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Both Sides: Did a judge stop voter intimidation or block election enforcement?

A federal judge on Friday temporarily barred DOJ and DHS from threatening election officials to set aside ballots or purge voters based only on federal "ineligible voter" lists. Civil-rights groups call it protection for lawful voters; DOJ says it is enforcing laws against noncitizen voting.

By US Brief desk · Updated 2026-10-31T04:32:00-07:00

AI-assisted · US Brief desk · Sources listed below

The Robert F. Kennedy Department of Justice Building in Washington, D.C., seen from the street

What happened

U.S. District Judge Trina Thompson in San Francisco issued an eight-page temporary restraining order Friday that runs through Nov. 16. It bars the Justice Department and the Department of Homeland Security from threatening or pressuring election officials to segregate ballots, remove voters from the rolls or stop processing ballots based solely on federal claims that the voters are ineligible, including threats of criminal prosecution.

Why it matters

With Election Day on Tuesday, the order decides for now whether county election workers can keep processing ballots without facing federal prosecution threats over voters flagged by DHS.

What’s next

The order runs through Nov. 16 unless an appeals court acts first. Watch for a DOJ appeal and for the court-ordered notices to county officials in the coming days.

More context

What else the order requires: The agencies must tell officials who received the letters that those demands are blocked, and must disclose search-warrant applications and grand jury subpoenas tied to the federal ineligible-voter lists, according to NBC News and CBS News. The judge found the plaintiffs, a coalition led by the SEIU union, the NAACP and LULAC, are likely to show a violation of the Voting Rights Act's ban on voter intimidation.

How we got here: On Oct. 22, First Assistant U.S. Attorney Bilal Essayli sent San Bernardino County a list of "1133 likely aliens" and asked for a reply within 48 hours, the Los Angeles Times reported. Similar DOJ letters went to 57 of California's 58 counties. Washington state received a list of more than 400 voters, and Secretary of State Steve Hobbs said it includes citizens. DOJ is also investigating three voter-registration groups in Arizona. Separately, the Ninth Circuit on Friday again refused DOJ's request to set aside California ballots.

From the order: "Although Defendants claim that their actions are designed to halt unlawful voting by noncitizens, their actions are likely to have the effect of interfering with election administration and disenfranchising lawful voters," Thompson wrote. "Ballots have already been issued… Americans have already begun voting."

The case for the ruling: The plaintiffs argue that federal officials used short deadlines and the threat of prosecution to push county workers to act on lists that have not been checked one voter at a time, days before an election. Election officials cited by CNN say the Homeland Security lists include U.S. citizens. Axios counts 31 DOJ lawsuits seeking state voter records since May 2025, 27 of them dismissed.

The case against it: The administration says the effort is aimed at stopping unlawful voting by noncitizens, which the order itself acknowledges is DOJ's stated goal. A DOJ spokesperson has said the department will not wait for a "more convenient time" to enforce election laws, Axios reported. DOJ did not immediately comment on Friday's ruling. CNN noted the case was filed in a district court "known to lean left"; Thompson was appointed by President Biden.

Weak spot (supporters of the ruling): The order does not decide whether anyone on the federal lists is a noncitizen. Noncitizen voting in federal elections is already illegal, so a finding that some names are wrong does not show none are right. Weak spot (DOJ's position): Election officials in Washington and California say the lists include citizens, and DOJ has lost most of its voter-records lawsuits, per Axios, so the lists alone are thin grounds for demanding ballots be pulled within 48 hours.

What's still unknown: Whether DOJ will appeal to the Ninth Circuit before Election Day; how many names on the lists, if any, belong to noncitizens; and what the disclosed warrant applications and subpoenas will show.

Sources across the spectrum This story cites right-leaning and left-leaning outlets. Every source is listed below.

7 listed sources

References listed by US Brief; a source count is not a verification score.

Editorial sourcing notes

Sourcing: NBC News, CNN, CBS News, POLITICO and the Los Angeles Times (left-leaning), Fox News (right-leaning), and Axios (neutral), all Oct. 30–31. The order is temporary; no court has ruled on whether any specific voter on the federal lists is or isn't a citizen. DOJ had not commented on the ruling when these reports were published. Photos are file images.

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