DHS voter probe may break state laws and wrongly implicate U.S. citizens, whistleblower alleges

NEW YORK — A last-ditch Trump administration effort to hunt for noncitizen voters ahead of November’s elections is requiring federal employees to misrepresent themselves on voter lookup tools in a way that likely violates state laws, according to a federal whistleblower's statement released Monday. The Department of Homeland Security probe known as the “Unlawful Voter Initiative” also asks employees to create federal law enforcement records about voters based on unreliable data, the account warns. That could potentially wrongly implicate U.S. citizens in official documentation that could spur further investigation. The anonymous, nearly 30-page disclosure was published Monday by Democratic Senate Minority Leader Chuck Schumer of New York and Democratic Sen. Alex Padilla of California, the ranking member of a Senate committee overseeing federal elections. It features screenshots and transcripts of a DHS training for a group of U.S. Citizenship and Immigration Services staffers, whom it says were forced in late August to drop their other work, complete a less than two-hour training and begin running DHS-provided lists of individuals through state voter registration systems to find “unlawful voters.” The whistleblower contends that agents have been asked to review 40 individuals per day, giving them about 12 minutes to determine whether each person is a legal voter and create federal records of anyone who is not. Padilla and Schumer said Monday the initiative was an example of President Donald Trump attempting to interfere in elections and that the short timelines would impede officials from conducting proper investigations. They noted that the data DHS has on voters can be unreliable and differ from state records, making any federal findings based on that data potentially problematic. “We just got more proof of Trump’s vile schemes to rig our elections,” Schumer told reporters in a news conference. “The lengths Trump will go to cheat, lie and steal in this upcoming election are simply beyond the pale.” The White House did not immediately respond to a request for comment. The Trump administration has been targeting noncitizen voting to allege it could be a source of significant fraud during the midterm elections, even as research shows voting by people who are not citizens is extremely rare. Trump has been pushing for the U.S. Postal Service to send mail ballots only to voters verified as U.S. citizens, and his Justice Department has sued to force the release of detailed voter data in 30 states and the District of Columbia, though it has not yet succeeded in those cases. The whistleblower report details an effort by the federal government to work around a lack of data from the states by directing Citizenship and Immigration Services employees to pose as individual voters to access their state voter records. Some states, such as Virginia, explicitly limit their voter lookup tools to individuals who attest under penalty of law that they are looking up their own records. In other states, like California, personally identifiable information such as a driver’s license number or partial Social Security number is needed to look up individual voter records. The whistleblower said that when officers raised concerns about liability for searching the tools against state guidance, agency leaders told them to proceed with the searches anyway. Schumer and Padilla on Sunday sent a letter to DHS Secretary Markwayne Mullin requesting more information about the initiative and demanding that it be stopped. DHS didn’t immediately respond to a request for comment. But earlier this month, when an immigrant rights group sued the administration to block the agency from using federal databases that it alleged were being used to target naturalized citizens, a DHS spokesperson told The Associated Press it is “laser focused on prosecuting and removing aliens who vote and preventing the dilution of the votes of U.S. citizens.” “The department accessed publicly available data from states’ voter rolls and cross referenced them with known illegal aliens in our systems,” the spokesperson said at the time. “It’s not rocket science; it’s an easy step to secure our elections.” The New York Times first reported on the DHS initiative in early September. For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.