Judge orders Trump administration to list states facing DOJ election letters

Federal Judge James Boasberg ordered the Trump administration to identify every state where officials received letters from the Department of Justice warning of potential criminal penalties for keeping non-citizens on voter rolls. The ruling came on Thursday, just days before the midterm elections.

The dispute began last week when Senate Minority Leader Chuck Schumer, House Minority Leader Hakeem Jeffries, and other Democratic party groups filed suit. They sought to stop the federal government from removing legally registered voters or preventing states from issuing and counting ballots. The plaintiffs argued that the administration was overstepping its constitutional authority.

The federal case follows a parallel legal battle in California. The Justice Department sued to stop state officials from counting mail-in ballots cast by individuals identified as likely non-citizens until their status was confirmed. A federal judge ruled in California's favor on Wednesday, prompting an immediate appeal from the Justice Department.

During the hearing, Boasberg questioned whether the plaintiffs established the necessary legal standing to bring the suit. He noted that the letters sent by federal officials do not force states to take specific actions unless a court orders it. Christian Dibblee, an attorney for the Justice Department, told the court that the letters simply notify state officials of a possible federal law violation. He described the decision to act as belonging to the states.

Uzoma Nkwonta, representing the plaintiffs, asked the judge to end what he called an unprecedented campaign to interfere with state election duties. Boasberg acknowledged that the government has legitimate concerns about non-citizen voting. However, he stated that the most difficult question for him remains the plaintiffs' standing to enforce those rules.

The judge gave the government until Friday to submit a complete list of states that received the DOJ letters. He will decide on the plaintiffs' request for a preliminary injunction by Monday. That deadline falls one day before the general election. Boasberg noted the administration could resolve the case at any time by filing a document certifying it will not engage in the contested behavior.

The suit names President Donald Trump, the Department of Justice, Attorney General Todd Blanche, the Department of Homeland Security, and Secretary Markwayne Mullin. Boasberg, who was nominated by Barack Obama, has faced criticism from the White House for previous rulings against the federal government. The administration previously sought his removal after he blocked the use of the Alien Enemies Act to deport Venezuelan migrants to El Salvador.