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# Judge blocks DOJ threats against Washington vote counters in union-backed suit
- URL: https://www.workersrights.news/judge-bars-trump-doj-washington-set-aside-ballots-noncitizen-list/
- Published: 2026-11-06T20:03:39.000Z
- Updated: 2026-11-06T20:03:39.000Z
- Description: UFCW and two voter groups won a 14-day order as counties count ballots from Tuesday's election.
- Author: WorkersRights.News Team
- Tags: Legal News, Politics

A federal judge in Seattle on Thursday barred President Donald Trump's Justice Department and the Department of Homeland Security from demanding that Washington election officials set aside the ballots of voters on a federal "noncitizen" list, or threatening those officials with prosecution if they count them.

U.S. District Judge Jamal N. Whitehead signed the 14-day temporary restraining order at 4:21 p.m. on Nov. 5 in *OneAmerica Votes v. Trump* (No. 2:26-cv-04223) in the Western District of Washington. It took effect immediately, while Washington's counties are still counting mail ballots from Tuesday's election.

The case was brought by the United Food and Commercial Workers International Union, OneAmerica Votes and the Latino Community Fund of Washington State, [which sued Oct. 30](https://www.workersrights.news/ufcw-sues-trump-doj-washington-405-ballots/). The judge found UFCW, which says many of its Washington members are naturalized citizens, has standing to sue.

### What the judge found

On Oct. 26, two federal prosecutors, Pete Serrano and Neil Floyd, sent Secretary of State Steve Hobbs a list of roughly 400 registered voters and demanded that county officials not verify or count their ballots until their "citizenship can be determined." Washington's review found at least 62 people on the list hadn't been sent a ballot at all, and several had already shown the state's Department of Licensing proof of U.S. citizenship.

DOJ argued its letter was only a request. Whitehead disagreed. "On this record, Defendants did not ask," he wrote. "They directed Washington to set aside specific voters' ballots, set a deadline, told election officials they would be prosecuted if they counted those ballots as state law requires."

He pointed to Serrano's own words on the radio: that county auditors would be "in a pickle" and that the goal was to "make sure these ballots aren't counted." The order concludes: "Voters who followed the rules should not lose their votes to a list that even its authors admit may include citizens."

### What the order does and doesn't do

The order is narrow. DOJ can still investigate or prosecute anyone who votes unlawfully, share information with election officials and ask for their cooperation. It can't demand that ballots be set aside or threaten officials who refuse.

Whitehead also denied DOJ's request to put his order on hold during an appeal. DOJ must file its opposition to a longer-lasting injunction by Nov. 12, and the court will hear the motion on Nov. 18.

The ruling follows the Supreme Court's Nov. 2 refusal to let DOJ [set aside 20,000 California ballots](https://www.workersrights.news/supreme-court-rejects-trump-bid-set-aside-20000-california-ballots/).

### Sources

- [Order granting temporary restraining order in part, *OneAmerica Votes v. Trump*, W.D. Wash. (Nov. 5, 2026)](https://www.democracydocket.com/wp-content/uploads/2026/11/Order-granting-TRO.pdf?ref=workersrights.news) (court document, via Democracy Docket)
- [Federal judge blocks Trump DOJ from interfering with Washington state's elections, ballot counting](https://www.democracydocket.com/news-alerts/federal-judge-blocks-trump-doj-from-interfering-with-washington-states-elections-ballot-counting/?ref=workersrights.news) (Democracy Docket)