Federal judge blocks DHS from election-related sweeps in nine states

Preliminary injunction bars armed agents from questioning voters until polls close on Election Day

By LineZotpaper

Published22 October 2026

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A federal judge on Wednesday night blocked the Department of Homeland Security from conducting election-related field operations that could sweep up U.S. citizens in nine states, ruling that the public's right to vote free of intimidation outweighs the administration's interest in investigating noncitizen voting.

Judge Araceli Martínez-Olguín, a Biden appointee in the U.S. District Court for the Northern District of California, issued the preliminary injunction after voting rights advocates alleged that Homeland Security was sending armed agents to homes to question residents about their voter status. The order applies to California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin until polls close on Election Day. The judge paused her order until Friday, giving the Trump administration time to appeal.

The lawsuit was filed by San Francisco, Santa Clara, the California Nurses Association, National Nurses United and the Voto Latino Foundation. The plaintiffs argued that the operations created an “objectively reasonable fear of law enforcement entanglements that intimidates citizens from urging or aiding others in exercising their right to vote,” according to the judge's findings.

“Today, the courts affirmed a vital principle of our democracy: Voting is a fundamental right that citizens – whether born here or naturalized – should be able to exercise without armed government agents harassing them,” Beau Tremitiere, a lawyer at Protect Democracy, said in a statement.

A Homeland Security Investigations internal memo dated Aug. 31 describes a “surge initiative” beginning Sept. 1 that includes conducting field interviews in California, Georgia, Missouri, Pennsylvania, Washington and Wisconsin. Additional locations were redacted. In court filings, Department of Justice lawyers representing DHS argued that the federal government has the authority to investigate potential voting by noncitizens. “Enjoining the government from even investigating such criminal violations would damage the public interest, not serve it,” they wrote.

Analysis

Why This Matters

The ruling directly affects how DHS can operate during elections, potentially shielding millions of voters from intimidation.
It marks a legal setback to the Trump administration's campaign against noncitizen voting as midterm elections approach.
The case highlights ongoing tensions between federal election enforcement and state-level voting rights.

Background

The Trump administration has intensified efforts this fall to investigate noncitizen voting, a practice that studies show rarely occurs. The Department of Justice is separately suing California to prevent state and local officials from counting ballots of roughly 20,000 voters the federal government suspects are noncitizens. Voting rights groups have pushed back, arguing armed federal presence near polling places or during voter outreach efforts is intimidating.

Key Perspectives

Voting rights advocates: Armed agents questioning residents about voter status creates a chilling effect on citizen participation. The injunction protects both voters and those conducting voter outreach. Trump administration: The federal government has the authority and duty to investigate potential violations of election law. Blocking such investigations damages the public interest. Critics/Skeptics: Even if noncitizen voting is rare, the lack of enforcement could erode confidence in election integrity. The judge's pause on the order suggests she anticipates a possible reversal.

What to Watch

Whether the Trump administration appeals before Friday when the pause on the injunction expires.
How DHS adjusts its operations in the nine states if the injunction stands.
The outcome of the separate DOJ lawsuit against California over the 20,000 suspected noncitizen voters.

Sources

Judge blocks DHS from conducting election-related sweeps in 9 states · CT Mirror

Checked

9 claims in this story checked against 1 source: 6 supported.

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SupportedA federal judge blocked DHS from election-related operations in nine states.CT Mirror: “A federal judge on Wednesday night blocked the Department of Homeland Security from conducting election-related field operations that could sweep up U.S. citizens in nine states.”
Partly supportedThe injunction bars armed agents from questioning voters until polls close on Election Day.CT Mirror: “The injunction bars operations in California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin until polls close on Election Day”
SupportedThe judge ruled that the public’s interest in voting free of intimidation outweighed the administration’s interest in investigating noncitizen voting.CT Mirror: “Martínez-Olguín found that the importance of the public voting free of intimidation outweighed the Trump administration’s interest in rooting out noncitizen voting.”
SupportedVoting rights advocates alleged that DHS was sending armed agents to homes to question residents about voter status.CT Mirror: “after voting rights advocates alleged that Homeland Security was sending armed agents to homes to question residents about their voter status.”
Partly supportedThe judge paused the order until Friday to give the Trump administration time to appeal.CT Mirror: “But she paused her order until Friday, presumably to give the Trump administration time to appeal.”
Partly supportedThe plaintiffs argued that the operations created the quoted fear of law-enforcement entanglements intimidating citizens from helping others vote.CT Mirror: “The evidence in the case, she wrote, leads to an “objectively reasonable fear of law enforcement entanglements that intimidates citizens from urging or aiding others in exercising their right to vote.””
SupportedBeau Tremitiere said, “Today, the courts affirmed a vital principle of our democracy: Voting is a fundamental right that citizens – whether born here or naturalized – should be able to exercise without armed government agents harassing them.”CT Mirror: ““Today, the courts affirmed a vital principle of our democracy: Voting is a fundamental right that citizens – whether born here or naturalized – should be able to exercise without armed government agents harassing them,” Beau Tremitiere, a lawyer at the legal advocacy group Protect Democracy, which represented the plaintiffs, said in a statement.”
SupportedA DHS Investigations memo dated Aug. 31 describes a surge initiative beginning Sept. 1 that includes field interviews in six named states, with additional locations redacted.CT Mirror: “A Homeland Security Investigations internal memo dated Aug. 31 describes a “surge initiative” beginning Sept. 1 that includes conducting field interviews. The memo, which was filed in court, identifies California, Georgia, Missouri, Pennsylvania, Washington and Wisconsin as targets of the surge during September. Additional locations are redacted in the document.”
SupportedDOJ lawyers representing DHS argued that the federal government has authority to investigate potential voting by noncitizens and wrote, “Enjoining the government from even investigating such criminal violations would damage the public interest, not serve it.”CT Mirror: “In a previous court filing, Department of Justice lawyers representing DHS have argued that the federal government has the authority to investigate potential voting by noncitizens. “Enjoining the government from even investigating such criminal violations would damage the public interest, not serve it,” they wrote.”