Federal agents hunt alleged noncitizen voters weeks before US midterms

Critics sue over intimidation as California fights federal demands on voter rolls

By LineZotpaper

Published22 October 2026

Read Time3 min

Federal agents are hunting for alleged noncitizen voters in the final weeks before the November 3 midterms, a push championed by President Donald Trump that critics describe as voter intimidation and that researchers say targets a problem that is extremely rare.

The Department of Homeland Security's Homeland Security Investigations (HSI) unit, whose usual mission is investigating illegal cross-border movement, has promoted the effort on social media, trawled databases holding millions of voter records and knocked on doors in states including California, Kansas and Texas. One agency post reads: "AMERICAN ELECTIONS ARE FOR AMERICANS." Another warns that HSI is "tracking down voter fraudsters and investigating alleged election crimes to protect the integrity of our elections and every American citizen's vote."

The government justified the shift in June, arguing that "illegal votes dilute the ballots of U.S. citizens and undermine our democracy." The Washington Post reported that in August the administration asked Immigration and Customs Enforcement (ICE) agents to largely set aside migrants' applications for lawful status in order to search for election fraud, and that agents now ask migrants facing deportation whether they have registered to vote.

The campaign has drawn legal pushback. Minority organizations sued in September to prevent voter intimidation, arguing that "Congress did not create the Department of Homeland Security to oversee elections or determine who is eligible to vote." The lawsuit says community members who once welcomed voter outreach are now less willing to open their doors or attend community events for fear of encountering federal agents.

Homeland Security Secretary Markwayne Mullin said in July that about 250,000 noncitizens were registered to vote in a handful of states. The Center for Election Innovation & Research (CEIR), a nonpartisan group, says sweeping allegations "appear to arise from misunderstandings, mischaracterizations, or outright fabrications about complex voter data" and that investigations find "extremely few cases" of noncitizen registration and even fewer of noncitizen voting.

California has become the central flashpoint. Last week the Justice Department sued the state's election officials for refusing to help verify whether more than 20,000 people who are not US citizens may be improperly listed on voter rolls. State authorities said a review of 200 of those records found 38.9% belonged to people born in the United States. The federal government has also asked a Los Angeles judge to set aside affected ballots "until we confirm that they are U.S. citizens." State officials refuse to comply, citing existing safeguards and a federal law that bars modifying voter rolls in the 90 days before an election.

In Monday's "Operation Protect the Vote," federal agents arrested 11 people across California, part of a total of 28 defendants accused of registering illegally and, in some cases, of voting multiple times. Some defendants have told media outlets they do not recall registering.

Documents released to Democracy Forward under a Freedom of Information Act request show HSI obtained 26,235 records from US Citizenship and Immigration Services and 50.6 million voter roll records from the Justice Department, and considered using undercover agents against organizations suspected of registering noncitizens, especially in New Jersey and Pennsylvania. Priority states listed for the records included Texas, Pennsylvania, California, New Jersey, Minnesota, Michigan, Arizona, Florida, Georgia and Ohio.

Analysis

Why This Matters

The November 3 midterms will decide control of Congress, and the federal push affects who votes and whether state election officials must answer to Washington.
DHS's shift into election enforcement changes the mission of agencies created to police immigration and borders, a step opponents say Congress never authorized.
The standoff with California could set a precedent for how far the federal government can reach into state-managed voter rolls.

Background

It is already illegal for noncitizens to register or vote in US federal elections. Trump has raised the specter of noncitizen voting without evidence, including over the 2020 presidential election he lost to Joe Biden, and researchers who have examined voter data say confirmed cases are vanishingly rare. The current effort marks a departure for HSI, an investigations unit that normally focuses on smuggling, trafficking and other cross-border crime.

Key Perspectives

The administration: DHS says illegal votes "dilute the ballots of U.S. citizens and undermine our democracy," and Mullin has claimed about 250,000 noncitizens are registered to vote in a handful of states. The agency presents the operation as defending "every American citizen's vote."

Civil rights groups and state officials: The organizations that sued say Congress did not create DHS to oversee elections, and that door-knocking and immigration arrests are frightening minority communities. California election officials say existing safeguards are sufficient and that federal demands violate a law protecting voter rolls in the 90 days before an election. They note that their sample of disputed records found a large share belonged to US-born citizens.

Election researchers: CEIR says sweeping allegations about noncitizen registration stem from "misunderstandings, mischaracterizations, or outright fabrications" about complex voter data, and that investigations consistently find extremely few cases.

What to Watch

A Los Angeles judge's ruling on the federal request to set aside the contested California ballots.
The course of the Justice Department's lawsuit against California, and whether other states face similar demands.
Any renewed arrests under "Operation Protect the Vote," which named 28 defendants in total.
Whether federal agents are reported near polling places on election day, which the lawsuit seeks to prevent.

Sources

Trump launches hunt for alleged noncitizen voters · El País English

Checked

12 claims in this story checked against 1 source: 12 supported.

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SupportedFederal agents are pursuing alleged noncitizen voters in the final weeks before the November 3 midterms.El País English: “HSI) has been vigorously promoting on social media an effort it considers crucial in the final weeks before the midterms: pursuing alleged large-scale election fraud by noncitizens”
SupportedMinority organizations sued the government to prevent voter intimidation.El País English: “organizations representing minorities sued the government to prevent voter intimidation.”
SupportedCalifornia election officials refuse to comply with federal demands concerning voter rolls.El País English: “Election officials continue to refuse to comply with the DOJ’s demands.”
SupportedAn HSI post said, “AMERICAN ELECTIONS ARE FOR AMERICANS.”El País English: “One post on X reads in uppercase: “AMERICAN ELECTIONS ARE FOR AMERICANS.””
SupportedAn HSI post said it was “tracking down voter fraudsters and investigating alleged election crimes to protect the integrity of our elections and every American citizen’s vote.”El País English: “Another warned: “HSI is tracking down voter fraudsters and investigating alleged election crimes to protect the integrity of our elections and every American citizen’s vote.””
SupportedThe government justified the shift in agents’ work by saying, “illegal votes dilute the ballots of U.S. citizens and undermine our democracy.”El País English: “In June, the government justified the shift in Homeland Security agents’ work by arguing that “illegal votes dilute the ballots of U.S. citizens and undermine our democracy.””
SupportedThe lawsuit said, “Congress did not create the Department of Homeland Security to oversee elections or determine who is eligible to vote.”El País English: ““Congress did not create the Department of Homeland Security to oversee elections or determine who is eligible to vote,” reads the lawsuit filed in September.”
SupportedHomeland Security Secretary Markwayne Mullin said about 250,000 noncitizens were registered to vote in a handful of states.El País English: “Homeland Security Secretary Markwayne Mullin said in July that about 250,000 noncitizens were registered to vote in a handful of states.”
SupportedCEIR said sweeping allegations about possible noncitizen registration or voting “appear to arise from misunderstandings, mischaracterizations, or outright fabrications about complex voter data.”El País English: ““CEIR’s review finds that sweeping allegations about possible noncitizen registration or voting appear to arise from misunderstandings, mischaracterizations, or outright fabrications about complex voter data,” it said on its website.”
SupportedThe Justice Department sued California election officials over their refusal to help verify whether more than 20,000 noncitizens may be improperly listed on voter rolls.El País English: “Last week the Justice Department (DOJ) filed a lawsuit accusing them of refusing to cooperate in verifying whether more than 20,000 people who are not U.S. citizens may be improperly listed on voter rolls.”
SupportedThe federal government asked a Los Angeles judge to set aside ballots “until we confirm that they are U.S. citizens.”El País English: “the federal government asked a Los Angeles judge to issue a preliminary injunction ordering that those ballots be set aside “until we confirm that they are U.S. citizens.””
SupportedIn Monday’s Operation Protect the Vote, federal agents arrested 11 people in California, among 28 defendants accused of illegal registration and, in some cases, voting multiple times.El País English: “On Monday, during a police operation that some consider disproportionate — and which was dubbed “Operation Protect the Vote” — federal agents arrested 11 people in various cities across the state, out of a total of 28 defendants. They are accused of having registered illegally to vote and, in some cases, of having voted multiple times.”