Federal Judge Blocks DOJ Threats to Election Workers Before Midterms
Judge Thompson bars DOJ from threatening election workers over noncitizen ballots.
Why it matters: The ruling protects election officials from DOJ intimidation and impacts election integrity litigation during a politically charged midterm season.
- On Oct. 30, 2026, Judge Trina Thompson issued a temporary restraining order against DOJ and DHS threatening election workers.
- The order prevents DOJ and DHS from demanding ballot segregation or threatening criminal prosecution related to alleged noncitizen ballots.
- DOJ alleged California sent ballots to about 20,000 suspected non-U.S. citizens; California officials challenged the list's reliability.
- The restraining order expires Nov. 16, with a hearing scheduled for Nov. 13, 2026.
U.S. District Judge Trina Thompson issued a temporary restraining order on October 30, 2026, barring the Department of Justice (DOJ) and Department of Homeland Security (DHS) from threatening or intimidating election officials involved in processing ballots in California ahead of the midterms.
The ruling prohibits the DOJ and DHS from demanding that election workers segregate or halt counting of ballots from voters alleged to be noncitizens. It also forbids threats of criminal prosecution related to the processing of those ballots, with Judge Thompson finding these actions likely violated the Voting Rights Act and exceeded constitutional authority over elections.
The DOJ had alleged that California mailed ballots to approximately 20,000 individuals suspected of being non-U.S. citizens and sought their ballots to be set aside until citizenship verification. California officials disputed the DOJ's list, noting its unreliability and risk of disenfranchising lawful voters.
Judge Thompson noted, "Although Defendants claim that their actions are designed to halt unlawful voting by noncitizens, their actions are likely to have the effect of interfering with election administration and disenfranchising lawful voters."
On the same day, a federal appeals court rejected the DOJ's request to set aside these disputed ballots, again citing voter disenfranchisement risks. Meanwhile, the DOJ has issued grand jury subpoenas to election officials in Los Angeles County as part of its broader investigation.
The restraining order is temporary and set to expire on November 16, 2026, with a hearing scheduled for November 13 to determine whether a preliminary injunction should be granted. The case arose from a lawsuit filed October 29 by the Service Employees International Union and other groups alleging unlawful threats and intimidation by DOJ and DHS, violating the Voting Rights Act, Administrative Procedure Act, and U.S. Constitution.
By the numbers:
- 20,000 ballots — DOJ alleged sent to suspected noncitizens in California
- November 16, 2026 — expiration date of Judge Thompson's restraining order
- November 13, 2026 — scheduled hearing on the restraining order
Yes, but: The DOJ's broader investigation into alleged noncitizen voting and its use of grand jury subpoenas indicate ongoing legal battles despite the restraining order.
What's next: A hearing on November 13, 2026, will address whether the restraining order becomes a longer-term injunction.