DOJ Charges 28 Foreign Nationals in California Voter Fraud Case
The DOJ charged 28 foreign nationals in California with election-related offenses.
Why it matters: This case impacts ongoing litigation and legal debates regarding voter eligibility and election integrity enforcement.
- 28 foreign nationals in California charged with voter fraud and false naturalization statements on Oct 19, 2026.
- All charged individuals are lawful permanent residents, ineligible to vote in U.S. elections.
- The charges are part of 'Operation Protect the Vote,' coordinated across California's four U.S. Attorney Offices.
- DOJ sued California after the state refused to set aside over 20,000 mail-in ballots flagged as likely noncitizen votes.
On October 19, 2026, the U.S. Department of Justice charged 28 foreign nationals living in California with election-related offenses, including fraudulent voter registration and making false statements on naturalization documents. All are lawful permanent residents, who are legally barred from voting in federal and state elections.
These charges stem from "Operation Protect the Vote," a coordinated initiative among California's four U.S. Attorney Offices aimed at enforcing election laws and preventing illegal voting ahead of the 2026 midterm elections.
Earlier in October, the federal government shared a list of over 20,000 individuals identified as likely noncitizens registered to vote in California. It asked state officials to set aside mail-in ballots from these individuals pending citizenship verification. California declined, prompting the DOJ to file a lawsuit on October 15 seeking a court order to exclude those ballots from counting.
California Attorney General Rob Bonta disputed the federal claims, stating the state has "no widespread voter fraud" and called the allegations "unsubstantiated". In contrast, DOJ Acting Deputy Attorney General Trent McCotter said, "Every illegal vote cancels out the vote of a lawful American citizen." First Assistant U.S. Attorney Bill Essayli added, "California is mailing ballots to noncitizens and has declined to comply with federal law."
Independent election law experts, such as Brennan Center for Justice analysts, characterize instances of noncitizen voting as extremely rare and assert that such occurrences have not affected election outcomes.
Overall, this case reflects ongoing tensions between federal enforcement efforts and state election administration policies, highlighting complex legal and policy issues around immigration, voting rights, and election integrity.
By the numbers:
- 28 foreign nationals charged — Oct 19, 2026 DOJ announcement
- 20,000+ mail-in ballots flagged — federal request to California to set aside probable noncitizen votes
- 113 noncitizens charged nationally — recent DOJ enforcement across 20 states
Yes, but: While the DOJ emphasizes election integrity, independent experts contend that noncitizen voting is rare and unlikely to affect election results, underscoring debates over voter fraud prevalence and enforcement priorities.
What's next: Court proceedings are underway following the DOJ's lawsuit against California, with rulings expected on whether to exclude flagged mail-in ballots before the 2026 midterms.