Court Blocks Federal Voter List That Flagged Naturalized Citizens
A federal judge blocked the DOJ from forcing California counties to segregate mail-in ballots in November 2026, after an expert analysis confirmed that at least 22 naturalized U.S. citizens — and potentially thousands more — were wrongly placed on the government's list of suspected non-citizen voters. The ruling found the Executive Branch likely violated the Constitution by trying to override state election rules. For naturalized citizens in California, the decision means their ballots cannot legally be withheld based on the flawed federal lists.
A federal judge in Washington, D.C. blocked the Department of Justice from forcing California election officials to set aside mail-in ballots in November 2026, after evidence showed the government's lists of suspected non-citizen voters were riddled with errors. At least 22 naturalized U.S. citizens were confirmed matches on the DOJ's list. Hundreds more were flagged as highly likely matches — people who had already gone through the naturalization process and had every legal right to vote.
What the government did — and why the court said no
The DOJ sent letters to election officials across all 58 California counties demanding they either hold back or "segregate" mail-in ballots for anyone on the federal government's list of roughly 20,000 suspected non-citizens. Officials who refused, the letters warned, could face legal consequences. California and Los Angeles County pushed back immediately, saying the demands violated both state and federal law. Under California law, a voter's signed registration form counts as evidence of citizenship. Federal law also bars any program designed to systematically remove voters from rolls within 90 days of a federal election.
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The Coalition for Humane Immigrant Rights (CHIRLA), which helps recently naturalized citizens register and vote, sued alongside Pedro Trujillo, a naturalized citizen who planned to vote. The court ordered the DOJ to hand over its list so CHIRLA's expert could check it against the organization's own member database. The results were striking: using strict matching criteria — full name, date of birth, and exact address — at least 22 CHIRLA members were certain matches. Using broader criteria, the number of naturalized citizens at risk of being flagged climbed to over 6,000. Judge James E. Boasberg ruled in November 2026 that the Executive Branch likely violated the Constitution's Elections Clause, which gives authority over election rules to states and Congress — not the president or DOJ.
Two other courts had already rejected the DOJ's position before this ruling. The Central District of California denied the DOJ's emergency request on October 28, 2026, finding the government likely lacked standing and a legal basis for its demands. The Ninth Circuit denied the DOJ's emergency appeal on October 30, 2026. The D.C. court's injunction adds a third legal wall against the policy.
What to do
- If you are a naturalized citizen in California and your mail-in ballot was delayed or set aside, contact CHIRLA (chirla.org) or a local immigration and voting rights attorney immediately — you have the right to vote.
- Keep your naturalization certificate (Form N-550 or N-570) accessible. If your citizenship is ever questioned by an election official, that document is your primary proof.
- If you believe you were wrongly placed on a government list, document everything: save any letters or notices you receive, and report the situation to a voting rights organization or immigration lawyer.
- Check your voter registration status through California's official Secretary of State website (sos.ca.gov) to confirm your ballot was received and counted.
What to do, step by step — see our guide “Appealing to the BIA”.
Fishkin Law Firm, New York
This ruling reinforces that naturalized citizens have the same voting rights as any other U.S. citizen — and that a government list alone is not legal grounds to withhold a ballot. If you receive any notice questioning your citizenship status in connection with voting, do not ignore it: respond in writing, attach a copy of your naturalization certificate, and consult an immigration attorney. The court's injunction protects you now, but individual situations can still require legal follow-up if a county official acts outside the court's order.
Frequently Asked Questions
Can the government take away my right to vote because I am a naturalized citizen?
No. Once you complete the naturalization process and become a U.S. citizen, you have the same voting rights as any other citizen. Being born abroad or having immigrated to the U.S. is not a legal reason to question your eligibility.
What should I do if my mail-in ballot was held or set aside in California?
Contact a voting rights organization like CHIRLA or an immigration attorney immediately. The court's November 2026 ruling blocks officials from withholding ballots based on the DOJ's lists. You can also check your ballot status at sos.ca.gov.
How do I prove my citizenship if an election official questions it?
Your naturalization certificate (Form N-550 or N-570) is your primary proof of U.S. citizenship. Keep a copy in a safe place. A U.S. passport also works as proof.
Does this court ruling apply outside California?
The injunction specifically covers California. However, the legal reasoning — that the Executive Branch cannot unilaterally override state election procedures — could influence similar cases in other states if the DOJ pursues the same approach elsewhere.