The Justice Department has issued warnings to election officials across all 50 states and Washington, D.C., threatening criminal prosecution if noncitizens are allowed to vote in federal elections. The letters, signed by Assistant Attorney General Harmeet Dhillon of the Civil Rights Division, gave states five days to demonstrate compliance with federal voter eligibility requirements and explain their plans to maintain accurate voter rolls.
A Justice Department spokesperson confirmed the action Tuesday, framing it as a request for voluntary compliance with existing federal law. The department emphasized that states must ensure only citizens participate in federal elections.
The letters explicitly warned that state election officers "could be criminally prosecuted for aiding and abetting" noncitizen voting. Officials who knowingly maintain noncitizens on voter registration lists or facilitate their participation in casting ballots face potential criminal liability, according to the correspondence. The Justice Department also flagged that intentional acts aimed at diluting citizen votes could violate federal law.
Several high-profile election officials confirmed receiving the warnings. Michigan Secretary of State Jocelyn Benson, Nevada Secretary of State Francisco Aguilar, and Utah Lieutenant Governor Deidre Henderson were among those who reported the letters.
Henderson criticized the action on social media, calling it "truly bizarre behavior." She noted that she and other chief election officers were being "targeted for following state and federal laws" and resisting what she characterized as the DOJ's illegal demands for private voter data. Henderson pointed out that at least a dozen federal courts have already ruled against similar Justice Department requests.
The move represents an escalation in the Justice Department's push to assert greater federal control over state election administration. While some states have complied with administration demands for voter roll data, the department has sued 30 states and Washington, D.C., to force compliance. To date, eleven different federal courts have dismissed the Justice Department's attempts to obtain voter rolls.
Noncitizen voting in federal elections remains extraordinarily rare. However, the Trump administration has repeatedly characterized it as a widespread problem.
Author Sarah Mitchell: "This is federal overreach dressed up as election security, and judges keep agreeing."
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