WASHINGTON — The U.S. Department of Justice has warned election officials in all 50 states that they could face criminal prosecution if they knowingly allow non-U.S. citizens to remain on voter registration rolls or cast ballots in federal elections, escalating the Trump administration's efforts to tighten election oversight ahead of the November midterm elections.
The letters, sent by Assistant Attorney General Harmeet Dhillon, who leads the Justice Department's Civil Rights Division, instruct state election officials to explain within five days how they comply with federal laws barring noncitizens from voting and how they maintain accurate voter registration lists. The department confirmed that the letters were distributed nationwide.
According to copies of the letters reviewed by multiple news organizations, the Justice Department warned that election officers who "knowingly" retain noncitizens on statewide voter registration lists or facilitate their receipt of ballots could face criminal liability under federal election laws. The letters also cited statutes prohibiting noncitizens from voting in federal elections and outlined the department's view of state officials' legal responsibilities.
The action marks the latest federal effort to press states over election administration, an area traditionally managed by state and local governments. The Justice Department said it was seeking voluntary compliance with federal law to ensure that only U.S. citizens vote in federal elections.
Several state election officials publicly confirmed receiving the letters. Some said they already follow federal and state laws governing voter eligibility, while others criticized the warnings as an unprecedented attempt to pressure election administrators. Officials in states including Michigan, Utah and Maryland said they viewed the communications as unnecessarily threatening, though no criminal charges have been announced.
Federal law prohibits noncitizens from voting in federal elections. Studies and past election reviews have generally found that instances of noncitizen voting are rare, although the Trump administration has argued that stronger enforcement is necessary to protect election integrity. Voting-rights advocates and some election officials have disputed the administration's approach, saying existing safeguards already address voter eligibility and warning that heightened federal intervention could complicate election administration.
The Justice Department has also pursued litigation in several states over access to voter registration records and other election-related matters. As of Monday, the department had not announced any prosecutions arising from the letters, and state officials continued reviewing the requests while preparing responses within the department's stated deadline.
