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DOJ Warns State Officials of 'Potential Criminal Penalties' Over Noncitizen Voting

Published July 9, 2026 at 8:14 AM UTC

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In a significant move ahead of the midterm elections, the U.S. Department of Justice (DOJ) has issued stern warnings to state election officials regarding the inclusion of noncitizens on voter registration lists. Assistant Attorney General Harmeet Dhillon, leading the DOJ's Civil Rights Division, sent letters to election officials across all 50 states and the District of Columbia, emphasizing the potential for criminal prosecution if noncitizens are knowingly allowed to vote or remain on voter rolls. The letters state that "any election officer, including the chief election officer of the state, who knowingly retains noncitizens on the state's [voter registration list] or facilitates noncitizens in receiving and casting ballots could be subject to criminal liability." This directive underscores the DOJ's commitment to enforcing federal laws that prohibit noncitizen voting in federal elections. The letters also request that state officials respond within five days, detailing how they intend to comply with these federal laws and ensure that only eligible U.S. citizens cast ballots. The DOJ's action has sparked a range of reactions from state officials. Some have expressed concerns about the federal government's intervention in state election processes, while others have defended their existing measures to prevent noncitizen voting. For instance, Arizona Secretary of State Adrian Fontes stated that the suggestion his office is failing is "simply not supported by the facts," emphasizing the state's commitment to maintaining accurate voter rolls. The DOJ's warning comes amid ongoing debates over election security and voter integrity. President Donald Trump has previously claimed that noncitizen voting is widespread, despite studies indicating that such instances are exceedingly rare. The Brennan Center for Justice, for example, found that noncitizen voting accounted for 0.0001% of votes in the 2016 election. The department's letters serve as a reminder of the federal government's role in overseeing and enforcing election laws, particularly those related to voter eligibility. As the midterm elections approach, the DOJ's actions highlight the ongoing tension between federal oversight and state autonomy in managing electoral processes.