DOJ Takes Emergency Action Against California in Fight to Stop State from Counting 20,000 Ballots Given to Non-Citizens

The Justice Department on Monday asked the Court for an emergency restraining order against California, requiring the state to immediately set aside the 20,000 ballots sent to non-citizens.

On Friday, the DOJ put California on notice and vowed to prosecute election officials who tabulate unlawful ballots.

“California on Notice: Federal agencies identified over 20,000 suspected noncitizens registered to vote in California who have already been mailed ballots,” First Assistant US Attorney Bill Essayli said on Friday.

“Under 18 U.S.C. §§ 611 and 2, officials who knowingly tabulate unlawful ballots risk aiding and abetting a federal offense. The Justice Department urges the County and the Secretary of State to temporarily segregate the flagged ballots pending citizenship verification or face legal consequences,” Bill Essayli said.

On Monday, the DOJ requested a restraining order to immediately separate the 20,000 ballots.

“Once illegally cast ballots are counted and commingled with lawful votes, the resulting harm may be impossible to remedy. The urgency is heightened because of the fundamental right to vote and to have one’s lawful vote counted without dilution,” the DOJ said in its request for a Temporary Restraining Order (TRO), according to Fox News.

Breaking: the Trump Administration just filed an emergency Temporary Restraining Order against California — asking for CA to immediately set aside the estimated 20,000 ballots the Feds say were given to non-citizen voters. So far CA has not co-operated with DOJ request to set aside those 20k ballots until a judge can rule. CA argues in-part its a political stunt.

TRO reads: “Once illegally cast ballots are counted and commingled with lawful votes, the resulting harm may be impossible to remedy. The urgency is heightened because of the fundamental right to vote and to have one’s lawful vote counted without dilution.”

— Matt Finn (@MattFinnFNC) October 19, 2026

The emergency request for a TRO comes after the DOJ filed a federal lawsuit against California.

The federal lawsuit, filed in the Central District of California on October 15, requests an order preventing the tabulation of ballots belonging to individuals identified as likely noncitizens until their citizenship can be determined.

The Justice Department said Homeland Security Investigations and federal partners examined voter-registration records and conducted additional verification work to identify potential noncitizens.

On Friday, President Trump vowed to jail the lawbreakers in California if they count ballots for non-citizens: “They will all go to jail for a long period of time!!!”

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