Ninth Circuit Blocks DHS Voter-Fraud Program in 9 States as Trump Weighs Wider Appeal
Updated
Updated · Democracy Docket · Oct 30
Ninth Circuit Blocks DHS Voter-Fraud Program in 9 States as Trump Weighs Wider Appeal
3 articles · Updated · Democracy Docket · Oct 30
Summary
A three-judge Ninth Circuit panel left in place a preliminary injunction barring DHS from sending agents door to door in nine states to question alleged noncitizen voters before Election Day.
The court said the administration failed to show irreparable harm from pausing the program and faulted DHS for launching its enforcement surge only after early voting had begun.
Plaintiffs including pro-voting groups, San Francisco, Santa Clara County and nurses' unions argued the "Unlawful Voter Initiative" intimidated naturalized citizens; judges cited fears heightened by aggressive immigration enforcement.
The program used AI and unverified commercial data to build target lists for often armed ICE interrogations, while the injunction covers California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin.
An anonymous Ninth Circuit judge quickly sought a full-court rehearing vote, and the administration is likely to ask the Supreme Court to intervene if that effort fails; the injunction expires when polls close.
If flagged ballots cannot be separated during an election, what legal or technical tools remain to verify voter eligibility without disrupting counting?