Federal judge blocks voter investigation tactics in Missouri, eight other states ahead of midterms

A federal judge has ordered the Trump administration to halt certain investigations into suspected noncitizen voting in Missouri and eight other states, finding that federal agents relied on unreliable voter records and risked intimidating American citizens just days before the midterm elections.

U.S. District Judge Araceli Martínez-Olguín issued a preliminary injunction Wednesday restricting the Department of Homeland Security from conducting election-related field investigations involving people agents know or reasonably suspect are U.S. citizens.

The ruling applies to Missouri, California, Connecticut, Georgia, Nevada, New York, Pennsylvania, Washington and Wisconsin.

The judge ordered the restrictions to remain in effect through Election Day on November 3 but delayed enforcement until Friday, giving the administration an opportunity to appeal.

The ruling directly affects a federal operation that Missouri's top election official publicly welcomed when it was announced in September.

An internal Homeland Security memorandum identified Missouri as one of the states targeted for an intensified investigation into whether noncitizens had illegally registered or voted in American elections.

The operation, called the "Unlawful Voter Initiative," directed federal immigration investigators to examine voter records and conduct interviews with people suspected of election violations.

Court documents show investigators were instructed to review at least 40 suspected cases, spending no more than 12 minutes determining whether each person should be removed from a list of potential suspects.

"Even under the best conditions, there is a high likelihood of error in review because there is no federal database containing citizenship status of U.S. residents," the judge wrote.

The judge found that the possibility of being wrongly identified and questioned by federal agents had discouraged some citizens from participating in election activities, including campaign events and poll monitoring.

The plaintiffs argued that federal agents visiting homes and questioning residents about their voting history amounted to intimidation.

The Department of Homeland Security defended its efforts Thursday, saying its focus remains on identifying noncitizens who illegally vote.

"We have no plans to question or investigate people we believe to be U.S. citizens," the department said.

Missouri's election investigations

Missouri Secretary of State Denny Hoskins previously expressed support for the federal investigation effort.

In September, Hoskins described the Justice Department and Homeland Security as welcome partners in protecting Missouri elections.

"They have tools and resources available to them we don't," Hoskins said. "I stand ready to assist them with any investigation to secure our elections and prosecute fraudulent activity."

Missouri has also undertaken its own citizenship verification effort using the federal Systematic Alien Verification for Entitlements database, commonly known as SAVE.

In September, the Secretary of State's Office reported that approximately 1,000 registered Missouri voters had received notices after government databases could not confirm their citizenship.

The state emphasized that being flagged does not automatically mean someone is ineligible to vote. Recipients were given 90 days to provide documentation or confirm their citizenship with local election officials.

However, the program has faced criticism from Missouri county clerks who say the database has incorrectly identified American citizens as potential noncitizens.

About 70 county clerks, including Republicans and Democrats, raised concerns in a letter to state lawmakers after reviewing the lists.

"These lists are deeply flawed: they are outdated, inaccurate, and include individuals we know to be U.S. citizens," the clerks wrote.

Missouri's separate use of the SAVE database is not directly prohibited by Wednesday's ruling. The U.S. Supreme Court allowed the expanded federal citizenship verification system to continue operating in September while a different legal challenge proceeds.

Wednesday's ruling does not prohibit federal authorities from investigating legitimate violations of election law.

Instead, it restricts certain field operations and interviews that could involve U.S. citizens, particularly investigations based on unreliable citizenship information.

The Trump administration has maintained that identifying noncitizen voters is necessary to protect election integrity. Documented instances of noncitizens illegally voting in federal elections remain rare.