DHS can still probe voter fraud but judge closes door on key plans in 9 states with a twist

In a 19-page ruling, the judge clarified that neither the plaintiffs nor the court considered DHS's operation unlawful
A California federal judge blocked the Department of Homeland Security from pursuing most of its field operation targeting voter irregularities (Getty Photos | Chip Somodevilla)
A California federal judge blocked the Department of Homeland Security from pursuing most of its field operation targeting voter irregularities (Getty Photos | Chip Somodevilla)

WASHINGTON, DC: In a Wednesday night, October 21, ruling, a federal judge blocked the Department of Homeland Security's (DHS) planned key ground operations in 9 states until midterm voting ends on November 3.

Notably, the DHS can carry out its plan in other locations.

The plaintiffs are California Nurses Association (CNA), National Nurses United (NNU), San Francisco, Santa Clara and the Voto Latino Foundation, represented by Protect Democracy and the National Immigration Law Center.

Judge bars DHS interviews of likely citizens

A federal judge in California has stopped DHS from pursuing most of its field operation intended to catch voter irregularities.

Homeland Security Secretary Markwayne Mullin testifies before the House Appropriations Homeland Security Subcommittee in the Rayburn House Office Building on Capitol Hill on June 25, 2026, in Washington, DC (Getty Photos | Chip Somodevilla)

In a written preliminary injunction issued on Wednesday night, US District Judge Araceli Martínez-Olguín barred DHS from conducting “elections-related field operations and field interviews” in California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin.

However, the ruling has a twist. The judge has only blocked the operations in cases where DHS agents “know, suspect, or should reasonably know or suspect are US citizens.”

In a 19-page ruling, the judge clarified that neither the plaintiffs nor the court found that the operation being carried out by DHS is unlawful.

“Plaintiffs do not claim, nor does the Court find, that it is unlawful for federal officials to undertake investigations into unlawful voting in federal elections,” the judge wrote.

“Rather, Plaintiffs seek to stop DHS from continuing to investigate US citizens, who have a legal right to vote, in a way that intimidates and threatens the participation of CNA/NNU members from urging or aiding others to vote,” the ruling added.

Judge says DHS list was unreliable and could wrongfully target US citizens

The judge also observed that the federal department relied on “a target list of such individuals from a variety of sources” that were “voluminous and unreliable” for the operation.

Voting booths at a polling location on September 8, 2026, in Manchester, New Hampshire (CJ Gunther/Getty Images)

She noted that “even under the best conditions, there is a high likelihood of error in review because there is no federal database containing citizenship status of US residents.”

“The time limitations implemented during the Surge further exacerbate the risk of error,” Martínez-Olguín wrote, adding that DHS agents were ordered to take “no more than twelve minutes to eliminate a person from the target list using the commercial databases.”

What the ruling means before Election Day

The block comes less than two weeks before the midterm election on November 3, as Mullin has attempted to launch operations across the country into alleged voter fraud.

President Donald Trump speaks on stage on the first day of the 2026 Republican National Convention at the American Airlines Center on September 9, 2026, in Dallas, Texas (Getty Photos | Tasos Katopodis)

Martínez-Olguín’s order will remain in effect until Election Day at 8 pm “or when polling places close.”

The restriction on operations in 9 states could hurt GOP enthusiasm and disrupt key election integrity narratives, as the California voter list was also on the DHS's target list.

Other lawsuits filed against the administration are pending, including one where the city of Denver argued ICE agents violated federal law that prohibits the presence of “troops at polls.”

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