose noncitizens illegally registered to vote [16].
The Justice Department has also expanded its crackdown, suing Utah, Oklahoma, West Virginia, Kentucky, and New Jersey for hiding inaccurate voter rolls [16]. That broader campaign indicates the California action is part of a greater federal effort.
References
- DOJ Sues California After Flagging 20,000 ‘Likely Noncitizens’ Registered to Vote. https://theepochtimes.com/us/doj-sues-california-after-flagging-20000-likely-noncitizens-registered-to-vote-6104448
- United States Sues California After Determining More Than .... https://www.justice.gov/usao-cdca/pr/united-states-sues-california-after-determining-more-20000-likely-noncitizens-are
- U.S. attorney accuses California of blocking voter roll audit. https://justthenews.com/politics-policy/elections/us-attorney-accuses-california-blocking-voter-roll-audit?utm_source=justthenews.com&utm_medium=feed&utm_campaign=external-news-aggregators
- DOJ sues California for 'state-facilitated voter fraud,' citing 20,000 suspected foreign voters. https://justthenews.com/index%2ephp/government/courts-law/doj-sues-california-alleged-state-facilitated-voter-fraud?utm_source=justthenews.com&utm_medium=feed&utm_campaign=external-news-aggregators
- Trump administration sues California to block state from counting .... https://www.kpbs.org/news/public-safety/2026/10/14/justice-department-threatens-california-with-legal-action-over-claim-of-noncitizens-on-voter-rolls
- A Republic Under Assault: The Left's Ongoing Attack on American Freedom. by Tom Fitton
- US Justice Dept sues California to block votes from alleged .... https://www.reuters.com/world/doj-sues-california-to-block-votes-alleged-non-citizens-2026-10-15/
- DOJ warns state officials they can be prosecuted if they let noncitizens vote: ‘Want them to stop’. https://justthenews.com/politics-policy/elections/doj-warns-state-officials-they-can-be-prosecuted-if-they-let-noncitizens?utm_source=justthenews.com&utm_medium=feed&utm_campaign=external-news-aggregators
- Clinton-Appointed Federal Judge Denies DOJ Bid To Access California Voter Registration Rolls. https://www.zerohedge.com/political/clinton-appointed-federal-judge-denies-doj-bid-access-california-voter-registration-rolls
- Trump sues CA, alleging noncitizens are registered to vote - CalMatters. https://calmatters.org/politics/2026/10/trump-sues-california-voting/
- California sued by Trump administration over demand to purge 20,000 .... https://www.newsfromthestates.com/article/california-sued-trump-administration-over-demand-purge-20000-voters-rolls
- DOJ sues California over 20000 alleged noncitizen voters. https://www.sacbee.com/news/politics-government/capitol-alert/article317639718.html
- Feds Arrest Foreign National In California On Voter Fraud Charges. https://www.zerohedge.com/political/feds-arrest-foreign-national-california-voter-fraud-charges
- Feds Arrest Foreign National in California on Voter Fraud Charges. https://theepochtimes.com/us/feds-arrest-foreign-national-in-california-on-voter-fraud-charges-6080755
- DOJ sues Orange County for hiding noncitizen voter records in election integrity crackdown - NaturalNews.com, June 28, 2025.
- Justice Department expands crackdown, sues 5 more states for hiding inaccurate voter rolls - NaturalNews.com, February 28, 2026.
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