Federal Court Blocks DOJ Ballot Sequestration Letters

You are a lawful permanent resident in California. You voted in the 2026 federal election — and then heard that federal officials sent letters to your county demanding that certain ballots be "sequestered," or set aside, based on suspicions about voters' citizenship status. That is exactly the situation that triggered a fast-moving legal battle decided by the Ninth Circuit Court of Appeals on November 3, 2026.

Here is what happened. On October 29, 2026, two labor unions — the Service Employees International Union and the American Federation of State, County and Municipal Employees — along with the League of United Latin American Citizens and the NAACP sued the U.S. Department of Justice and the Department of Homeland Security. The groups alleged that federal officers sent letters to election officials in California and Washington, asking them to hold back ballots from voters the government suspected were noncitizens. The letters also warned that an alien voting in a federal election is a federal crime and that helping such a person vote could also be prosecuted. A federal district court in San Francisco issued a temporary restraining order (TRO) — a short-term court order blocking a government action — on October 30, 2026, stopping the government from sending more such letters or making further threats of prosecution.

The government appealed immediately. A three-judge Ninth Circuit panel granted the government's request for a stay — meaning it paused the TRO — on November 2, 2026. The panel found the government was likely to succeed on the merits, partly because Section 11(b) of the Voting Rights Act, which bars intimidation of voters, does not clearly give private groups like unions the right to sue the federal government directly. The panel also raised separation-of-powers concerns. However, the full Ninth Circuit, sitting as an en banc court (meaning a larger group of judges reviews the case together), voted on November 3, 2026, to reinstate the original three-judge panel's order blocking the government's ballot-sequestration demands. The TRO, as reinstated, bars the government from making further sequestration requests and requires the DOJ to notify every state and local government that received one of those letters that the demands have been enjoined — that is, legally blocked. The TRO was set to expire on November 16, 2026.

Why this matters for immigrants

If you are a naturalized U.S. citizen or a lawful permanent resident who voted, this case is directly relevant to you. The government's letters targeted people it believed were noncitizens — but that list could include people who are fully eligible to vote. The court's reinstatement of the TRO means that, as of November 3, 2026, election officials were required to be notified that those demands were legally blocked. The legal fight over whether private groups can sue the federal government under the Voting Rights Act is ongoing and will likely continue after the TRO expired.

What to do

• If you are a naturalized citizen and you voted in the 2026 election, keep a copy of your naturalization certificate (Form N-550 or N-570) and your voter registration in a safe place. These documents prove your eligibility.
• If you received any communication from a government agency questioning your right to vote, do not respond without speaking to an immigration lawyer or a voting rights attorney first.
• If you are a lawful permanent resident (green card holder), remember that voting in a federal election as a noncitizen can result in deportation and a permanent bar from obtaining citizenship — consult an immigration attorney before taking any action related to elections.
• Follow the Ninth Circuit's docket in case No. 26-7303 for updates, as the legal fight over the government's authority to request ballot sequestration is expected to continue.

Related: our step-by-step guide — “Appealing to the BIA”.