Judge's Order Blocking DHS Election Sweeps in Nine States Is Now in Force After Stay Expires

A federal judge's order barring the Department of Homeland Security from election-related field operations targeting suspected noncitizen voters in nine states took effect after a temporary stay expired at 5 p.m. Friday, Oct. 23, court records show.

U.S. District Judge Araceli Martínez-Olguín of the Northern District of California granted the preliminary injunction on Oct. 21 in California Nurses Association v. Mullin, a lawsuit against Homeland Security Secretary Markwayne Mullin and the department's immigration agencies. She paused her own order until Friday evening and required the plaintiffs to post a $100 bond by Thursday, Oct. 22, or see the order dissolved.

The plaintiffs filed a notice on Oct. 22 that they had paid the $100 bond, with a payment receipt attached. As of Saturday, the public docket on CourtListener showed no notice of appeal and no request for a stay from the government, though the administration can still ask a higher court to step in.

What the Injunction Blocks Until Election Day

The order bars DHS and its agents from conducting "elections-related field operations and field interviews" in California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin that involve, or are likely to involve, people the agents know, suspect, or should reasonably suspect are U.S. citizens. It also bars election-related field operations in those states that rest wholly on records generated by the department's voter-matching process against people believed to be citizens.

The injunction runs until polls close on Election Day, Nov. 3, at 8 p.m., "or as otherwise directed by the Court," the order says.

According to the ruling, DHS launched what the plaintiffs call the "Unlawful Voter Initiative" in August 2026, directing immigration officials to build target lists of people suspected of illegal registration or voting. On Aug. 31, the department issued guidance telling Homeland Security Investigations agents to prioritize field investigations about voter eligibility in the nine states, the judge wrote.

How the Judge Ruled and What the Government Argued

Martínez-Olguín, a Biden appointee, found that the nurses unions were likely to succeed on their claim under Section 11(b) of the Voting Rights Act, which bars intimidation of people who urge or help others to vote. She did not rule on the plaintiffs' Administrative Procedure Act claims.

"Limiting the surge's policies that sweep in U.S. citizens for investigation, and result in the intimidation of CNA/NNU from urging or aiding others in exercising their right to vote during the final weeks leading up to the midterm elections does not prevent defendants from exercising their authority to investigate voter fraud by lawful means," she wrote.

The government argued that federal law makes it a crime for noncitizens to vote in federal elections and that the investigations are authorized by statute, according to the order. At an Oct. 19 hearing, Justice Department attorney Kelsey Helland said the plaintiffs had no evidence of specific U.S. citizens being questioned and described any intimidation as "ancillary" to lawful investigative work, Courthouse News Service reported.

The suit was brought by the California Nurses Association, National Nurses United, the Voto Latino Foundation, the City and County of San Francisco and Santa Clara County. Earlier in the week, the Justice Department said it had arrested 28 people suspected of registering or voting in California elections before becoming citizens, Courthouse News reported.

Image: Homeland Security Investigations special agents (file photo), U.S. Immigration and Customs Enforcement, public domain.

Yossi Schmidt, Founder and Editor-in-Chief, The Digital Free Press

Hold Everyone Accountable.

Sources: Order Granting Preliminary Injunction, California Nurses Association v. Mullin, N.D. Cal. No. 4:26-cv-10680 (Oct. 21, 2026): https://storage.courtlistener.com/recap/gov.uscourts.cand.479338/gov.uscourts.cand.479338.87.0.pdf ; Notice of Payment of Civil Bond (Oct. 22, 2026): https://storage.courtlistener.com/recap/gov.uscourts.cand.479338/gov.uscourts.cand.479338.88.0.pdf ; CourtListener docket: https://www.courtlistener.com/docket/74815064/california-nurses-association-v-mullin/ ; Courthouse News Service, "Judge curtails DHS crackdown on 'unlawful voters' during midterm elections" (Oct. 21, 2026): https://www.courthousenews.com/judge-curtails-dhs-crackdown-on-unlawful-voters-during-midterm-elections