Federal Judge Bars DOJ From Threatening California Election Workers Over Noncitizen Ballots Through Nov. 16

Since the Justice Department began pressing California counties this month to separate out mail ballots from roughly 20,000 people it says are not U.S. citizens, the fight has moved from letters to grand jury subpoenas to federal court. On Friday night, Oct. 30, it produced the most sweeping order yet.

U.S. District Judge Trina Thompson granted a temporary restraining order, one day after labor unions and civil rights groups sued. The plaintiffs are the Service Employees International Union, the American Federation of State, County and Municipal Employees, the League of United Latin American Citizens and the NAACP. Their complaint names Attorney General Todd Blanche and other top DOJ officials.

What the order does

The eight-page order bars the government from any action that may "threaten, intimidate or coerce state or local elections officials or workers to demand that they halt processing the ballots of any registered voter solely on the basis that the ballot belongs to an individual alleged by [the administration] to be ineligible to vote."

It also tells the administration to stop pushing workers to remove certain people from voter rolls, deny ballot requests, or set aside ballots for people it suspects are ineligible.

Thompson added a reporting requirement. The Justice Department must tell the court about any pending search warrant applications or subpoenas.

The order runs through Nov. 16. A hearing is set for Nov. 13.

The judge's findings

Thompson wrote that "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."

She found federal officials have likely violated the Voting Rights Act of 1965's ban on "attempting to intimidate, threaten or coerce" people who help others vote. She also found the government was acting outside its legal or constitutional authority.

The judge cited the calendar. "Ballots have already been issued. Americans have already begun voting. Workers have already begun processing ballots," she wrote. "Given the consequences of inaction, the Court sees no reason to delay its ruling."

A restraining order is a preliminary step. Thompson's findings are about likelihood of success, not a final ruling on the merits.

The government's stated purpose

The administration's argument is on paper in its own letters. On Oct. 22, First Assistant U.S. Attorney Bilal Essayli wrote to a San Bernardino County election official that "federal law prohibits noncitizens from voting in federal elections" and asked for help "to protect the integrity of the ongoing federal election." He attached a list of "1133 likely aliens" registered in that county.

The DOJ sent similar letters to 57 of California's 58 counties, directing officials to cooperate with its illegal-voting investigations or face investigations themselves. A separate letter a week earlier, according to the complaint, warned officials they would "risk significant federal scrutiny" if they declined to help identify potential noncitizens on their rolls.

Thompson acknowledged that stated goal. "Although Defendants claim that their actions are designed to halt unlawful voting by noncitizens, their actions are likely to have the effect of interfering with election administration and disenfranchising lawful voters," she wrote.

Noncitizen voting in federal elections is illegal, and the order does not change that. No source in this case has presented verified evidence of how many of the listed names are actually noncitizens who cast ballots. The disputed lists are the government's own identifications.

Court losses pile up

The restraining order followed another California ruling on Wednesday. A federal judge there denied the DOJ's request to force the state to set aside more than 20,000 ballots, finding the demand violated "longstanding constitutional principles" that give states authority to administer their own elections.

The administration appealed. On Friday a split federal appeals court panel upheld that ruling.

A similar effort to require Washington state to separate out ballots is still pending.

A wider campaign

The California fight is one piece of a national push. The DOJ has issued grand jury subpoenas to officials in Los Angeles County. This week it sent letters to election officials in all 50 states threatening potential prosecution if they fail to preserve election records.

Civil Rights Division head Harmeet Dhillon also sent letters in July to all 50 states and Washington, D.C., warning that local election officials could face criminal prosecution, according to the lawsuit.

The Justice Department and the White House have not publicly responded to Thompson's order. The next dates are fixed. Election Day is Tuesday, Nov. 3, the hearing is Nov. 13, and the order expires Nov. 16. It is not yet clear whether the administration will seek emergency appellate relief before then.