DHS Email Raises Concerns About Noncitizen Voting Investigation

The Department of Homeland Security (DHS) has come under scrutiny following the release of an internal email that questions its efforts to identify non-U.S. citizens on voter rolls. This email, acquired by NPR, contains a 78-page document listing counties and states that provide election materials in non-English languages. Attached was a Department of Justice criminal checklist for prosecution of voter-related charges.

This document was released after a Democratic National Committee (DNC) lawsuit over a public records request, and later shared with NPR. The fear among Democrats is that the Trump administration’s efforts to locate noncitizen voters could intimidate eligible voters, affecting turnout during the midterm elections. DHS has intensified investigations into noncitizen voting, despite earlier audits showing such instances are rare. The email doesn’t indicate any enforcement activity for the locations mentioned. Its purpose remains unclear due to heavy redaction.

DHS defended its redactions in court, calling the email a sharing of initial thoughts among leaders. When questioned by NPR, DHS stated that illegal voters shouldn’t avoid consequences due to a claimed lack of English proficiency. Federal authorities have charged several individuals for alleged illegal voting recently.

“The very simple connection that I logically drew is that they’re targeting [these jurisdictions],” said Dan Freeman, DNC’s litigation director.

Concerns have led civil rights groups to sue DHS to prevent federal officers at polling sites, a possibility suggested by some administration officials. NPR reported a new lawsuit filed just last Friday. Federal law prohibits interference at voting sites, a concern that prompted DNC’s records request to determine any federal agent deployment plans.

Markwayne Mullin, Homeland Security Secretary, mentioned possible ICE involvement at polling sites. President Trump has said he would ensure the U.S. has “honest” elections, hinting at the presence of agents at polling places.

The source of the list of multilingual jurisdictions is unknown, but it was shared in an email from a DHS acting director. It includes areas where the Voting Rights Act mandates election materials in languages spoken by more than 5% of voting-age citizens. Much of this information is public.

DNC’s request for more records continues amid concerns the administration’s rhetoric affects voters. A University of California San Diego poll revealed about 40% of voters believe ICE agents might be present at voting sites, including a third of Democrats, Republicans, and independents. Voters of color expressed greater fear of being questioned by immigration authorities despite their U.S. citizenship status.

Voting officials are concerned these fears may reduce turnout even if enforcement doesn’t occur. Paul López, Denver’s chief voting official, argues these fears are intended to discourage voting and chill democratic participation. Although Denver is in the DHS document, López isn’t worried, citing federal law against language-targeted profiling.

“My message to voters is, ‘Don’t let these thugs scare you. Don’t let them intimidate you.’ You’re not going to be bullied and we’re not going to be intimidated. Democracy will happen,” López emphasized.