DOJ Charges 28 Alleged Noncitizen Voters in California
Federal prosecutors charged 28 people in California with voting illegally as noncitizens and asked a court to halt the state's processing of certain returned ballots two weeks before the midterms.
The Morning Brief Desk · October 20, 2026 · Based on reporting by NPR News
The Justice Department on Monday announced criminal charges against 28 people in California, accusing them of registering and voting in U.S. elections despite being noncitizens. As part of the enforcement sweep, federal authorities arrested more than two dozen foreign nationals, AP reported. Prosecutors allege the individuals illegally signed up to vote and then cast ballots in American elections.
Alongside the charges, the department filed an emergency request in federal court. The filing asks a judge to order California to stop processing returned ballots from voters the federal government says are likely noncitizens. The request targets ballots already submitted in the state, which is the nation's largest by population.
The twin actions came two weeks before the 2026 midterm elections. NPR reported that the moves have raised tensions in California ahead of the vote. The material available does not specify where in the state the defendants live, the specific charges each faces, which past elections are at issue, or how many ballots the emergency filing would affect. California's response to the charges and to the court request was not detailed in the reporting available.
The context
The charges and the court filing represent an escalation of federal election-enforcement activity under the Trump administration heading into the midterms, according to the reporting. Noncitizen voting is illegal in federal elections, and the prosecutions announced Monday allege exactly that: that the defendants registered and cast ballots despite lacking citizenship. The emergency court filing adds a separate dimension, seeking to intervene directly in California's handling of ballots already returned by voters the federal government characterizes as likely noncitizens. The available material does not describe what investigation preceded the arrests, how the government identified the 28 defendants or the flagged ballots, or whether similar actions have been taken in other states. What is clear from the reporting is the timing: the announcement landed with roughly two weeks remaining before Election Day, placing a federal-state dispute over ballot processing squarely in the final stretch of the campaign.
Why it matters
A federal request to stop a state from processing returned ballots is a direct intervention in election administration, and in this case it targets the most populous state in the country during an active election. If a court grants the order, some already-submitted ballots could be set aside while the dispute plays out. The criminal charges, meanwhile, signal that the Justice Department is pursuing individual prosecutions for alleged noncitizen voting at scale. Together, the actions sharpen a federal-state conflict over who controls ballot handling just as millions of Californians vote.
What’s next
A federal court will have to rule on the emergency request to halt processing of the flagged ballots, and the timing of any decision matters with Election Day two weeks away. The criminal cases against the 28 defendants will proceed through federal court. Key open questions include how California officials and courts respond to the filing, how many ballots are covered by the request, and whether similar federal actions follow elsewhere before the midterms.
Sources
NPR News — DOJ charges 28 in California with voting crimes as election tensions escalate
The DOJ charged 28 people in California with voting crimes and filed an emergency request to stop the state from processing ballots from voters the federal government says are likely noncitizens.
AP News — Justice Department arrests dozens in California in sweep of noncitizen voters
Federal authorities arrested more than two dozen foreign nationals in California who authorities say illegally registered and voted in U.S. elections.
The Hill — Justice Department targets and charges 28 alleged noncitizen California voters
The DOJ announced charges Monday against 28 alleged noncitizen voters in California, escalating federal election-enforcement actions two weeks before the midterms.
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