DOJ Charges 28 People In Big Show of Cracking Down on Noncitizen Voting Ahead of Midterms

‘We Are Not Impressed by Their Case’

The Trump administration’s Justice Department has escalated its pre-midterm crusade against California, using the myth of widespread noncitizen voting as its justification for novel and bizarre adventures to try to undercut trust in elections ahead of the midterms.

Just last week, the DOJ sent a letter to election officials in Los Angeles demanding election administrators take a series of actions after claiming it found thousands of noncitizens who were registered to vote in the state. DOJ officials laid out a list of steps they wanted local election administrators to take to ensure that these people, who it alleged were “likely noncitizen voters,” didn’t receive mail-in ballots or have their votes counted.

Since then, the Justice Department has also sued the state of California and threatened investigations and the potential prosecution of any election worker in the state who might knowingly process ballots from noncitizen voters. The DOJ has previously issued similar warnings to election officials across the nation.

Noncitizens voting in federal election is vanishingly rare and there is no evidence to show that it has impacted the outcome of any federal election. But President Trump and his allies roll out the conspiracy theory that it is widespread anytime he loses, or thinks he’s about to lose, an election, as TPM has reported for years.

On Monday, federal law enforcement arrested 11 people and charged 28 people residing in California, accusing them of making false statements and submitting fraudulent voter registrations. Each of the people charged have legal status in the U.S. but are not U.S. citizens, the DOJ said. The Justice Department is calling the sweep of arrests “Operation Protect the Vote.” The DOJ in an online statement accused California election officials of not properly maintaining the state’s voter rolls and ignoring its wild claims that there are some 20,000 noncitizens registered in the state.

My colleague David Kurtz got into the DOJ’s potentially unfounded accusations in Morning Memo a bit more last week, which you can catch up on here. There are plenty of reason to be suspicious of the DOJ’s claim that it has found tens of thousands of noncitizens on California’s voter rolls. The DOJ has been trying to force states to hand over their voter lists and/or to run their voter rolls through a faulty federal database that has a poor track record with finding eligible voters to be ineligible. Courts across the nation have blocked the DOJ’s campaign to seize voting records from states.

California Democratic Attorney General Rob Bonta told reporters on Monday that there is not a widespread issue with voter fraud in California and described the DOJ’s arrests as “a drop in the bucket” of the state’s 23 million registered voters.

“They provided no — no basis, fact, evidence, substantiation, backing for that allegation, all they provided was a list of people and nothing about why they’re purportedly ineligible,” Bonta said, referencing the DOJ’s claims that it’s identified 20,000 noncitizens on California’s voter rolls.

“If they have such information we would be happy to review it, but they’ve provided none. And what words they’re using are very important,” Bonta continued. “They’re not saying that ‘we have conclusive proof,’ they’re not saying ‘we know,’ they’re not even saying ‘we think we know.’ They’re saying ‘we believe it’s likely.'”

Bonta then brought up the last time that the Justice Department claimed to have found tens of thousands of noncitizen voters in Nevada earlier this year. Those claims fizzled out entirely.

“We are not impressed by their case, we are not impressed by their position. Our north start is the law and the facts and they have neither on their side,” he said. “We believe their case is meritless and we’ll make our position very clear in court.”