Voting Rights · Report · File No. 261031-482
Appeals court keeps limits on DHS voter-fraud probes in nine states through Tuesday
The Ninth Circuit refused to rehear a ruling that leaves a judge's order in place. The order limits federal agents' questioning of likely U.S. citizens about voting, through Election Day.
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A federal appeals court has left in place limits on the Trump administration's voter-fraud investigations in nine states. The limits will stay through Tuesday's midterm election. On Friday, the Ninth Circuit declined to have a larger group of its judges reconsider a three-judge panel's refusal to pause the order 1.
The order covers California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin 12. It limits certain field operations and interviews by federal agents. The limits apply when the people involved are known, suspected, or reasonably should be suspected to be U.S. citizens 1.
How the case got here
U.S. District Judge Araceli Martínez-Olguín issued the preliminary injunction on October 21 1. A preliminary injunction is a temporary order that stays in place while a lawsuit continues. The judge found the effort relies on data full of errors and leads to intimidation of groups doing voter assistance. She called the lists of voters to check "voluminous and unreliable" 2.
The case was brought in September by the California Nurses Association, National Nurses United, the Voto Latino Foundation, Santa Clara County and San Francisco 1. The nursing groups said their citizen members feared being wrongly investigated or detained. Some had cut back election-related activities as a result 1. Their attorney, Beau Tremitiere, said the Department of Homeland Security (DHS) "built its lists on bad data" 2.
From Channel GOPThompson: Trump's DHS hid ICE killing of citizenBennie Thompson · 159 plays · captioned, with the source named
The Trump administration appealed and asked to put the order on hold. A Ninth Circuit panel denied that request Friday. It said the government had not shown the irreparable harm needed for a stay 1. A majority of the court's nonrecused active judges did not vote to rehear the order, according to the court's October 30 filing 1.
The dissent and the government's response
Seven judges dissented from the decision not to rehear the case. Judge Eric Tung wrote a 33-page dissent arguing the lower court had improperly restricted legitimate law enforcement 1. The dissent does not change the injunction 1.
By enjoining the government from even investigating illegal voting, the district court departed from its limited role
DHS has said it is focused on "removing aliens who vote," and that it has "no plans to question or investigate people we believe to be U.S. citizens" 2. On Fox News Saturday, DHS Secretary Markwayne Mullin said, "We're investigating over 300,000 cases." Newsweek noted that the figure counts cases under investigation, not confirmed illegal voting 1.
According to the court record, U.S. Citizenship and Immigration Services compares voter data against federal and commercial databases. It then manually reviews possible matches. Cases can go to Homeland Security Investigations, whose armed agents have visited homes to ask about citizenship and voting 1.
Why it matters
The judge found the data behind these probes unreliable, and the Brennan Center's Wendy Weiser has said the tactic risks intimidating legitimate voters 12.
In a separate case Friday, U.S. District Judge Trina Thompson temporarily barred DOJ and DHS officials nationwide from threatening state and local election workers with prosecution for counting ballots lawfully. That ruling is temporary and does not resolve the lawsuit 1. The Justice Department has also sued 30 states for unredacted voter roll data and has lost each case so far, the Associated Press reported 2.
The injunction is set to last until polls close Tuesday, November 3 2. The appeal itself continues 1.
The Record
- Judge Araceli Martínez-Olguín grants a preliminary injunction limiting DHS voter-investigation operations in nine states 12.
- The Ninth Circuit panel denies a stay, and the court's October 30 filing records that a majority of nonrecused active judges did not vote to rehear the order, with seven judges dissenting 1.
- Election Day, when the injunction is set to run until polls close 2.
Sources
- Newsweek, “Appeals Court Keeps Trump Voter Fraud Probes Limited Before Midterms” (2026-10-31). newsweek.com/trump-voter-fraud-probes-limited-nine-states-mi
- AP (via WDBJ7), “Federal judge orders Trump administration to halt noncitizen voting investigation in 9 states” (2026-10-22). wdbj7.com/2026/10/23/federal-judge-orders-trump-administrati
Found an error? Tell the newsroom. Corrections are noted at the top of the story.
More from the files
Civil rights groups sue DHS, saying it unlawfully targets naturalized citizens' votes
OCA-Asian Pacific American Advocates and Common Cause say a DHS program flags naturalized citizens as possible illegal voters. DHS has also asked an appeals court to let its field operations in nine states resume before Tuesday.
Judge bars DHS door-to-door voter checks of citizens in nine states until Election Day
A federal judge in Oakland ruled that Homeland Security's door-knocking about immigration status and voting likely breaks the Voting Rights Act. The order is paused until Friday so the government can appeal.
Judge halts DHS door-knocking hunt for noncitizen voters in nine states until Nov. 3
A federal judge found that Homeland Security's search for noncitizen voters relied on "voluminous and unreliable" lists and likely broke the Voting Rights Act's ban on intimidation. She put her order on hold until 5 p.m. Friday so the administration could appeal.
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