A federal appeals court has rejected another attempt by President Donald Trump’s administration to expand its investigations into alleged voter fraud, leaving restrictions on certain federal enforcement activities in nine states ahead of the November 3 midterm elections.
The US Court of Appeals for the Ninth Circuit on Friday declined to reconsider an earlier decision that prevented the administration from suspending a lower court order limiting some activities by federal immigration agents involving American citizens.
The restrictions cover California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin. They will remain in force through the conclusion of Tuesday’s elections.
The legal dispute followed concerns raised by several organisations, including the California Nurses Association, National Nurses United and Voto Latino Foundation, alongside local authorities in California. They argued that the federal government’s investigations could expose eligible American voters to wrongful questioning, intimidation or detention.
On October 21, US District Judge Araceli Martínez-Olguín issued an injunction restricting certain election-related field operations and interviews involving individuals whom federal officials know or have reason to believe are US citizens.
The Trump administration challenged the decision, seeking permission to continue its operations while the legal battle proceeds. However, a three-judge appeals panel rejected the request, ruling that the government had failed to establish sufficient grounds for suspending the restrictions.
Although seven judges disagreed with the decision not to reconsider the case, their position did not change the existing court order.
The investigations are being conducted through a process involving the Department of Homeland Security (DHS) and US Citizenship and Immigration Services (USCIS). Authorities reportedly compare voter registration records with government and commercial databases to identify individuals suspected of voting without American citizenship.
Potential matches are subjected to manual checks before being referred for further investigation. Homeland Security Investigations agents may subsequently visit individuals’ homes to conduct interviews.
DHS Secretary Markwayne Mullin recently disclosed that the administration was investigating more than 300,000 cases involving suspected illegal voting. However, the figure represents ongoing investigations and does not mean that 300,000 people have been confirmed to have voted illegally.
The government’s approach has attracted criticism from voting rights organisations, which argue that inaccurate records could lead to American citizens being wrongly investigated, particularly during an election period.
Beau Tremitiere, a lawyer representing the organisations challenging the administration, welcomed the latest court decisions, saying eligible voters in the affected states should be able to participate in the elections without fearing visits from armed immigration agents.
However, seven appeals court judges issued a dissenting opinion, arguing that the restrictions went too far and could interfere with legitimate federal investigations into suspected electoral offences.
Judge Eric Tung, who authored the dissent, maintained that investigating possible illegal voting should not automatically be treated as voter intimidation. He also questioned whether the organisations involved had sufficient legal grounds to bring the case.
Meanwhile, the Trump administration has continued to intensify its campaign against alleged electoral irregularities ahead of the midterms.
President Trump recently announced a proposed $1 million reward for information about voter fraud that leads to an arrest and conviction, although questions remain about how the programme would be funded and implemented.
In another legal setback, a federal judge on Friday restricted the Justice Department and Homeland Security officials from threatening election workers with prosecution for carrying out their duties in accordance with existing election laws.
The administration has also faced resistance in California, where officials are disputing federal claims involving approximately 20,000 registered voters suspected of being noncitizens.
Despite the series of legal challenges, the Trump administration insists that its actions are necessary to protect the credibility of American elections.
The latest Ninth Circuit decision means that the restrictions on certain federal investigations will remain effective in the nine states until voting concludes on Tuesday, while the broader legal battle continues.
