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DOJ threatens criminal action against states that allow non-citizens to vote

Published July 8, 2026 · Updated July 8, 2026 · By Sandra Moore

DOJ Threatens Criminal Action Against States Allowing Non-Citizens to Vote

DOJ threatens criminal action against states - The U.S. Department of Justice (DOJ) has escalated its efforts to ensure only American citizens participate in federal elections by warning states that may allow non-citizens to cast ballots. In a move that has sparked debate, the Civil Rights Division sent letters to all 50 states and the District of Columbia, emphasizing that failing to exclude non-citizens from voter rolls could lead to criminal liability. This initiative marks a significant step in the DOJ’s broader campaign to enforce strict voter eligibility standards, with the focus keyword "DOJ threatens criminal action against" central to the strategy.

DOJ’s Legal Strategy and Immediate Implications

The letters, issued on Tuesday, provided states with a five-day window to respond and clarify their compliance with federal laws. Assistant Attorney General Harmeet Dhillon, who spearheaded the communications, stressed that election officials—ranging from local clerks to state leaders—could face legal consequences for retaining non-citizens on voting lists or enabling their participation. The DOJ’s approach targets both direct and indirect violations, such as allowing non-citizens to register or vote without proper verification. This measure underscores the department’s commitment to safeguarding federal election integrity.

"Any election officer who knowingly retains noncitizens on the state’s voter registration list or facilitates their ballot casting could be subject to criminal liability," Dhillon wrote in identical letters shared with CBS News. The message also highlights the broader implications of the DOJ’s actions, noting that conspiring to deny constitutional voting rights is a federal offense. This rhetoric aligns with the department’s goal of pressuring states to adopt stricter policies, potentially leading to enforcement through criminal charges.

Legislative Context and Trump’s Influence

DOJ threatens criminal action against states as part of a larger push spearheaded by former President Donald Trump, who has long argued that non-citizens frequently vote in federal elections. His claims, though not universally supported by data, have fueled the SAVE America Act, a legislative proposal requiring voters to present in-person proof of citizenship during registration. The DOJ’s current strategy complements this law, aiming to ensure that states comply with its provisions. Trump’s executive order earlier this year, which sought to create federal voter lists and restrict mail-in ballots for those not on the lists, further illustrates the administration’s focus on tightening voting rules.

The department’s recent actions coincide with ongoing legal battles against multiple states, where it has sought unredacted voter rolls to audit compliance with federal obligations. By sharing the data with the Department of Homeland Security (DHS), the DOJ aims to identify potential discrepancies and enforce accountability. CBS News previously reported that DHS plans to use the voter data for criminal and immigration enforcement, adding another layer of scrutiny to the registration process. This cross-agency collaboration reflects a coordinated effort to address concerns about voter fraud.

Despite these efforts, the DOJ has not yet achieved a decisive legal victory, facing 11 losses in district courts. The recent ruling by the U.S. Court of Appeals for the Sixth Circuit, which upheld Michigan’s position on voter eligibility, represents a small but notable success. However, the department remains undeterred, with its spokesperson reiterating the goal of the letters: "The Department sent these letters to all 50 states and the District of Columbia, urging voluntary compliance with federal obligations to ensure only citizens vote." This statement underscores the DOJ’s dual strategy of persuasion and potential enforcement.

State Reactions and Political Rebuttals

State officials, including Arizona Secretary of State Adrian Fontes, have defended their procedures against the DOJ’s allegations. Fontes, a Democrat, stated that the claim of non-citizens voting in Arizona is "simply not supported by the facts," emphasizing that the state’s election officials have consistently upheld voter eligibility standards. His remarks highlight the political divide in responses to the DOJ’s actions, with some officials arguing that the threat is an attempt to intimidate rather than a genuine legal effort. This backlash is part of a broader conversation about the balance between voter access and election security.

The DOJ’s move has also reignited discussions about the role of states in federal elections. Critics argue that the threat could lead to over-policing of voter rolls, potentially disenfranchising eligible voters. Supporters, however, see it as a necessary step to prevent fraud and uphold constitutional principles. As the DOJ continues its outreach, the focus keyword "DOJ threatens criminal action against" remains a cornerstone of the narrative, reinforcing the department’s stance on enforcing federal voting laws across all states.