9th Circuit Dismisses US Bid to Block CA Noncitizen Ballots
The US government tried to force California to pull mail-in ballots from over 20,000 people it labeled "likely noncitizens" in the 2026 federal midterm election. When the district court didn't rule fast enough, the government appealed — and the Ninth Circuit dismissed that appeal in October 2026, saying it had no jurisdiction. The case now returns to the district court, but the legal fight over noncitizen voting records has real consequences for immigrants.
What if the federal government tried to pull your ballot before your vote was counted — and a court stepped in to stop that process? That is exactly what happened in California in October 2026. The Ninth Circuit Court of Appeals dismissed the US government's emergency appeal seeking to set aside mail-in ballots from people the government labeled "likely noncitizens" in the 2026 federal midterm election. The court ruled it had no jurisdiction to hear the appeal.
How the dispute unfolded
The conflict started months before Election Day. USCIS and Homeland Security Investigations (HSI) obtained California's voter rolls and cross-referenced them with internal and third-party data to build a list of people they believed were noncitizens registered to vote. In July 2026, the Secretary of Homeland Security contacted California officials and Los Angeles County, asking them to verify the citizenship of thousands of people on that list. California pushed back, asking for details about how the list was built. Hearing nothing more, California mailed ballots to all registered voters on October 1, 2026, as required by state law.
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On October 13, 2026 — after ballots were already in the mail — the federal government sent California a list of over 20,000 people it called "likely noncitizens" and gave the state 48 hours to verify their citizenship or set their ballots aside. When California refused, the US filed suit on October 15, 2026, arguing the state was violating federal law by allowing noncitizens to vote. The government asked the district court for an emergency order (called a Temporary Restraining Order, or TRO) to stop those ballots from being counted. By October 21, the district court had scheduled a hearing for October 27. That same night, the US demanded a ruling by noon the next day — just 15 hours later. When the district court did not rule within that window, the US called it a "constructive denial" and immediately appealed to the Ninth Circuit.
The Ninth Circuit, in an order issued October 26, 2026, rejected that move. The court said the district court had not actually denied the TRO — it had simply scheduled a hearing one week out, which was reasonable given the US's own stated deadline of November 3. Because there was no real denial to appeal, the Ninth Circuit said it had no jurisdiction and dismissed the case. The district court judge, David Carter, had already committed to ruling promptly after the October 27 hearing.
What this means for immigrants
This case does not directly change immigration law or anyone's visa, green card, or asylum status. But it matters for noncitizens on voter rolls — even those who were registered by mistake or without knowing they were ineligible. Federal law under 18 U.S.C. § 611(a) prohibits noncitizens from voting in federal elections. Voting as a noncitizen — even accidentally — can have serious immigration consequences, including being found inadmissible or deportable, and can affect a green card application or naturalization process. The government's list of "likely noncitizens" was built using data matching, which immigration lawyers say can produce errors.
- If you are a noncitizen and received a mail-in ballot, do not vote in federal elections — doing so can jeopardize your immigration status, green card application, or naturalization.
- If you believe you were wrongly placed on a government list as a "likely noncitizen," consult an immigration lawyer immediately to understand your rights and document your citizenship or lawful status.
- If you are a green card holder or visa holder who has ever registered to vote — even by mistake — talk to an immigration attorney before filing Form N-400 (the application for US citizenship) or Form I-485 (the application for a green card from inside the US), as past voter registration can be raised as an issue.
- Follow the district court's ruling from the October 27 hearing, which may set new precedent on how states must handle federal noncitizen voter lists.
A full breakdown of this topic — in our guide “Immigration Court Rulings”.
Fishkin Law Firm, New York
Any noncitizen who has ever registered to vote — even unintentionally, such as through a DMV automatic registration — should disclose this to an immigration attorney before filing for a green card or citizenship, because USCIS treats voter registration as a potential misrepresentation of citizenship, which can be a permanent bar to admission. If you are on a government "likely noncitizen" list and you are actually a US citizen or lawful permanent resident, you have the right to challenge that designation, and documentation like a US passport, naturalization certificate, or green card is critical evidence. Do not wait for a court ruling to protect yourself — consult an immigration attorney now.
Frequently Asked Questions
Can voting in a US federal election get me deported?
Yes. Federal law (18 U.S.C. § 611) makes it a crime for noncitizens to vote in federal elections. A conviction can make you deportable and permanently inadmissible. Even without a criminal conviction, USCIS can use evidence of voting against you in a green card or naturalization case.
What if I was registered to vote by mistake — for example, through the DMV?
Accidental registration is still a serious issue. USCIS may treat it as a false claim to US citizenship, which can permanently bar you from getting a green card or citizenship. Talk to an immigration lawyer before filing any immigration application if this applies to you.
Does the Ninth Circuit's dismissal mean California noncitizens are safe from further action?
No. The Ninth Circuit only dismissed the appeal on procedural grounds — it said it had no jurisdiction because the district court had not actually denied the government's request yet. The district court was still scheduled to hold a hearing and could still issue an order affecting how California handles these ballots.
How did the government build its list of "likely noncitizens"?
USCIS and HSI cross-referenced California's voter rolls with internal government databases and third-party data. Immigration attorneys warn that data-matching methods like this can produce errors, flagging US citizens or lawful residents by mistake. If you believe you were wrongly listed, document your status and consult a lawyer.