Judge Blocks DHS Voter Interrogations That Could Target U.S. Citizens in Nine States

A federal judge in California has ordered the Department of Homeland Security (DHS) to halt certain election-related interrogations in nine states ahead of the November 3 midterm elections, finding that unreliable data and aggressive enforcement tactics could subject U.S. citizens to questioning and intimidate voters.

U.S. District Judge Araceli Martínez-Olguín issued the preliminary injunctionpreliminary injunctionA preliminary injunction is a temporary court order issued before a case is finally decided that requires a party to take or stop an action while the litigation continues. Federal courts generally consider the likelihood of success, irreparable harm, the balance of equities, and the public interest before granting one.Read more → on October 21, 2026, restricting field operations involving people federal agents know, suspect or reasonably should suspect are American citizens. The ruling covers California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin.

The order targets DHS's Unlawful Voter Initiative, a Trump administration program launched in August to identify suspected noncitizen voters. Immigration officials compiled millions of records, used artificial intelligence tools to generate investigative leads and directed federal agents to question individuals about their citizenship and voting history.

According to court documents, DHS obtained 48.2 million records from independent sources of questionable reliability and another 50.6 million from official state voter rolls or commercial alternatives. Those records helped form lists identifying people for further investigation, including naturalized citizens whose information appeared to suggest they had registered or voted before obtaining citizenship.

The agency used a software system called iLab to combine information from multiple databases and generate individual profiles. Immigration personnel then screened potential subjects using commercial data that included addresses, demographics, family relationships and consumer behavior.

USCIS acknowledged that similar names, outdated citizenship information, incomplete files and clerical errors could produce false matches. During an intensified enforcement effort, employees were instructed to review at least 40 suspected subjects, allowing a maximum of 12 minutes to clear each person from further consideration.

Investigators also created records in a federal law enforcement system known as TECS. Those entries could trigger additional scrutiny during border crossings or other encounters with federal authorities, potentially affecting people incorrectly identified as suspected noncitizen voters.

Homeland Security Investigations agents were directed to pursue leads and conduct field interviews during voter registration and early voting periods. An internal August 28 directive instructed officers to document investigations so photographs and videos could be used by DHS officials in media coverage.

Agency social media posts featured armed officers approaching homes and footage of voter fraud arrests. The court also considered evidence concerning enforcement activity involving organizations engaged in voter outreach.

Members of the California Nurses Association and National Nurses United described withdrawing from voter registration activities because they feared encounters with armed federal agents and potential consequences for themselves or their families.

Martínez-Olguín found that the enforcement operations, publicity surrounding investigations and potential for mistaken identification created an objectively reasonable fear among people assisting voters.

The judge concluded that the nurses' organizations were likely to succeed on their claim under Section 11(b) of the Voting Rights Act, which prohibits intimidation, threats or coercion against people voting or helping others exercise their voting rights.

DHS defended its procedures as legitimate efforts to investigate unlawful voting, arguing that federal authorities had the power to pursue suspected violations and that its screening process sought to exclude American citizens. The government also maintained that ordinary law enforcement encounters did not amount to voter intimidation.

The court recognized the government's authority to investigate election crimes but found that the challenged operations could interfere with protected voting activities.

The lawsuit, filed September 18 by the nurses' organizations, Voto Latino Foundation, San Francisco and Santa Clara County, also raises constitutional and administrative law claims. The preliminary injunction rests on the nurses' voter intimidation claim, leaving the remaining allegations unresolved.

Under the October 21 order, DHS and those acting with it are barred from conducting election-related field operations and interviews involving people agents know, suspect or reasonably should suspect are U.S. citizens. The restrictions also cover operations based entirely on certain federal law enforcement records generated through the agency's voter eligibility matching process when directed at actual or suspected citizens.

The plaintiffs filed a notice of payment of the required $100 bond on October 22, satisfying a condition imposed by Martínez-Olguín. The injunction's temporary stay expired at 5 p.m. on October 23, allowing the restrictions to take effect ahead of the midterm elections.

Under the order, the restrictions remain in place until November 3 at 8 p.m. or when polling places close on Election Day, unless the court directs otherwise. The underlying lawsuit remains pending.