Federal judges and the U.S. Supreme Court issued several rulings on Monday and Tuesday restricting the Trump administration’s efforts to pressure state election officials over alleged noncitizen voting. The court actions targeted Justice Department attempts to block ballots and distribute lists of suspected noncitizens to voter rolls. These decisions arrived as polls opened for the U.S. midterm elections on Tuesday, Nov. 3, 2026.
The administration has spent several months increasing its focus on noncitizen voting, a phenomenon that administration allies describe as a significant problem, though evidence suggests it is rare. Legal challenges to these efforts have centered on whether the federal government is overstepping its constitutional authority, as election administration is a state responsibility. Judges have also raised concerns that the federal lists of suspected noncitizens were inaccurate and could result in the removal of eligible naturalized U.S. citizens from voting rosters.
On Monday, Nov. 2, the U.S. Supreme Court rejected a Justice Department request to block California from counting more than 20,000 mail-in ballots from individuals the administration alleged were noncitizens. Additionally, federal judges in Washington and the 9th U.S. Circuit Court of Appeals issued orders preventing the administration from sending these lists to other states or threatening state officials with prosecution for non-compliance. Separately, a Washington judge denied a request by the NAACP to block federal poll monitors, noting the Justice Department's assurance that such monitors would be unarmed and in business-casual attire.
The legal decisions address the division of power between the federal government and the states. David Becker of the Center for Election Innovation and Research stated that the rulings joined other courts in "reaffirming state sovereignty" over election administration. The administration's broader effort involved attempts to distribute lists of alleged noncitizens to officials across all 50 states. State election officials had faced federal demands and the threat of prosecution to alter their local procedures regarding voter rolls during the election period.
What happens next: While these immediate challenges were rebuffed, Justice Department spokesperson Kiersten Pels stated the department will pursue "other legal avenues" to address its concerns. One case remains pending in an appeals court, where the Justice Department is seeking to prevent the certification of the U.S. Senate race in Alaska if Republican incumbent Dan Sullivan loses by a slim margin. The department is also deploying monitors nationwide to observe compliance with federal law on Election Day. Results from the midterm contests will determine which party controls the U.S. House and Senate.