A federal judge in California has issued a significant ruling halting the federal government from threatening local and state election officials with criminal prosecution. The order, handed down by Judge Trina Thompson, mandates that the Department of Justice (DoJ) and the Department of Homeland Security must cease demands that election workers sequester or refuse to process ballots that the administration alleges may originate from non-citizen voters.
The legal standoff began earlier this month when the Justice Department issued letters to California’s secretary of state and the Los Angeles County Registrar. The correspondence demanded that officials set aside approximately 20,000 ballots belonging to registered voters whom the administration identified as likely non-citizens. Following these demands, armed agents from the Department of Homeland Security reportedly delivered additional letters to county employees, explicitly warning of criminal charges if the requested ballots were not sequestered.
Local officials and legal experts argued that complying with such directives would violate established state and federal election protocols. In her ruling, Judge Thompson observed that forcing officials to alter the processing of these ballots would likely result in chaos during the electoral process. She noted that while the administration maintains its actions are intended to prevent unlawful voting, the methods employed risk significantly interfering with election administration and potentially disenfranchising eligible, lawful voters.
The controversy extends beyond California, as the administration reportedly directed similar demands to officials in Washington state, ordering the secretary of state there to cease processing certain ballots. In response to the federal government’s actions, including the initiation of a criminal investigation involving grand jury subpoenas directed at county officials, various civil rights groups and unions representing election workers filed a formal legal complaint against the government.
President Donald Trump, who has frequently alleged that voter fraud is rampant across the United States, criticized the court's decision. On Saturday, the president took to social media to question the judicial restraint, asking why officials would reject efforts to address alleged fraud. He has consistently campaigned on the theme of election integrity, including offering a $1 million reward for information leading to convictions in cases of voter fraud.
Despite these claims, independent research and data suggest that documented cases of non-citizen voting are extremely rare. According to information cited by BBC Verify, the Heritage Foundation’s own database identified only 24 instances of non-citizens being convicted for illegal voting between 2005 and 2025. Nevertheless, the President has continued to cast doubt on the security of the electoral system, particularly regarding postal voting, as the nation approaches the 3 November midterm elections.
The midterm contests are pivotal, as they will determine which political party gains control of the US Congress for the final two years of the current presidential term. As the administration vows to continue its fight for what it terms election integrity, the ruling stands as a major legal barrier to the government's recent attempts to intervene in local ballot management. The judicial order effectively provides protection for election workers tasked with carrying out their official duties under existing state and federal law without the threat of federal prosecution.
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