Rights & Freedoms · Report · File No. 261103-873
Judge blocks Trump officials from sending 'noncitizen' voter lists to states
Hours before polls opened, U.S. District Judge Tanya Chutkan barred the Justice and Homeland Security departments from sending election officials lists of voters they called likely noncitizens. She found the lists may be unreliable and could cost eligible citizens their votes.
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On Monday, the night before the midterm election, a federal judge in Washington, D.C., ordered the Trump administration to stop sending state and local election officials lists of registered voters it says may not be citizens 12. U.S. District Judge Tanya Chutkan issued a preliminary injunction, a temporary order that stays in place while the lawsuit goes forward 13.
The order covers the Department of Justice (DOJ) and the Department of Homeland Security (DHS). It also bars officials from asking states to set those voters' ballots aside, or to hold off counting them until citizenship is proven 2. Chutkan said the administration's data may not be reliable, which could disenfranchise lawfully registered voters 2.
What the judge ordered
The ban covers sharing the lists with anyone who registers voters, processes ballots or certifies results 3. The government had to file a report within 24 hours confirming it had complied and naming a senior official responsible for keeping it in compliance 3. Chutkan also put on hold what the plaintiffs call the administration's "voter data transmission policy" 1.
The order has limits. Federal agencies can still answer one-at-a-time citizenship checks through SAVE, the Systematic Alien Verification for Entitlements database, and can still prosecute actual violations of federal law 3. The ruling does not settle the lawsuit itself 3.
The League of Women Voters, the League of United Latin American Citizens (LULAC) and the Electronic Privacy Information Center (EPIC) filed the suit on October 15 3. Lawyers from Democracy Forward and Citizens for Responsibility and Ethics in Washington (CREW) represent them 5. The suit says the administration built a national voter database covering at least 47 states 1.
A 1974 privacy law at the center
The groups argued that the program breaks the Privacy Act of 1974, a law that limits how the federal government can share sensitive personal records 2. In a 30-page opinion, Chutkan found that sending the lists to states in bulk likely violates that law 4. She also found the groups were likely to win their argument that no law authorizes the program at all 1.
This constitutes a violation of the Privacy Act's procedural requirements.
Chutkan pointed to the government's failure to publish public notices the Privacy Act requires for its voter databases 4. She also rejected the government's argument that the closeness of the election meant courts should stay out. She said that principle actually favored her stepping in 1.
Lists that flagged citizens
The case record shows why election officials doubted the lists. In Los Angeles County, the DOJ handed over a drive listing more than 20,000 people it called likely noncitizens. Only 7,035 of them had addresses in the county 1. DHS also claimed that 15,903 noncitizens were registered in Nevada. A state review found that the people it flagged were citizens 1.
According to CREW, government lawyers admitted under questioning that the lists had wrongly labeled U.S. citizens as noncitizens 5. That matters because a wrong label can mean a citizen's ballot gets set aside or questioned. That includes naturalized Americans who have voted legally for decades.
Washington state shows how this played out. On October 26, federal prosecutors said agents had found 405 noncitizens who registered and voted there. They asked the state to sequester, or set aside, those ballots 7. Acting U.S. Attorney Neil Floyd stood by the count.
With the highest level of confidence I have, these are people that are registered to vote, have voted, and are not citizens
Floyd said the names came from questioning immigration detainees and people crossing the border, checked against immigration databases and public voter records 7. Washington Secretary of State Steve Hobbs answered in a letter on October 28. He said the list was a PDF with no voter ID numbers or addresses, contained duplicates, and gave the wrong date for the election 6. His office said one record dated from 1994 7.
This list includes United States citizens and is not reliable.
The government's side
In a Saturday court filing, the DOJ said its letters to California and Washington were part of an effort to enforce a federal law that bans noncitizens from voting. It said the letters were not a separate policy a federal court could review 2. Its lawyers also argued that the groups suing had no standing, meaning no legal right to sue, and that only individuals, not organizations, can sue under the Privacy Act 4.
Chutkan disagreed on standing. She found that the policy hurt the League's ability to register voters before the midterms 4. The DOJ and DHS did not respond to requests for comment on the ruling, according to a report on the plaintiffs' announcement 8.
The court made clear that the Trump administration is not above the law.
One of several election-eve losses
The ruling came during a busy Monday in court. The Supreme Court turned down the DOJ's emergency request to force California to set aside ballots from about 20,000 people the government calls noncitizens 9. Chief Judge James Boasberg separately barred the government from demanding that California officials separate ballots based on the lists 9.
In a separate case brought by the NAACP, Judge Reggie Walton declined to block the DOJ's poll-monitoring program. He did order that the monitors not be law enforcement officers, not carry weapons and not make arrests 9.
The pattern is clear. With days to go before the vote, the administration pushed states to treat voters on its lists as suspects. Several courts have now said that federal agencies must follow the law, too.
The Record
- The League of Women Voters and other voting rights and privacy groups file suit over the federal voter-list program 3.
- Federal prosecutors say 405 noncitizens registered and voted in Washington state and ask the state to set their ballots aside 7.
- Washington Secretary of State Steve Hobbs replies that the DOJ list includes U.S. citizens and is not reliable 6.
- The Supreme Court denies the DOJ's emergency request to force California to set aside about 20,000 ballots 9.
- Judge Tanya Chutkan bars the DOJ and DHS from sending 'noncitizen' voter lists to election officials 13.
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Sources
- Raw Story, “Judge blocks Trump voter-list scheme and puts his arch on short leash on election eve” (2026-11-02). rawstory.com/trump-chutkan-2678195317/
- Reuters (via WKZO), “Judge blocks Trump administration from pressuring states over noncitizen voting” (2026-11-02). wkzo.com/2026/11/02/judge-blocks-trump-administration-from-p
- Newsweek, “Trump's DOJ Blocked From Sending 'Noncitizen' Voter Lists” (2026-11-02). newsweek.com/trump-block-noncitizen-voter-lists-12653739
- The Epoch Times, “Judge Orders Federal Officials to Stop Sending Lists of Noncitizen Voters to States” (2026-11-03). theepochtimes.com/us/judge-orders-federal-officials-to-stop-
- Citizens for Responsibility and Ethics in Washington, “Judge blocks Trump administration scheme to disenfranchise voters” (2026-11-03). citizensforethics.org/news/press-releases/judge-blocks-trump
- KOMO News, “Washington secretary of state says DOJ's claims of noncitizens voting 'deeply flawed'” (2026-10-28). komonews.com/news/local/washington-secretary-of-state-says-d
- WJLA / KOMO News, “Department of Justice claims it found 400 non-citizens on Washington voter rolls” (2026-10-26). wjla.com/news/nation-world/department-of-justice-washington-
- NJ Today, “Judge orders halt to federal 'likely noncitizen' voter lists, groups say” (2026-11-03). njtoday.news/2026/11/03/judge-orders-halt-to-federal-likely-
- Raw Story, “Observers go wild after 'flurry of late night' rulings hammer Trump admin's election plots” (2026-11-02). rawstory.com/trump-election-2678195806/
Found an error? Tell the newsroom. Corrections are noted at the top of the story.
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