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# Judge blocks Trump administration from sending its 'noncitizen' voter lists to states
- URL: https://www.workersrights.news/chutkan-blocks-doj-dhs-noncitizen-voter-lists-states/
- Published: 2026-11-03T21:32:31.000Z
- Updated: 2026-11-03T21:32:31.000Z
- Description: Judge Tanya Chutkan's order, issued the night before Election Day, also bars pressuring states to set aside ballots.
- Author: WorkersRights.News Team
- Tags: Legal News, Politics

A federal judge on Monday blocked the Trump administration from sending its lists of "suspected noncitizen" voters to state and local election officials, hours before polls opened for Tuesday's midterms.

U.S. District Judge Tanya Chutkan granted a preliminary injunction ordering the Justice Department and the Department of Homeland Security to stop sharing the lists with the officials who register voters, process ballots and certify results, [Newsweek reported](https://www.newsweek.com/trump-block-noncitizen-voter-lists-12653739?ref=workersrights.news). The order also blocks the government from directing states that already got the lists to act on them, and from pressuring states to investigate voters, set aside their ballots or refuse to count them, [Democracy Docket reported](https://www.democracydocket.com/news-alerts/in-victory-for-voters-judge-orders-trump-administration-to-stop-challenging-votes-with-noncitizen-lists/?ref=workersrights.news).

The League of Women Voters, the League of United Latin American Citizens and the Electronic Privacy Information Center brought the suit, which challenges DHS's collection of millions of Americans' voter records. Chutkan heard arguments Oct. 31, [as we reported](https://www.workersrights.news/chutkan-presses-doj-noncitizen-voter-lists-lulac-epic/).

### What the judge found

Chutkan found the administration likely violated federal privacy and rulemaking laws in building and sending out the lists, according to Democracy Docket. She wrote that the government had "collected millions of voting records—including those of U.S. citizens—in an alleged effort to investigate noncitizen voting."

She also found that the federal law the administration relies on, which makes noncitizen voting a crime, "contains no language authorizing the broad program of bulk transmission of sensitive voter data for the purposes of intervening in state election procedures."

"Election day is tomorrow, and in many states voting is already underway," she wrote.

### What it doesn't do

The order is not a final ruling in the case. Federal officials can still answer individual citizenship checks through DHS's SAVE system and prosecute actual violations of federal law, Newsweek reported. The administration must file a report within 24 hours confirming it has complied and naming a senior official responsible for compliance. A written opinion explaining the ruling is to follow.

### The other side

The administration defended the lists as part of enforcing federal election law and keeping noncitizens from voting, according to Newsweek. No appeal had been reported as of Tuesday afternoon.

The lists have already reached California and Washington. In California, DOJ challenged nearly 21,000 potential votes, and the Supreme Court [turned down its bid](https://www.workersrights.news/supreme-court-rejects-trump-bid-set-aside-20000-california-ballots/) to have those ballots set aside. Chief Judge James Boasberg separately [barred DHS](https://www.workersrights.news/boasberg-bars-dhs-pressuring-california-set-aside-ballots-elections-clause/) from pressuring California to segregate them.

### Sources

- [Democracy Docket: In victory for voters, judge orders Trump administration to stop challenging votes with noncitizen lists](https://www.democracydocket.com/news-alerts/in-victory-for-voters-judge-orders-trump-administration-to-stop-challenging-votes-with-noncitizen-lists/?ref=workersrights.news)
- [Newsweek: Trump's DOJ Blocked From Sending 'Noncitizen' Voter Lists](https://www.newsweek.com/trump-block-noncitizen-voter-lists-12653739?ref=workersrights.news)