A federal judge on Oct. 21 issued a preliminary injunction blocking the Department of Homeland Security (DHS) from conducting election-related field operations and interviews in nine states ahead of the Nov. 3 midterm elections. U.S. District Judge Araceli Martínez-Olguín ruled that the DHS enforcement surge, aimed at investigating potential noncitizen voting, likely violated the Voting Rights Act by intimidating voters and voter mobilization efforts. The order covers California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington, and Wisconsin.
The judge stayed the injunction until 5 p.m. on Oct. 23, allowing the government time to seek an appeal. The restrictions remain in effect through Election Day. The ruling stems from a lawsuit filed by the California Nurses Association, National Nurses United, the City and County of San Francisco, Santa Clara County, and Voto Latino Foundation, which argued that the DHS operations could suppress lawful voter participation.
Judge cites time constraints and database limitations
In her decision, Judge Martínez-Olguín highlighted concerns about the reliability of DHS’s review process, noting that agents were required to complete minimum 40 suspected subject reviews in 12 minutes using commercial databases. She stated that the time limitations increased the risk of errors, particularly given the absence of a federal database tracking citizenship status. The judge also questioned the accuracy of the list of people suspected of unlawful voter registration or voting, emphasizing the high likelihood of error under the current conditions.
DHS defends operations as election integrity measure
The DHS has framed the enforcement surge as an effort to prevent noncitizen voting, which it describes as a threat to election integrity. A DHS spokesperson stated that the operation targets individuals who knowingly violate election laws, asserting that those in the U.S. legally have nothing to fear. The agency has previously shared images and videos of agents conducting door-to-door inquiries in multiple states, including the arrest of more than 20 green card holders in California on allegations of illegally registering to vote or casting ballots.
Critics raise concerns over intimidation and overreach
Opponents of the DHS operations argue that the enforcement surge inappropriately inserts federal authorities into state-level voter verification processes, potentially deterring lawful voters from participating. Jessica Marsden, a lawyer for the advocacy group Protect Democracy, described the effort as designed to scare voters, while emphasizing that the DHS is not authorized to conduct such operations. The lawsuit filed by the nurses’ associations and local governments similarly contended that the operations violate the Voting Rights Act by creating a chilling effect on voter assistance and mobilization.
Legal and procedural background
The DHS initiative, launched in September, involved agents visiting residences to inquire about voter registration and participation in past elections. The agency has stated that its Homeland Security Investigations (HSI) unit is committed to investigating election fraud. However, the judge’s ruling suggests that the speed and methodology of the reviews may have compromised due process, particularly for U.S. citizens who are legally entitled to vote. The DOJ did not respond to requests for comment by publication time.