U.S. District Judge Trina Thompson issued an emergency temporary restraining order on October 30, 2026, blocking federal agencies from threatening election officials with criminal prosecution over noncitizen voting claims. The court ruled that Justice Department and Department of Homeland Security officials likely violated the Voting Rights Act through an intimidation campaign against election workers processing ballots ahead of the 2026 midterms.
Scope of judge Thompson's restraining order
- ▪U.S. District Judge Trina Thompson's temporary restraining order, issued October 30, 2026, prohibits federal agencies from demanding that state and local election officials remove registered voters, withhold ballots, segregate ballots, or purge voter rolls based solely on eligibility claims
- ▪U.S. District Judge Trina Thompson issued a temporary restraining order on October 30, 2026, expiring November 16, 2026, blocking the Trump administration from threatening election workers with criminal prosecution for processing ballots cast by registered voters
- ▪U.S. District Judge Trina Thompson ordered federal prosecutors to disclose to the court all pending search warrant applications, grand jury subpoenas, and other demands related to lists of allegedly ineligible voters
Voting Rights Act lawsuit and findings
- ▪A coalition including the Service Employees International Union, the NAACP, and the League of United Latin American Citizens filed a lawsuit against the Justice Department alleging Voting Rights Act violations
- ▪U.S. District Judge Trina Thompson ruled that the Justice Department and Department of Homeland Security likely violated the Voting Rights Act's prohibition on voter intimidation
- ▪High-ranking officials at the Justice Department and Department of Homeland Security engaged in a campaign to intimidate and threaten state and local election workers administering the 2026 midterm election scheduled for Nov. 3, according to U.S. District Judge Trina Thompson
Federal actions against Los Angeles officials
- ▪At least three Los Angeles County election officials were summoned to appear before a federal grand jury the day after the Nov. 3, 2026 midterm election
- ▪Federal officials issued subpoenas to Los Angeles County election officials, requesting documents and communications regarding noncitizen voter allegations
- ▪Los Angeles federal prosecutor Bill Essayli warned that election officials who knowingly process ballots from noncitizens open themselves to legal jeopardy
Ninth Circuit Court of Appeals rulings
- ▪The 9th U.S. Circuit Court of Appeals rejected the Justice Department's emergency request to set aside ballots from more than 20,000 California voters suspected of being noncitizens
- ▪The 9th U.S. Circuit Court of Appeals left in place restrictions on Department of Homeland Security election-related field operations in nine states
Broader Justice Department enforcement efforts
- ▪The Justice Department sent letters to 29 states and Washington, D.C., demanding the preservation of election records from the 2024 election
- ▪In July 2026, the Justice Department warned election officials in all 50 states that they could face criminal charges for knowingly allowing noncitizens to vote in federal elections
- ▪Since May 2025, the Justice Department has filed 31 lawsuits seeking sensitive voter records from states, 27 of which have been dismissed
Justice Department position on enforcement
- ▪A Justice Department spokesperson stated that the federal government would not wait for a more convenient time to enforce election laws
- ▪Justice Department spokesperson Kiersten V. Pels stated that every ballot cast by an ineligible voter cancels out the vote of an American citizen and defended federal enforcement efforts against noncitizen voting
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