Judge curbs DHS efforts to conduct sweeps for possible noncitizen voters
A federal judge ruled DHS's practice of knocking on doors and asking people about their immigration status — and whether they have voted in recent elections — likely violates the Voting Rights Act.
Key points
- A federal judge ruled that DHS door-knocking on immigration and voting status likely violates the Voting Rights Act.
- The order bars elections-related field operations in nine states, including California and New York, until polls close on Election Day.
- The judge stayed her ruling until 5 p.m. Friday to allow the government to seek an appeal.
A federal judge ruled late Wednesday that the U.S. Department of Homeland Security's practice of knocking on doors to ask about immigration status and recent voting likely violates the Voting Rights Act. The ruling came after a CBS News investigation earlier Wednesday documented the operation, in which Homeland Security Investigations posted photos and videos of agents approaching homes in multiple states.
U.S. District Judge Araceli Martinez-Olguin ordered federal immigration authorities to stop carrying out elections-related field operations and field interviews in nine states, including California and New York, when the operations are likely to involve people officials know or should reasonably know are U.S. citizens. The order remains in effect until polls close on Election Day, though she stayed the ruling until 5 p.m. Friday to give the government a chance to seek an appeal.
Judge's reasoning
Martinez-Olguin sided with groups that sued over the noncitizen voting investigation surge, including the California Nurses Association and National Nurses United. She found the policy likely violated a Voting Rights Act section that makes it illegal to intimidate, threaten or coerce those who assist people with voting or engage in voter mobilization.
The judge wrote that the plaintiffs did not seek to make investigations into unlawful voting illegal, but rather to stop DHS from investigating U.S. citizens in an intimidating way. She also cited a high likelihood of error in the government's process for building a list of potential targets from government and commercial data.
It was clear from the start that DHS built its lists on bad data, never checked how often it was wrong, and recklessly sent agents to people's homes weeks before an election.
— Beau Tremitiere
What officials said
Homeland Security said in a statement Thursday that it is focused on identifying, prosecuting and removing noncitizens who vote and dilute the votes of U.S. citizens. The department added that it has no plans to question or investigate people it believes to be U.S. citizens.
Beau Tremitiere, counsel at Protect Democracy, one of the groups that sued, said the ruling should remind people that American citizens hold the ultimate power in democracy. The Justice Department reported earlier this week that it arrested several dozen green card holders in California on allegations they illegally registered to vote.
