Federal Charges Against 28 Californians Spark Legal and Political Clash Over Voter Data

Key points

• The DOJ charged 28 green card holders in California, including residents of Sacramento and Vacaville, with illegal voting and registration.
• Acting Deputy Attorney General Trent McCotter stated the department will not look the other way while non-citizens vote in federal elections.
• The Justice Department sued California after state officials refused to set aside vote-by-mail ballots for a list of 20,000 suspected noncitizens.
• Los Angeles officials claim a high percentage of people on the federal list were born in the United States, questioning the data's accuracy.
• California Attorney General Rob Bonta called the 28 charges a 'drop in the bucket' compared to the state's 23 million registered voters.

Background

This crackdown follows a series of federal actions in 2026, including charges in Texas and multi-state operations targeting alleged noncitizen voting. In September, the DOJ filed 16 charges across seven states, and DHS intensified enforcement with deportation threats. These actions align with a broader federal push to investigate noncitizen voting ahead of the November 3 midterms, despite previous instances where flagged voters were confirmed as citizens.

How outlets are covering it

The DOJ, led by Acting Deputy Attorney General Trent McCotter, views the charges as proof of widespread voter fraud and asserts that California's refusal to cooperate constitutes 'willful blindness.' In contrast, California officials and advocacy groups like NorCal Resist argue the federal list is inaccurate and that the aggressive arrests constitute voter intimidation. Los Angeles election officials highlighted that 38.9% of a sample from the federal list were born in the U.S., while the DOJ maintains that listing a U.S. birthplace does not automatically confer citizenship. Senator Alex Padilla and Representative Joseph Morelle have demanded information on whether the White House directed the lawsuit, alleging 'political weaponization' of the DOJ. Meanwhile, defense attorneys for the accused, such as Megan McLoughlin, described the arrests as 'traumatizing' and questioned the validity of the charges, noting that some defendants have no memory of registering to vote.

Why it matters

The outcome of these cases and the ongoing lawsuit could set a precedent for federal-state relations regarding election integrity. If the federal government successfully blocks the counting of ballots for the 20,000 flagged individuals, it could disenfranchise thousands of eligible voters. Conversely, if the charges are dropped due to data errors, it may undermine the credibility of the federal voter fraud initiative. The tension highlights the deepening political divide over election security and the rights of lawful permanent residents in the lead-up to the midterms.

What to watch

The 28 defendants are scheduled for preliminary hearings on November 9. The DOJ has given California a deadline of November 2 to respond to requests for information regarding the methodology used to create the noncitizen list. The federal lawsuit seeking to prevent the counting of flagged ballots will proceed through the courts, potentially impacting the November 3 election. California officials continue to monitor the cases, expecting that some charges may be dropped if the federal government cannot prove willful violations of federal law.