DOJ Threatens Election Officials With Criminal Prosecution Over Noncitizen Voting—July 8

The Justice Department sent letters to election officials in all 50 states and Washington, D.C. on Tuesday, warning they could face criminal prosecution over noncitizen voting. Assistant Attorney General Harmeet Dhillon, who heads the Civil Rights Division, gave states five days to explain how they will comply with federal voter eligibility laws and maintain clean voter lists. Election officials from multiple states called the letters politically motivated, though noncitizen voting in federal elections is extremely rare.

What the DOJ letters demand

The Justice Department sent identical letters to all 50 states and D.C., signed by Harmeet Dhillon. Each letter warns that state election officers “could be criminally prosecuted for aiding and abetting” noncitizen voting and gives officials five days to respond. The letters specify that knowingly retaining noncitizens on voter registration lists, sending them ballots, or counting their votes could result in criminal liability. States must explain how they will ensure compliance with federal law.

Election officials push back

State election officials from both parties rejected the letters as threats. Utah Lt. Gov. Deidre Henderson called it “truly bizarre behavior” by an agency supposed to protect civil rights. Arizona Secretary of State Adrian Fontes said it was “insulting” to suggest his office was failing to maintain voter rolls properly. Washington Secretary of State Steve Hobbs said the DOJ was “accelerating down a slippery slope of threatening personal legal action against election administrators.” Michigan Secretary of State Jocelyn Benson and Nevada Secretary of State Francisco Aguilar also received the letters.

The evidence behind the claims

Studies, including by the conservative Heritage Foundation, have found that voting by noncitizens is an increasingly small problem. In Hawaii, only one case of noncitizen voting has emerged in at least 40 years, involving a Maui resident charged in June. Every state already has rules and procedures to prevent noncitizen voting. The Trump administration has repeatedly claimed noncitizen voting is widespread without providing evidence.

Part of a broader pressure campaign

The letters follow the Trump administration’s repeated efforts to seize unredacted voter rolls, which courts have rejected. The DOJ is also pursuing a lawsuit against Washington state for access to voter data including dates of birth, driver’s license numbers, and social security numbers. Election oversight remains the responsibility of states and Congress, not the federal government.

Final Thoughts

The DOJ letters mark an escalation in the Trump administration’s pressure on state election officials over an issue studies show is rare. Election officials across party lines view the threat of criminal prosecution as politically motivated intimidation designed to undermine confidence in 2026 elections.

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