An email from the Department of Homeland Security (DHS) raises questions about the agency’s actions regarding non-U.S. citizens on voter rolls. The email, recently acquired by NPR, includes a list of jurisdictions offering election materials in non-English languages. This list was shared alongside a Department of Justice checklist for prosecuting voter-related charges.
The document was released as part of records sought by the Democratic National Committee (DNC). The DNC is concerned that the administration’s actions may intimidate eligible voters and reduce turnout in upcoming elections. The DHS has increased resources to investigate noncitizen voting, though such fraud is very uncommon. No enforcement activities are indicated at the locations mentioned in the document, which is heavily redacted.
A DHS court filing described the email as sharing initial thoughts with leadership. When asked by NPR, DHS stated that illegal voters cannot use a lack of English knowledge to avoid prosecution. In recent weeks, several individuals have been charged with alleged illegal voting.
Civil rights groups have sued to stop DHS from potentially deploying federal officers to polls. A recent lawsuit was filed to prevent this action. Federal interference at polls is illegal, prompting the DNC to file Freedom of Information Act requests across the government. The DNC seeks to learn if there are plans to deploy federal agents at polling places.
Dan Freeman, the DNC’s litigation director, is particularly worried about the document, given DHS’s previous response to FOIA requests about potential federal agents at the polls. DHS maintains that it is not planning operations targeting polling sites. Yet, some administration officials have raised concerns. Recently, Homeland Security Secretary Markwayne Mullin mentioned that ICE agents could serve warrants at polling sites. President Trump has stated he would ensure “honest” elections.
An email dated December 19, sent by a DHS border policy acting director, shared the list of multilingual voting jurisdictions. The Voting Rights Act requires materials be provided in languages other than English if over 5% of voting-age citizens in an area primarily speak another language. While much of the document is redacted, the rhetoric surrounding the administration’s plans already affects voters. A University of California San Diego poll shows about 40% of voters believe ICE agents will be present at voting sites.
Voters of color are more likely to fear questioning by immigration authorities, despite being U.S. citizens. Voting officials worry this fear could reduce turnout. Paul López, Denver’s top voting official and plaintiff in a related lawsuit, asserts that such efforts create a chilling effect. He emphasizes that federal law protects voters, urging them to not be intimidated. Presently, Denver is listed as a jurisdiction offering multilingual materials, with a significant Hispanic or Latino population.