Federal Judge Orders Trump Administration to List States Targeted in Non-Citizen Voting Push

Federal Judge James Boasberg ordered the Trump administration to identify every state that received warning letters from the Justice Department regarding the counting of votes from non-citizens. The ruling came on Thursday as the midterm legislative elections approach next week. The judge requires the government to submit this list by Friday.

The order follows a lawsuit filed last week by senior Democratic Party officials. The plaintiffs include Senate Minority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries. They seek to prevent the federal government from interfering with state election procedures. The suit asks the court to stop federal officials from removing legally registered voters from state rolls or blocking states from counting ballots.

The dispute centers on whether the Justice Department has contacted election officials in states other than California and Washington. The government sent letters to officials in those two states. The letters warned that officials could face criminal charges if they knowingly kept non-citizens on their voter registration lists. The plaintiffs want to know if other state officials received similar correspondence.

Judge Boasberg will rule on the Democrats' request for a preliminary injunction by Monday. That date is one day before the election. However, the judge noted that the government could resolve the issue at any time. It could file a document stating it will not engage in the specific actions the plaintiffs challenged in their lawsuit.

The lawsuit cites recent federal actions in California. The Justice Department sued to stop California officials from counting mail ballots cast by people identified as probable non-citizens. This count was paused until the government could confirm their immigration status. A federal judge ruled in California's favor on Wednesday. The Justice Department appealed that decision immediately.

Government attorneys argue that federal authorities have found evidence of illegal voting by non-citizens in the upcoming midterms. They claim that evidence from states and Justice Department investigations supports their position. The administration maintains that the plaintiffs' complaints are too vague and hinder the government's constitutional duty to enforce federal laws.

During the hearing, Judge Boasberg expressed doubt that the plaintiffs proved the necessary legal standing to bring the suit. He noted that the government's letters do not force states to take action unless a court orders them to. Christian Dibblee, an attorney for the Justice Department, addressed the court on this point.

"It's up to them. That's their decision," Dibblee said. "They are just being notified of a potential violation of federal law."

Uzoma Nkwonta, the attorney for the plaintiffs, asked the judge to end what he called an unprecedented campaign by the government to interfere with state election duties. Judge Boasberg acknowledged the legitimacy of the government's concerns but questioned the legal basis for their actions.

"I don't doubt that they have legitimate concerns," Boasberg said. "The hardest question for me is their standing to do it."