A federal judge on Friday blocked the Trump administration from threatening election workers with criminal prosecution for counting ballots cast by registered voters the administration claims are ineligible, an emergency order issued four days before the midterms that also forces the Justice Department to walk back threats already sent to election officials.
U.S. District Judge Trina Thompson found that the Justice and Homeland Security departments likely violated the Voting Rights Act's prohibition on voter intimidation and exceeded their constitutional authority over elections. Her temporary restraining order prohibits demands that states remove registered voters, withhold their ballots or stop counting votes solely because the administration claims the voters are ineligible, and bars threats of criminal prosecution against election workers who refuse those demands or process ballots in accordance with election laws. The judge also ordered prosecutors to disclose pending search warrant applications, grand jury subpoenas and other demands related to its lists of allegedly ineligible voters.
The ruling adds to a series of courtroom losses for the administration, as federal officials intensify election-related investigations and challenges across the country. Since May 2025, the DOJ has filed 31 lawsuits seeking sensitive voter records; 27 have been dismissed. In July, it warned election officials in all 50 states they could face criminal charges for knowingly allowing noncitizens to vote, and on Thursday it sent another round of letters nationwide warning of criminal penalties for violating election-record preservation requirements.
Thompson found the administration's actions forced election workers to choose between complying with "Defendants' unlawful demands" or risking criminal prosecution for performing their jobs. "In the lead-up to the election," she wrote, "high-ranking DOJ and DHS officials have engaged in a campaign to intimidate, threaten, and coerce state and local officials and employees who are engaged in administering the ongoing midterm 2026 election."
The DOJ has defended its election-related actions as necessary to enforce federal prohibitions on noncitizen voting. A spokesperson previously told Axios the government would not wait for a "more convenient time" to enforce election laws. Noncitizen voting in federal elections is already illegal, and research finds it is rare.
In the final days of the election, the administration has stepped up its legal fights across the country. In California, the DOJ sued to set aside ballots from more than 20,000 voters it suspects are noncitizens, threatened election workers and issued grand jury subpoenas; an appeals court rejected its emergency request Friday, warning of "potentially catastrophic effects on the entire system." In Washington, federal prosecutors demanded officials segregate ballots from more than 400 voters, and Secretary of State Steve Hobbs said the federal list included U.S. citizens and was unreliable. In Arizona, prosecutors announced Friday evening an investigation into three Democratic-aligned registration groups after a right-wing outlet published an undercover video, and the DOJ asked the state's and Maricopa County's top election officials to review registrations. In Alaska, the DOJ sued to delay certification if Republican Sen. Dan Sullivan loses reelection and if votes for a similarly named candidate could have changed the outcome; prosecutors also confirmed a criminal investigation into an alleged Democratic effort to recruit the other Sullivan.
In a separate ruling Friday, the 9th U.S. Circuit Court of Appeals left in place restrictions on DHS election-related field operations involving known or suspected U.S. citizens in nine states through Election Day. The underlying order, by Judge Araceli Martínez-Olguín, found that federal threats had already caused citizens to "withdraw from participating in electoral activity." The appeals court also questioned the timing: "In an operation ostensibly focused on past voter fraud, the government could have aggressively pursued its campaign against non-citizen voting well before these elections commenced."
Analysis
Why This Matters
- The order shields election officials from prosecution threats during the four days before the midterms, when ballots are being cast and counted.
- It blocks the federal government from sidelining ballots purely on ineligibility allegations, protecting lawful votes from being set aside.
- It is the latest in a series of courtroom defeats for the administration's election enforcement push, which judges say is driving citizens out of election work.
Background
The ruling is the latest turn in a federal campaign, begun in 2025, to obtain voter records, investigate suspected noncitizen voting and warn state officials of criminal consequences. The DOJ has filed 31 lawsuits seeking voter records, 27 of them dismissed, and has warned officials nationwide about penalties for allowing noncitizens to vote and for violating record-preservation requirements. Noncitizen voting in federal elections is already illegal, and research finds it is rare.
Key Perspectives
Judge Trina Thompson: Found the Justice and Homeland Security departments likely violated the Voting Rights Act's ban on voter intimidation and exceeded their constitutional authority, describing a campaign to intimidate, threaten and coerce election officials.
Justice Department: Defends its election-related actions as necessary to enforce federal prohibitions on noncitizen voting and says it will not wait for a "more convenient time" to enforce election laws.
Steve Hobbs, Washington secretary of state: Says the federal list of voters to be segregated included U.S. citizens and was unreliable.
What to Watch
- Whether the administration appeals Thompson's temporary restraining order before Election Day.
- Whether the DOJ discloses the search warrant applications, grand jury subpoenas and other demands the judge ordered it to reveal.
- Pending fights in California, Washington, Arizona and Alaska, including the Alaska certification lawsuit tied to Sen. Dan Sullivan's race.
Checked
12 claims in this story checked against 1 source: 12 supported.
Show each claim
- SupportedA judge blocked the DOJ from threatening election workers over ballots ahead of the midterms.Axios: “A federal judge Friday blocked the Trump administration from threatening election workers with criminal prosecution for counting ballots cast by registered voters the administration claims are ineligible.”
- SupportedJudge Trina Thompson found that the Justice and Homeland Security departments likely violated the Voting Rights Act.Axios: “U.S. District Judge Trina Thompson found that the Justice and Homeland Security departments likely violated the Voting Rights Act's prohibition on voter intimidation”
- SupportedThe DOJ says its election-related actions are necessary to enforce federal prohibitions on noncitizen voting.Axios: “DOJ has defended its election-related actions as necessary to enforce federal prohibitions on noncitizen voting.”
- SupportedThe emergency order was issued four days before the midterms and forces the Justice Department to walk back threats it had already sent to election officials.Axios: “The emergency order, issued four days before the midterms, prohibits federal pressure to sideline ballots based solely on allegations of ineligibility and forces the Justice Department to walk back threats it already sent to election officials.”
- SupportedThe restraining order bars demands that states remove registered voters, withhold their ballots or stop counting votes solely because the administration claims they are ineligible.Axios: “Her temporary restraining order prohibits demands that states remove registered voters, withhold their ballots or stop counting votes solely because the administration claims the voters are ineligible.”
- SupportedThe order bars threats of criminal prosecution against election workers who refuse those demands or process ballots according to election laws.Axios: “It also bars threats of criminal prosecution against election workers who refuse those demands or process ballots in accordance with election laws.”
- SupportedThe judge ordered prosecutors to disclose pending search warrant applications, grand jury subpoenas and other demands related to lists of allegedly ineligible voters.Axios: “The judge ordered prosecutors to disclose pending search warrant applications, grand jury subpoenas and other demands related to its lists of allegedly ineligible voters.”
- SupportedThompson wrote that high-ranking DOJ and DHS officials had engaged in a campaign to intimidate, threaten and coerce state and local election officials and employees.Axios: “"In the lead-up to the election," she wrote, "high-ranking DOJ and DHS officials have engaged in a campaign to intimidate, threaten, and coerce state and local officials and employees who are engaged in administering the ongoing midterm 2026 election."”
- SupportedSince May 2025, the DOJ filed 31 lawsuits seeking sensitive voter records, and 27 had been dismissed.Axios: “Since May 2025, the DOJ has filed 31 lawsuits seeking sensitive voter records. So far, 27 have been dismissed.”
- SupportedA DOJ spokesperson previously told Axios the government would not wait for a “more convenient time” to enforce election laws.Axios: “a spokesperson previously told Axios the government would not wait for a "more convenient time" to enforce election laws.”
- SupportedThe appeals court warned of “potentially catastrophic effects on the entire system” when it rejected the DOJ’s emergency request in California.Axios: “An appeals court rejected its emergency request Friday, warning of "potentially catastrophic effects on the entire system."”
- SupportedThe 9th Circuit left restrictions on DHS election-related field operations involving known or suspected U.S. citizens in nine states in place through Election Day.Axios: “the 9th U.S. Circuit Court of Appeals left in place restrictions on DHS election-related field operations involving known or suspected U.S. citizens in nine states through Election Day.”