DHS can still probe voter fraud but judge closes door on key plans in 9 states with a twist
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.
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.
BREAKING: CALIFORNIA FEDERAL JUDGE BLOCKS DHS FIELD OPERATIONS ON NONCITIZEN VOTING IN NINE PRIMARILY DEMOCRAT STATES JUST DAYS BEFORE MIDTERMS A Federal District Judge In California Issued A Preliminary Injunction On October 21 Barring The @DHSgov From Conducting Elections-Related Field Operations & Field INTERVIEWS In California Connecticut Georgia Missouri Nevada New York Pennsylvania Washington & Wisconsin When Agents Know Suspect Or Should Reasonably Know Or Suspect Involvement Of U.S. Citizens. U.S. District Judge Araceli Martínez-Olguín A Biden Appointee Granted The Request Filed By The California Nurses Association National Nurses United & Other Plaintiffs. The Court Found Likelihood Of Success On A Claim Under Voting Rights Act Section 11(B) That The Administration's Unlawful Voter Initiative & Surge Initiative Generate Objectively Reasonable Fear Of Intimidation Among Individuals Engaged In Voter Assistance & Mobilization. The Injunction Rests On The Judge's Assessment That Target Lists Drawn From Voluminous Datasets — Including Tens Of Millions Of Records From Independent Sources Of Questionable Provenance Official State Rolls & Commercial Data — Carry A High Risk Of Error. These Lists Are Enriched Through Software Tools & Subject To Strict Review Time Limits In The Absence Of A Comprehensive National Citizenship Database. The Order Specifically Prohibits Operations Based On TECS Records Generated From The Voter Eligibility Matching Policy & Remains In Effect Until November 3 At 8 P.M. Or When Polls Close Though It Is Stayed Until 5 P.M. On October 23. This Ruling Constitutes A Significant Judicial Incursion Into The Executive Branch's Core Constitutional Responsibilities Under Article II. The President & Officials Charged With Taking Care That The Laws Be Faithfully Executed Hold Authority To Investigate Violations Of Federal Statutes Criminalizing Noncitizen Voting In Federal Elections & To Conduct Related Immigration Enforcement. By Substituting A Single District Judge's Evaluation Of Data Reliability For The Judgment Of DHS Officials The Order Effectively Constrains The Executive's Ability To Pursue Potential Federal Crimes Through Field Investigation In The Final Weeks Before An Election. The Court Itself Acknowledged That Investigations Into Unlawful Voting Remain Lawful Yet The Scope Of The Relief Substantially Limits The Practical Exercise Of Those Powers Based On Concerns Over Imperfect Data Sources That The Agency Must Necessarily Navigate.
— John Basham (@JohnBasham) October 22, 2026
“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.
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.
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.”
