DOJ escalates fight for election supremacy with California raids

A series of federal raids and arrests of voters in California has escalated the Trump administration’s ongoing efforts to take administrative control of U.S. elections.

The arrests, paired with comments from top officials at the departments of Justice and Homeland Security, also make it clear that the federal government is willing to act on its past threats to investigate, arrest, or prosecute more than 190,000 California voters who the administration claims are “potential” noncitizens.

The Department of Justice announced Monday it made 28 arrests across California, part of what it was calling “Operation Protect the Vote.” All those arrested were foreign nationals and permanent green card holders, charged with fraudulently registering to vote in U.S. elections and making false statements in a naturalization application.

The Department of Justice said on Oct. 13 it provided a “list” of 20,000 registered California voters to California Secretary of State Shirley Weber, claiming they were ineligible to vote based on federal records.

“Each of the 28 defendants charged today appears on the list of more than 20,000 likely noncitizen registrants we provided to California election officials last week,” said Acting Deputy Attorney General Trent McCotter in a statement. “California refused to look at that list. Today’s charges show exactly what that refusal puts at risk. California must verify the citizenship of those more than 20,000 registrants before mail-in ballots are counted.”

A DHS spokesperson said Immigration and Customs Enforcement (ICE) and Homeland Security Investigations are “actively rooting out and investigating” alleged voter fraud while claiming the Trump administration has “repeatedly” proven that noncitizens vote in elections.  

“DHS and DOJ are laser focused on prosecuting and removing aliens who vote and preventing the dilution of the votes of U.S. citizens,” the unnamed DHS spokesperson wrote in response to questions about the raid. “ONLY Americans should elect American leaders.”

There is no credible evidence of widespread voter fraud in U.S. elections, either among legal voters or noncitizens. The Trump administration’s record, in public statements as well as lawsuits and other court actions, reflects a history of wildly overinflated claims of actual fraud, while casting routine or isolated errors in voter registration as evidence of larger election malfeasance.

Over the course of Trump’s first term, his subsequent time as a private citizen, and his current second term, he has had many chances to provide evidence of widespread voter fraud or noncitizen voting in court, and he has lost each time. His administration has also filed dozens of lawsuits against state and locally run elections. In these cases, the administration argues the federal government’s authority to investigate and prosecute voter fraud outweighs states’ authority to run elections. In the lawsuits seeking states’ voter registration records, the federal government has lost every case so far. 

In the past two years, the Department of Justice and Republican secretaries of state have regularly announced findings of hundreds of thousands of “potential noncitizens” registered to vote. In nearly every single instance, follow-up investigations confirm the number of confirmed noncitizens registered was a tiny fraction of the original claims, with the vast majority being simple mistakes with no evidence of a larger plot.

A DHS spokesperson told CyberScoop that its internal list contains more than 190,000 registered California voters alleged to be “potential noncitizens.” The spokesperson said the list was culled from publicly available state voter registration data, federal databases and “commercial third-party data,” that cross-referenced them “with known aliens in our systems.”

“Our message to aliens who vote in American elections is clear: we will find you, arrest you, and you will face the consequences — including criminal charges and deportation,” the spokesperson said.

California Secretary of State Shirley Weber’s office did not respond to a request for comment on the raids.

“190,000 remains the number of potential noncitizens registered to vote in California that DHS asked Secretary Weber to review,” the spokesperson continued. “The 20,000 referenced by DOJ is a subset of registrants that have gone through the manual verification process so far.”

Last week three Democratic senators, including Alex Padilla, D-Calif., wrote to Attorney General Todd Blanche pressing him to commit that the Department of Justice, FBI or other federal law enforcement agencies will not seize live ballots or voting machines during the upcoming midterm elections.

The administration has already carried out federal raids in Georgia and Arizona to seize ballots from the 2020 election, and the senators called out personal efforts “by President Trump directly to DOJ attorneys to influence election-related investigations in California and elsewhere.”

Padilla’s office did not respond to a request for comment on the arrests.