Justice Department Withdraws Lawsuit Targeting California Voter List of Alleged Noncitizens

The U.S. Justice Department filed a notice of voluntary dismissal on Friday, ending its lawsuit that aimed to force California election officials to set aside ballots for as many as 20,000 voters listed by the Department of Homeland Security as alleged non‑citizens. The move came after the department exhausted appeals, including a denied request for emergency relief from the Supreme Court.

Judge Rejects Emergency Request

U.S. District Judge David Carter in Los Angeles had scheduled a hearing for a preliminary injunction that would have halted the counting of mail‑in ballots days before Election Day. He denied the Justice Department’s request for a temporary restraining order, calling the effort unprecedented and a violation of the Constitution’s elections clause, which gives states control over their election processes.

Appeals Court Upholds Dismissal

Following Carter’s ruling, the Ninth Circuit Court of Appeals issued a split per curiam opinion that declined to let the federal government override state election rules. The panel said any changes to vote‑by‑mail procedures belong in Congress, not the courts.

Impact on Voters and Election Officials

The dismissal means California election officials will continue processing all ballots, including those of voters on the DHS list, without federal interference. Voters on the list face no new restrictions, and local officials are no longer subject to the threatened criminal prosecution letters that the Service Employees International Union and other groups also withdrew.

What This Means for Ordinary People

For California voters, the decision leaves the current ballot‑counting process unchanged. No action is required on their part, but they should stay informed about any future challenges to election procedures. Election workers and local officials can resume normal duties without fear of federal lawsuits or intimidation letters. The temporary restraining order that blocked threatening letters expires next Friday at 5 p.m., after which the prior threats are no longer in effect.

Anyone who feels uncertain about their voter registration status or has received notices about alleged non‑citizen status should contact their local election office for clarification. If a voter believes they have been wrongly targeted, consulting an attorney experienced in election or immigration law may be advisable.

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 November 7, 2026.