
On Oct. 22, 2026, U.S. District Judge Araceli Martinez‑Olguín in Oakland, California, issued a preliminary injunction that bars the Department of Homeland Security from conducting election‑related field operations in nine states until polls close on Nov. 3. The order applies to California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin.
The injunction was requested by the California Nurses Association, National Nurses United and other plaintiffs who say DHS is using incomplete databases that mistakenly include U.S. citizens. The judge said the “Unlawful Voter Initiative” could intimidate citizens and does not stop lawful investigations.
According to the plaintiffs, DHS planned to send armed federal agents to homes and polling locations to question voter eligibility. They claim the agency’s databases listed up to 300,000 people for possible voting‑related misconduct, but only 130 prosecutions have resulted. In California, the agency first claimed 190,000 unlawful voters, later reduced the figure to 20,000, with a single indictment.
Source: Courthouse News Service
Representatives for the Justice Department argued that sharing data between USCIS and ICE and deploying agents are legitimate investigative tactics to stop unlawful voting. DOJ attorney Kelsey Helland said the plaintiffs offered no evidence of specific citizens being interrogated and that any intimidation is merely “ancillary.”
Plaintiffs’ lawyer Geoffrey Curfman, of the Protect Democracy Project, warned of a “credible fear” among citizens and cited the Voting Rights Act, which treats intimidation that forces a citizen to change voting plans as a violation.
The injunction means that, until Nov. 3, DHS agents cannot conduct field interviews or operations that could involve U.S. citizens in the nine states listed. Voters in those states should feel less pressure from federal agents when casting ballots. However, the underlying investigations may continue through other lawful means, so staying informed about any requests for information is prudent.
If you receive a notice from DHS or ICE about voting eligibility, you can ask for clarification, keep a record of the interaction, and consider contacting a lawyer if you feel intimidated.
Anyone who is approached by federal agents about voting status, especially if the request seems unrelated to a criminal investigation, may benefit from consulting an attorney to protect their rights and ensure any questioning follows proper legal procedures.
The injunction lowers the chance that ordinary voters will be confronted by armed federal agents at their homes or polling places before the midterms.
The department may continue investigations using other lawful methods, so voters should remain alert to any requests for information.
If the injunction is lifted after Nov. 3, similar operations could resume, affecting future voting cycles.
The case may push DHS to rely more on data verification rather than broad field sweeps, benefiting citizens.
If approached by federal agents, write down the date, time, location, and officer details, and consider consulting an attorney.
| Party | Position |
|---|---|
| Plaintiffs (nurses unions, Voto Latino) | Argue DHS data is flawed and intimidates citizens |
| Department of Justice | Defends DHS tactics as lawful investigations |
Source: Courthouse News Service
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This article is general information based on Courthouse News Service and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published October 22, 2026.
Source: Courthouse News Service
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