Four civil rights and voting groups sued the federal government on October 28, 2026, asking a California court to stop a federal initiative investigating people who became U.S. citizens. The suit challenges what the agency calls its “Unlawful Voter Initiative.”
The case, OCA-Asian Pacific American Advocates v. Department of Homeland Security, was filed in the U.S. District Court for the Northern District of California. It names the Department of Homeland Security and Secretary Markwayne Mullin, as well as U.S. Citizenship and Immigration Services (USCIS) and Director Joseph Edlow, as defendants.
The plaintiffs are OCA-Asian Pacific American Advocates, OCA-San Mateo, OCA-Sacramento and Common Cause. Their attorneys include the ACLU Voting Rights Project, ACLU of Northern California, ACLU of Southern California, Asian Americans Advancing Justice – AAJC and Asian Americans Advancing Justice Southern California (AJSOCAL).
The complaint alleges that the investigation puts naturalized citizens at risk and asks a judge to stop the initiative. It also seeks to prevent federal officials from urging states to reject ballots connected to people on federal lists.
The complaint asks the court to halt the program and ballot pressure
The groups allege violations of the Civil Rights Act’s Uniform Standards Provision, the Privacy Act and the Administrative Procedure Act. They want an immediate order barring the agencies from continuing the initiative.
They also ask the court to bar federal officials from pressing state election administrators to withhold or discard valid ballots cast by people whose names appear on Department of Homeland Security lists. The requested relief includes a declaratory judgment that the program is unlawful, vacatur of the initiative and destruction of records created or maintained under it.
Those are requests in a lawsuit, not findings by a court. The complaint’s account of the initiative remains an allegation.
The groups say the program began in August 2026 and examines foreign-born citizens under the stated purpose of checking voter eligibility. They allege federal agents used outdated records and questionable techniques, including posing as individual voters to look up private voter-registration information on state election websites.
The complaint says thousands of citizens have faced investigations and door-to-door questioning, with possible disenfranchisement tied to inaccurate government information. It also alleges the federal government asked state election officials to set aside or discard valid ballots associated with people on its lists.
A whistleblower report released by U.S. Senate Democrats in September 2026 forms part of the plaintiffs’ account. The report said federal authorities were investigating citizens without their knowledge. The ACLU says agency officials described the process as relying on “magic.”
Theresa J. Lee, senior staff attorney with the ACLU’s Voting Rights Project, said the administration was challenging voters and threatening states with outdated data. She said eligible voters faced a risk of disenfranchisement and accused the administration of trying to undermine confidence in elections.
Thu Nguyen, executive director of OCA-Asian Pacific American Advocates, said government intimidation should not create another barrier to voting. Virginia Kase Solomon, president and CEO of Common Cause, said officials were using information they knew was unreliable to frighten eligible voters.
John C. Yang, president and executive director of Asian Americans Advancing Justice – AAJC, said citizens who naturalized hold the same voting rights as people born in the United States. He added that election officials had found the initiative wrongly flagged eligible voters.
A 2025 policy alert describes immigration consequences for unlawful voting
The program followed a policy update issued on August 29, 2025. Policy Alert PA-2025-20, titled “Good Moral Character, Unlawful Voting, and False Claim to U.S. Citizenship in the Naturalization Context,” revised Volume 12 of the agency’s Policy Manual.
The alert says it took effect immediately for requests pending or filed on or after its publication date and replaced related prior guidance. It cites Executive Order 14148, dated January 20, 2025, and Section 9 of Executive Order 14248, “Preserving and Protecting the Integrity of American Elections.”
Under the guidance, an alien who affirmatively indicates U.S. citizenship, including on a voter-registration form, is considered to have falsely claimed citizenship. If registered to vote, that person bears the burden of showing the form did not ask about citizenship or that they did not answer “yes.”
A false claim made for any purpose or benefit, including voter registration, results in a Notice to Appear under INA § 237(a)(3)(D)(i), unless the exception in INA § 237(a)(3)(D)(ii) applies. The alert also says an applicant for naturalization who voted contrary to federal, state or local law will receive a Notice to Appear under INA § 237(a)(6)(A), unless the exception in INA § 237(a)(6)(B) applies.
After such a notice, the agency generally denies a naturalization application under INA § 318 because removal proceedings are pending. The guidance makes an exception for applications based on military service.
The update covers Volume 12, Part F, Chapter 1 and Chapter 5. Chapter 5 includes Section M, retitled “False Claim to U.S. Citizenship, Unlawful Voter Registration, and Unlawful Voting.” The alert says IIRIRA, enacted in 1996, added INA § 237(a)(3)(D) and INA § 237(a)(6), provisions addressing deportability for certain false citizenship claims and unlawful voting.
A separate field-operation pause ends after Election Day
The new case comes as a separate restriction on federal election-related field operations nears its end. U.S. District Judge Araceli Martínez-Olguín last week barred Homeland Security from carrying out those operations in nine states, citing concerns they could affect U.S. citizens. The plaintiffs say the restriction expires at the end of Election Day, November 3, 2026.
Homeland Security asked for an emergency order to restart the operations. At a Tuesday hearing in a separate California matter, a federal judge indicated he was likely to appoint a special master to examine the department’s list, while expressing reluctance to require election officials to set ballots aside.
The complaint also points to Justice Department actions involving state voter records. The department sued California to prevent counting mail ballots from more than 20,000 registered voters alleged to be noncitizens. It also demanded that Washington state not count ballots from 400 suspected noncitizens.
The Department of Homeland Security did not respond to requests for comment. Mullin, in a Wednesday news release about voter-fraud arrests, said: “The Trump Administration will not allow illegal aliens to steal the votes of hardworking American citizens. American elections are for Americans only.”
This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.
