9th Circuit Restores Block on DOJ Noncitizen Voting Probe in California
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A full 9th Circuit panel put back a district court restraining order against the Justice Department’s effort to pry into alleged noncitizen voting in California, sending the fight back for rehearing amid warnings that the probe amounts to political intimidation.
A three-judge panel of the 9th U.S. Circuit Court of Appeals briefly lifted a temporary restraining order that had barred the Justice Department from requesting the removal of ballots tied to suspected noncitizen voters in California. Hours later, the full 11-judge panel vacated that decision and restored the district court’s order while the case is reheard.
The Justice Department argues that investigating alleged illegal voting is a core executive function and that halting such work could impede enforcement of election laws. First Assistant U.S. Attorney Bill Essayli posted on X that the restraining order had been "appropriately lifted" before it was reinstated, adding that "conducting criminal investigations is a core function of the executive branch, not the judiciary."
Labor unions and civil-rights groups, including the NAACP and the League of United Latin American Citizens, filed the lawsuit, contending that DOJ and Department of Homeland Security letters warning election officials of potential criminal liability amounted to intimidation rather than lawful oversight.
Acting U.S. Deputy Attorney General Trent McCotter said the department will continue pursuing legal avenues to protect election integrity and enforce federal law. Attorney General Todd Blanche announced charges against 63 individuals for election crimes, noting the increase in prosecutions since President Donald Trump returned to office.
The Supreme Court also denied an emergency request from the administration to require California to set aside mail ballots from roughly 20,000 voters flagged as likely noncitizens, leaving the appellate dispute unresolved.