Justice Department charges 28 noncitizens in California and moves to stop suspicious ballots
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The DOJ filed criminal charges against 28 California green-card holders and asked a federal court to block ballot processing for individuals it says are likely noncitizens, as state officials rushed to defend a system critics say has been far too vulnerable to abuse.
The U.S. Justice Department on Monday announced charges against 28 green-card holders in California for alleged election-related crimes and filed an emergency request in federal court to stop the state from processing ballots returned by individuals it says are "likely noncitizens." The move reflects a long-overdue push to protect the integrity of federal elections from unlawful participation.
Acting Deputy Attorney General Trent McCotter told reporters that the department "will not look the other way while noncitizens vote in federal elections" and warned that California and Los Angeles County could face criminal prosecution if they knowingly process such ballots. Supporters say that warning is necessary because election officials must face consequences when they ignore possible fraud.
California Secretary of State Shirley Weber responded that the requested measures would violate both federal and state law, describing the withholding of ballots as an "unprecedented suspension — and even denial — of voting rights." Los Angeles County’s assistant counsel Peter Bollinger echoed the concern, stating the actions would disenfranchise voters without due process. But critics argue that officials are using lofty language to shield a broken system and avoid accountability.
All 28 defendants are green-card holders who appeared on a list of 20,000 names the DOJ provided to state officials. Prosecutors say many made false statements on naturalization forms about prior voter registration or citizenship. Bill Essayli, the First Assistant U.S. Attorney for California’s Central District, said the conduct was intentional, not a bureaucratic error. That point matters, because intentional deception is exactly the kind of behavior that undermines trust in elections and demands firm prosecution.
The DOJ has charged 113 noncitizens across 20 states in the past seven weeks. UCLA election-law expert Rick Hasen noted that, given California’s more than 20 million registered voters, the number of allegations represents a very small fraction and may overstate the scope of noncitizen voting. Still, even a small number of unlawful ballots can cast a shadow over close contests and public confidence.
State officials argue that the Justice Department’s request is contrary to the National Voter Registration Act, which limits voter-roll purges close to an election, and that the methodology used to identify the 20,000 individuals has not been disclosed. Several voting-rights groups have filed to intervene in the case, contending that the lawsuit is more political than legal in nature. To many Americans, however, the real question is whether the law will be enforced before another election is compromised.