The United States Department of Justice has brought criminal charges against 28 lawful permanent residents in California, accusing them of falsely registering to vote and casting illegal ballots. The move is the latest step in a broader federal effort to address alleged non‑citizen voting ahead of the 2026 midterm elections.
The Charges and Arrests
According to the DOJ announcement on Monday, the 28 defendants are green‑card holders who are alleged to have lied under oath on voter‑registration applications and fraudulently signed up to vote. Twenty‑one of them are said to have actually cast unlawful ballots. Eleven individuals have already been taken into custody, while arrests for the remainder are ongoing.
The offences cited include making false statements in a naturalisation application and fraudulent voter registration, both felonies that carry a maximum penalty of five years in prison. A department spokesperson confirmed that the charges relate specifically to false statements and illegal voting, emphasising that the individuals are not citizens and therefore lack the legal right to participate in federal elections.
California’s Rebuttal and Legal Pushback
The action follows a lawsuit filed by the Justice Department demanding that California stop tabulating certain ballots in the upcoming midterms. Federal officials sent the state a list of more than 20,000 people they “believe are likely non‑citizens” who had received mail‑in ballots. California was given 48 hours to verify each name and set aside any ballots belonging to those whose citizenship could not be confirmed.
Secretary of State Shirley Weber, a Democrat, denounced the demand as “outrageous”. In a letter to the Justice Department she argued that treating thousands of voters as ineligible until proven otherwise violates federal law that bars states from systematically purging voter rolls before an election. Weber pointed out that the Department of Homeland Security initially claimed over 190,000 registered voters in the state “may be” non‑citizens, later revising the figure down to 20,000 while refusing to share the underlying data or methodology.
With 23.1 million registered voters recorded in California, the state’s leadership maintains that the federal approach risks disenfranchising legitimate citizens and undermines confidence in the electoral process.
Broader Context of Federal Voter‑Fraud Efforts
Acting US Deputy Attorney General Trent McCotter acknowledged that the federal list might contain inaccuracies. Pressed for details, he said: “There may be some names on there who, it turns out, ultimately are citizens. We’re not perfect, and that’s why we’ve asked California to cooperate with us.” He described the estimates as a range, noting that 190,000 represents a “ceiling” while 20,000 is the “floor” of those the government feels most confident about.
McCotter also sent a letter to election officials warning that anyone who tabulated a ballot from a non‑citizen could face prosecution. Legal experts have criticised the threat as legally baseless and an attempt to intimidate local administrators.
Similar efforts have faltered elsewhere. In Nevada, state officials reported that the Department of Homeland Security had incorrectly flagged 185 people on the voter rolls as non‑citizens. Nationwide, the Justice Department said that in recent weeks federal prosecutors have filed charges against a total of 112 individuals across 20 states for alleged registration offences and illegal voting.
Why it Matters
The crackdown highlights a growing tension between federal attempts to safeguard election integrity and state officials’ concerns about overreach and potential voter suppression. While the Justice Department frames the initiative as a necessary response to alleged fraud, critics warn that aggressive tactics based on unverified lists could erode public trust and deter eligible citizens from participating. As the 2026 midterms approach, the outcome of this legal and political showdown may shape not only the immediate electoral landscape in California but also the broader debate over how democracies balance security with access to the franchise.
