Reason.com - Free Minds and Free Markets
Reason logo Reason logo
  • Latest
  • Magazine
    • Current Issue
    • Archives
    • Subscribe
    • Crossword
  • Video
    • Reason TV
    • The Reason Roundtable
    • Free Media
    • The Reason Interview
  • Podcasts
    • All Shows
    • The Reason Roundtable
    • The Reason Interview With Nick Gillespie
    • Freed Up
    • The Soho Forum Debates
  • Volokh
  • Newsletters
  • Donate
    • Donate Online
    • Ways To Give To Reason Foundation
    • Torchbearer Society
    • Planned Giving
  • Subscribe
    • Reason Plus Subscription
    • Print Subscription
    • Gift Subscriptions
    • Subscriber Support

Log In

Create new account

Voting Rights

Trump's Claims About Noncitizen Voting Are 'Not Credible,' a Federal Judge Says in a Scathing Decision

U.S. District Judge David O. Carter rejected the Justice Department's demand that California officials segregate ballots from 20,000 voters it describes as "likely noncitizens."

Jacob Sullum | 10.29.2026 3:15 PM

Share on FacebookShare on XShare on RedditShare by emailPrint friendly versionCopy page URL Add Reason to Google
Media Contact & Reprint Requests
President Donald Trump against a background of California ballots | Andrew Leyden/Zuma Press/Newscom/Joe Sohm/Dreamstime
(Andrew Leyden/Zuma Press/Newscom/Joe Sohm/Dreamstime)

In a July 16 letter to California Secretary of State Shirley Weber, the Department of Homeland Security (DHS) said a "preliminary review" suggested there "may be as many as 190,832 non-citizens registered to vote" in her state. Weber was skeptical—for good reason, it turned out. Three months later, the Trump administration reduced that estimate by nearly 90 percent, saying about 20,000 "likely noncitizens" had received California vote-by-mail ballots.

The Justice Department gave Weber and Dean Logan, Los Angeles County's top election official, 48 hours to determine whether any of the people on the government's list were in fact citizens. Otherwise, it said, Weber and Logan should segregate those ballots and refrain from processing them until citizenship could be verified. After Weber and Logan declined to comply with the Justice Department's demands, it asked a federal judge for a temporary restraining order (TRO) requiring them to do so—a request that he rejected in a scathing opinion on Wednesday.

"Never before in American history has the federal government, on the eve of an election, sought to coerce a state and local government to abandon their own Constitutional elections procedures and bend to the will of the Executive Branch," writes U.S. District Judge David O. Carter, a Bill Clinton appointee. "This request violates longstanding constitutional principles mandating that states have control over their elections. If Plaintiff's last-minute request for relief were granted, either party could create chaos for their own political purposes to disrupt the election process. Over 20,000 registered Californians would potentially lose the right that generations of Americans have fought to preserve."

The Justice Department delivered its list of "likely noncitizens" to Logan three weeks before Election Day. At that point, Los Angeles County already had sent ballots to 5.9 million voters and processed 331,000 of them. Logan said he was "legally prohibited" from doing what the Justice Department wanted because it had failed to explain the methodology used to compile the list, raising the possibility that citizens would be denied their voting rights.

There was ample reason for that concern. On July 17, DHS Secretary Markwayne Mullin averred that "as many as" 15,903 noncitizens were registered to vote in Nevada. The following month, when the DHS submitted a list of allegedly illegal voters to Nevada election officials, the number had fallen to 185—99 percent lower than Mullin's original figure. It turned out that every one of those 185 voters was a U.S. citizen.

"DHS has identified over 250,000 potential non-citizens illegally registered to vote" in California, New Jersey, Nevada, and Pennsylvania, Mullin said in July. He was echoing President Donald Trump, who for years has grossly exaggerated the extent of illegal voting by noncitizens, often in service of his own vanity.

Trump has repeatedly claimed, for example, that he would have won the popular vote in 2016 but for "the millions of people who voted illegally," and in January 2024 he warned that noncitizen voters "could very well affect the next election." In a speech the night before Mullin's announcement, Trump asserted that the DHS had "identified approximately 278,000 non-citizens who are registered to vote in federal elections."

Judging from Nevada's experience, the actual number may be closer to zero. It is hard to say, because the methods used by the DHS remain hazy.

In the California case, Carter says, the DHS "purchased a voter file that appeared to reflect 'the actual voter rolls in California, that as of August 2025, may be used for the 2026 federal election.'" It "then 'enhance[d]' the voter data through a 'reliable third-party data analytics'" and used records maintained by U.S. Citizenship and Immigration Services (USCIS) to find "an internal USCIS immigration number" that "may" correspond to each registered voter. "The matches are scored," Carter notes, "because 'the resulting data may be incomplete, outdated, or mismatched.'"

The DHS "then compared the potential identity matches to Department of State and Social Security Administration data to screen out U.S. citizens," Carter adds. "In the next step, a confidence level was assigned (where a high score supported a 'strong identity link') and a manual review was conducted for each match to 'determine which registered voters'" were "likely to be aliens." Then came "a 'quality review' to identify issues such as 'duplicate entries' and 'incomplete records,'" followed by "an 'enrichment process' that utilized 'additional unique identifiers' to 'improv[e]' the matching process."

The government did not initially specify the source of the "reliable third-party data analytics." But it later revealed that "the third-party platform it relied on was
Lexis Nexis," Carter notes. "It remains unknown how Lexis Nexis performed its analysis, such as how it 'linked names to Social Security numbers not available on the California public voter file.' Plaintiff likewise did not explain what its 'enrichment process' entailed or how it occurred. Plaintiff also provided 'no error rates' or 'validation against a reliable benchmark' that would enable a determination of the accuracy of its findings. Omissions of this critical information prevent an evaluation of Plaintiff's procedure, including how Plaintiff reduced its initial claim of nearly 200,000 alleged noncitizens to 20,000 individuals."

Potential sources of error include conflating people with similar or identical names and outdated records that do not reflect recent naturalization. Because it is unclear how the DHS tried to address such problems, it is not surprising that Weber and Logan did not want to rely on the Trump administration's list, especially given its pattern of dramatically reducing the putative number of illegally registered voters.

"It is well-documented that matching voter registration records with data from other
administrative databases 'presents numerous challenges,'" Carter writes. And given the potential for error, he says, "Plaintiff's allegations are not credible." He adds that the TRO sought by the Justice Department "would likely lead to voter disenfranchisement" and "would create a significant administrative burden for Defendants, leading to chaos and upending the election."

In any event, Carter says, the Trump administration does not have legal standing to seek such an order. The government's main argument was that California officials, by refusing to segregate ballots from people on its list, were interfering with its enforcement of 18 USC 611, which makes it a misdemeanor for "any alien to vote" in a federal election.

"Defendants do not 'interfere' with the United States' ability to enforce Section 611 by
administering an ongoing election in accordance with established State and Federal law, rather than assuming new obligations pursuant to a federal criminal law they are not responsible for enforcing," Carter writes. It is well established that state officials have no obligation to enforce federal law, he notes, and that they cannot be "commandeered" to do so.

Nor does the federal government need such assistance to enforce Section 611. "The very same day the United States filed its TRO [application] in this Court, the Department of Justice brought charges against 28 individuals" in California under that law, Carter notes. It is not clear how many of those defendants, who represent 0.0001 percent of California's 23 million registered voters, actually cast ballots. But "if fraudulent voting occurs," Carter says, "the United States should uphold the law and bring additional Section 611 indictments against those non-citizens it believes actually voted illegally in the current—or a prior—election."

The Constitution gives states the primary responsibility for conducting elections, subject to explicit limits imposed by Congress. But the Justice Department's actions in this case "are indicative of a broad, ongoing pattern of attempted election interference by federal officials," Carter writes. The department "has filed at least thirty-one lawsuits in federal district courts across the country seeking complete voter rolls from the States. Out of the twenty-six decided cases, the DOJ has prevailed in precisely zero."

In addition to "its failed attempt to seek State voter rolls," Carter notes, "the United States has also requested that States act based on the Executive's own lists." But "sister district courts across the country have cast doubt" on the reliability of those lists for the same reasons that Carter cites in this case.

On October 23, the Justice Department "sent letters to every county in California requiring them to set aside the votes of alleged non-citizens," Carter notes. "The letters stated that election officials 'risk significant federal scrutiny' if they failed to comply with the Government's demands. The government reiterated its threat in open court yesterday, stating that State and County election officials who do not comply with their letter risk federal charges under 18 U.S.C. § 2, which criminalizes aiding and abetting the commission of a criminal offense. The court reiterates what it said yesterday: these threats must stop."

Start your day with Reason. Get a daily brief of the most important stories and trends every weekday morning when you subscribe to Reason Roundup.

This field is for validation purposes and should be left unchanged.

NEXT: Utah Files Criminal Charges Against Kalshi Co-Founders

Jacob Sullum is a senior editor at Reason. He is the author, most recently, of Beyond Control: Drug Prohibition, Gun Regulation, and the Search for Sensible Alternatives (Prometheus Books).

Voting RightsVotingCampaigns/ElectionsElection 2026vote fraudImmigrationDonald TrumpTrump AdministrationDepartment of Homeland SecurityDepartment of JusticeFederal CourtsLitigationExecutive overreachFederalism10th AmendmentConstitutional Interpretation
Share on FacebookShare on XShare on RedditShare by emailPrint friendly versionCopy page URL Add Reason to Google
Media Contact & Reprint Requests

Hide Comments (14)

Editor's Note: As of February 29, 2024, commenting privileges on reason.com posts are limited to Reason Plus subscribers. Past commenters are grandfathered in for a temporary period. Subscribe here to preserve your ability to comment. Your Reason Plus subscription also gives you an ad-free version of reason.com, along with full access to the digital edition and archives of Reason magazine. We request that comments be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of reason.com or Reason Foundation. We reserve the right to delete any comment and ban commenters for any reason at any time. Comments may only be edited within 5 minutes of posting. Report abuses.

  1. damikesc   2 hours ago

    Gee, another terrible article I would not ever read by Jake.

    1. Liberty_Belle   2 hours ago

      Then how do you know it is terrible if you didn't read it ? Guessing based on your previous bias ?

      1. damikesc   1 hour ago

        Did you see the name of the author?

        You don't need more.

      2. JesseAz (RIP CK)   43 minutes ago

        Headline. Author.

      3. Murray Rothtard   20 minutes ago

        You clearly haven't learned how not to think. These clowns have it down pat.

  2. chemjeff radical individualist   2 hours ago

    Look. Normally, elections should be chiefly administered by the states. But this assumes that the states are being run by patriotic officials. Democrats, of course, are not patriots. Therefore it is totally justified for a patriotic federal government to intervene and stop those states from running their own elections.

    1. damikesc   1 hour ago

      chemjeff's erection for Socialists is evergreen, kids.

      1. chemjeff radical individualist   41 minutes ago

        That is another difference between you and me.

        I write parodies. You, however, are just mean.

  3. Jesse fantasizes about having a 3some with Dave Smith and Maddow   1 hour ago

    Can’t wait for Paul/Diane/Rick James to take a break from their unhealthy obsession with LGTBQ people to post about how he registered in California… or didn’t because he’s too much of a coward to admit he committed a crime.

    According to him because he possibly registered fraudulently online in California that means voter fraud is rampant and California elections aren’t legit. He won’t answer how he intends to actually receive a ballot, let alone cast that ballot. Even if he did that’s just one vote. However he won’t because he’s a treasonous pussy.

    He could man up and admit I’m right, but he won’t because he’s an inbred, redneck coward.

    Also did anyone see that proven liar James Okeefe was arrested for trying to vote illegally?

  4. JesseAz (RIP CK)   44 minutes ago

    The scathing part should have been your first clue sullum. Well founded decisions dont rely on emotion. And the legal reasoning was emotional, not legal.

    The judge even refused during oral arguments to hear from the election employees feom california, that california already has a system to segregate ballots. The entire scathing argument relies on there not being one.

    Then the judge started yelling Jim crow, voter intimidation and it didn't matter if convictions were after the election, basically demanding illegal votes be counted.

    Not shocked your dumb partisan ass approved of it.

    1. JesseAz (RIP CK)   22 minutes ago

      Oh. The other funny fact from oral arguments. California said they sampled 200 of the names. 51 had checked a box attesting to be a citizen. DHS discovered only 5 might be citizens, the others were either registered deceased or as non citizens. Judge didnt allow the DHS response during oral arguments.

      1. Michael Ejercito   18 minutes ago

        Wow, this really is bad.

        1. chemjeff radical individualist   8 minutes ago

          Good Lord. Jesse is trying to gaslight you. He clearly didn't read the decision himself. He is probably copy-pasting from some guy on X or Zerohedge or something. The link to the decision is above so you can make up your own mind. Or, you can just passively accept Jesse's gaslighting of you. Your choice.

    2. chemjeff radical individualist   15 minutes ago

      The judge even refused during oral arguments to hear from the election employees feom california, that california already has a system to segregate ballots. The entire scathing argument relies on there not being one.

      I read through the decision. This part is just not true. The judge doesn't claim that there is NO current system to segregate ballots. He claims that there is no current system to segregate ballots in the way that the government wants. And that is hardly the "scathing" part. There's a great deal more to the reasoning of this judge.

      To accept the government's argument here is to argue that the government has the power to enforce 18 USC 611(a), which makes it a crime for a noncitizen to vote, that they can do it PRE-EMPTIVELY, before any alleged noncitizen has voted (and therefore before any crime has been committed), and that they can do it by compelling state-level election workers to change their procedures 1 month before the election using a list of alleged non-citizen registered voters that they refuse to tell the state how it was generated, instead just saying "trust me bro". There is no serious rational argument in favor of this position. That is why the judge decided the way he did. Not because he "yelled Jim Crow".

Please log in to post comments

Mute this user?

  • Mute User
  • Cancel

Ban this user?

  • Ban User
  • Cancel

Un-ban this user?

  • Un-ban User
  • Cancel

Nuke this user?

  • Nuke User
  • Cancel

Un-nuke this user?

  • Un-nuke User
  • Cancel

Flag this comment?

  • Flag Comment
  • Cancel

Un-flag this comment?

  • Un-flag Comment
  • Cancel

Latest

Trump's Latest Attempt To Salvage the Midterms: Bribe and Extort the Voters

Joe Lancaster | 10.29.2026 3:30 PM

Trump's Claims About Noncitizen Voting Are 'Not Credible,' a Federal Judge Says in a Scathing Decision

Jacob Sullum | 10.29.2026 3:15 PM

Utah Files Criminal Charges Against Kalshi Co-Founders

Tosin Akintola | 10.29.2026 3:00 PM

Rep. Steve Cohen Thinks the DEA Shouldn't Be Practicing Medicine

Jeffrey A. Singer | 10.29.2026 2:45 PM

RFK Jr. Institutes Backdoor Approval of 6 Peptides

Elizabeth Nolan Brown | 10.29.2026 2:29 PM

Recommended

  • About
  • Browse Topics
  • Events
  • Staff
  • Jobs
  • Donate
  • Advertise
  • Subscribe
  • Contact
  • Media
  • Amazon
Reason Facebook@reason on XReason InstagramReason TikTokReason YoutubeApple PodcastsReason on FlipboardReason RSS Add Reason to Google

© 2026 Reason Foundation | Accessibility | Privacy Policy | Terms Of Use

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Reason

The All-Argentina Issue is Here

New from Reason: a look into what Javier Milei has accomplished and what it will take to make the most of Argentina’s window for real change. Out now for subscribers.

Subscribe & Start Reading Learn More