U.S. District Judge Araceli Martínez-Olguín on Wednesday barred the Department of Homeland Security from field investigative actions, such as interviews, aimed at noncitizen voting when agents believe the person could be a U.S. citizen, CNN reported. The order covers California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin. It takes effect Friday afternoon, which gives the administration time to appeal, and lasts until after the midterm elections. Voting rights groups represented by Protect Democracy brought the suit.
The order decides who may be questioned by federal agents about their vote in the last two weeks before Americans choose a Congress.
The interviews are part of a wider federal push against noncitizen voting. Armed, uniformed agents from Homeland Security Investigations have knocked on doors in several states since September, asking residents about their immigration status and whether they registered or voted, CBS News reported. Internal documents describe a "Criminal Voter Fraud" initiative with hundreds of agents reassigned to it. In California, the Justice Department has told officials that about 20,000 voters are likely noncitizens; in court it has said it suspects, not confirmed, that status, Democracy Docket reported.
- The Justice Department says 156 people have faced voting-fraud charges this administration.
- The United States has about 227 million registered voters, CBS reported.
- HSI agents in California arrested more than 20 green card holders, the department said Monday.
Martínez-Olguín, DHS Secretary Markwayne Mullin and HSI's field offices are the principals, with Rep. Bennie Thompson, the Homeland Security Committee's ranking Democrat, demanding a halt. Naturalized citizens on federal lists, noncitizens who may have registered unlawfully, and election officials in the nine states face the next two weeks under the order.
Disputedwhether the home visits find unlawful voters or deter lawful ones.
The FramingsHomeland Security framing, from a department spokesperson, holds that "HSI is actively rooting out and investigating election fraud wherever it can be found," that "there is no quota on criminality," and that legal residents have nothing to fear. Judicial framing, from Martínez-Olguín's order, holds that interview lists built on "admittedly flawed and incomplete data" leave citizens afraid their names were wrongly included, and that the public's interest in safe elections outweighs the government's. Plaintiffs' framing, from Protect Democracy's Jessica Marsden, calls the visits "maximally designed to scare lawful voters from participating." Former-agent framing, from 23-year HSI veteran Eric Balliet, holds that he never knew the agency to send agents to homes to check voter eligibility.
The RecordThe order and its quoted findings are public through CNN's reporting. DHS's figure of up to 250,000 illegal registrations has not been matched by charges; election experts dispute it, CBS reported. DHS had not commented on the order in the reporting reviewed. Confidence that the order bars interviews of possible citizens from Friday: certain. Confidence in how many unlawful registrations exist: low.
What to watch: Any administration appeal before the order takes effect Friday afternoon. Election Day, Nov. 3.
Sources: CBS News, CNN, Democracy Docket
