A Biden-appointed federal judge has ordered the Trump administration to immediately cease key aspects of its noncitizen voter investigation operations in nine states just days before the November 3 midterms. The preliminary injunction restricts election-related field operations and interviews when federal agents know, suspect, or reasonably should suspect a person is not a U.S. citizen. It does not declare all unlawful noncitizen voting investigations illegal.
U.S. District Judge Araceli Martínez-Olguín issued the order Wednesday in California Nurses Association v. Mullin. The covered states are California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington, and Wisconsin. The ruling targets the administration’s targeting process and field tactics, noting that initial lists were assembled from state, local, public, and commercial data before being reviewed under tight time limits for potential interviews.
The court found plaintiffs likely to succeed on a Voting Rights Act claim involving intimidation of citizens engaged in voter assistance and mobilization. The injunction temporarily blocks specific operations that could sweep citizens into field interviews while the broader case proceeds. It does not require federal officials to ignore suspected illegal voting but restricts certain investigative actions pending final adjudication.
The ruling coincided with the Justice Department’s announcement of criminal charges against 28 foreign nationals in California for alleged election crimes. All defendants are lawful permanent residents, not U.S. citizens. Prosecutors allege many falsely claimed citizenship during registration and several cast ballots in federal elections. The California operation generated 28 cases across all four federal districts in the state, with eleven arrests made October 19.
DHS shared a statement from California federal prosecutor Bill Essayli explaining why the administration views even one unlawful ballot as a constitutional injury to lawful voters. A separate New York complaint accuses a German national and lawful permanent resident of knowingly voting for federal office—a charge also presumed innocent pending trial.
DHS reported its preliminary California universe included up to 190,832 records requiring manual review, while roughly 20,000 names were later referenced in Justice Department litigation. The administration clarified these figures represent different stages of review, not a final determination that all individuals voted illegally.
The injunction remains effective until 5 p.m. Pacific Time on Friday to allow the administration time to appeal. Unless a higher court intervenes, restrictions will stay in place through Election Day polling closures.