Civil rights groups sue DHS over voter checks on naturalized citizens

OCA-Asian Pacific American Advocates and Common Cause filed a lawsuit in California on Wednesday. The suit accuses the U.S. Department of Homeland Security of unlawfully targeting naturalized U.S. citizens in voter investigations. The groups asked a federal judge to stop the agency from treating these citizens as potential criminals. The suit also seeks to block election officials from discarding ballots based on lists compiled by DHS.

The legal battle began in September when U.S. Senate Democrats released a whistleblower report. The report stated that DHS was investigating naturalized citizens without their knowledge. This finding formed the basis for the current complaint. The plaintiffs argue that the agency created a rushed and flawed process to track voter eligibility.

Homeland Security and its sub-agency, U.S. Citizenship and Immigration Services, operate what the lawsuit calls an Unlawful Voter Initiative. This policy targets thousands of naturalized and derivative citizens for investigation. The groups say the initiative places these voters at risk of disenfranchisement. They filed the suit less than one week before Election Day.

John C. Yang, president and executive director of Asian Americans Advancing Justice, issued a statement on Wednesday. He said naturalized citizens have exactly the same right to vote as anyone born in the United States. The American Civil Liberties Union is representing the plaintiffs in the case. OCA and Common Cause are asking the court to demand that state and local officials count all ballots regardless of DHS lists.

The Department of Justice has already sued California to force officials to set aside ballots from 20,000 suspected noncitizen voters. It also demanded that Washington state not count the ballots of 400 suspected noncitizens. Homeland Security compiled the lists used in these actions. Election officials in California have voiced reservations about the accuracy of that data.

A federal judge in the California case signaled on Tuesday that he will likely assign a special master to examine the list. The judge indicated he was leaning against requiring officials to set aside ballots. On Tuesday, Homeland Security filed an emergency motion with the 9th U.S. Circuit Court of Appeals. The agency asked the court to pause a preliminary injunction that had blocked election-related field operations.

U.S. District Judge Araceli Martínez-Olguín issued that injunction last week. She blocked operations in nine states, including Nevada, California, and New York, until polls close. The injunction followed allegations that DHS was sending armed agents to homes to question residents about their voter status. The Trump administration asked the appeals court to rule by Thursday. The court ordered all papers in the case to be filed by Wednesday.

Gabriel Schonfeld, a Department of Justice lawyer, wrote in a court filing that the preliminary injunction interferes with federal law enforcement operations. He said those operations are relevant to the security and integrity of the midterm elections. Homeland Security Secretary Markwayne Mullin issued a news release on Wednesday touting voter fraud arrests. He stated that American elections are for Americans only.

Homeland Security has ramped up efforts to target alleged noncitizen voters over the past several weeks. Dozens of noncitizens have been arrested across the country, with their names and photos publicized in news releases. Noncitizen voting is a misdemeanor offense, though individuals can also face deportation. Homeland Security did not respond to a request for comment on Wednesday.

Roughly 10% of Americans eligible to vote this year are naturalized citizens, according to a Pew Research Center analysis. That share has risen from about 6.2% in 2000. California has the largest share, with naturalized citizens comprising nearly 22% of eligible voters. Omar Nourledin, senior vice president of policy and litigation at Common Cause, said the group has heard from members across the country who fear being caught up in the push. He called the concern well-founded given the data used to compile the lists.