DOJ Warns States: Election Officials Could Face Criminal Prosecution Over Noncitizen Voting

The U.S. Department of Justice has issued a sweeping warning to election officials across the country, advising that state and local election administrators could face criminal prosecution if they knowingly allow noncitizens to remain on voter rolls or cast ballots in federal elections.

According to multiple reports, the department sent nearly identical seven-page letters to election officials in all 50 states and the District of Columbia, demanding they explain within five days how they intend to comply with federal laws prohibiting noncitizens from voting in federal elections.

The letters were signed by Harmeet Dhillon, who serves as Assistant Attorney General for the Justice Department’s Civil Rights Division.

“Any election officer, including the chief election officer of the state, who knowingly retains noncitizens on the state’s voter registration list or facilitates noncitizens in receiving and casting ballots could be subject to criminal liability,” Dhillon wrote in the letters.

The Justice Department is requesting that election officials provide a detailed response within five days outlining how their states will comply with federal election laws and maintain accurate voter registration rolls. A Justice Department spokesperson said the letters seek voluntary compliance to ensure that only eligible U.S. citizens vote in federal elections.

Renewed Focus on Election Integrity

The letters represent the latest effort by the administration of Donald Trump to increase federal oversight of election integrity ahead of the 2026 midterm elections.

Federal law already prohibits non-U.S. citizens from voting in federal elections. The Justice Department’s latest action signals it is prepared to pursue criminal investigations against election officials who knowingly violate those laws or fail to maintain voter rolls in compliance with federal requirements.

The SAVE America Act Remains Part of the Debate

The renewed enforcement effort comes as supporters continue to push for the SAVE America Act, legislation that would require documentary proof of U.S. citizenship when registering to vote in federal elections.

Supporters argue the proposal would strengthen election security by preventing noncitizens from registering and voting, while opponents contend existing safeguards are sufficient and warn the measure could create additional barriers for eligible voters. The legislation has become one of the most prominent election-policy debates heading into the 2026 midterms.

The Justice Department’s letters add new legal pressure on state election officials as the federal government signals it intends to take a more aggressive approach to enforcing election laws in advance of November’s elections.