The Department of Homeland Security (DHS) has reported that more than 300,000 noncitizens may be registered to vote nationwide, an increase from a previous estimate of 250,000 provided in July. Homeland Security Secretary Markwayne Mullin stated that federal officials identified the additional 50,000 noncitizens through data access, though the locations of these registrations were not specified.
The DHS is collaborating with the Department of Justice (DOJ) to determine whether these noncitizens are legally present in the U.S. or not. Mullin noted that more than 1,600 investigations are currently underway, with 100 convictions secured to date. He did not confirm whether any of the noncitizens had voted in the Nov. 3 midterm elections, stating that further details would be provided after ballots are counted.
Enforcement Actions and Legal Challenges
In a separate statement, DHS General Counsel James Percival warned that federal authorities would prosecute and deport noncitizens caught illegally voting. He emphasized that enforcement would occur "whether it's now or later," adding that Immigration and Customs Enforcement (ICE) has already arrested dozens of noncitizens on charges related to voter fraud. Some of those arrested had prior criminal records, including offenses such as assault, drug trafficking, and driving under the influence.
The DHS’s efforts have faced pushback from state election officials. Washington Secretary of State Steve Hobbs disputed a DOJ report that identified more than 400 noncitizens illegally registered to vote in the state, some of whom allegedly cast ballots in multiple elections. Hobbs described the DOJ’s findings as having "several glaring deficiencies" and stated that the state’s review uncovered inaccuracies in the federal list.
Legal Rulings on Noncitizen Ballots
Federal courts have also weighed in on the issue. An appeals court panel recently ruled against a DOJ request to set aside 20,000 ballots in California, citing indications they may have been cast by noncitizens. The U.S. Court of Appeals for the Ninth Circuit upheld a lower court’s denial of the DOJ’s request to block the counting of these ballots. Additionally, the appeals court rejected an emergency DOJ motion to intervene in the vote tallying process.
The DHS has not provided a timeline for when further updates on the investigations or prosecutions will be released.