The Department of Homeland Security (DHS) faces scrutiny over its pursuit of non-U.S. citizens potentially voting in elections. A new email has surfaced, calling into question the agency’s methods. Obtained by NPR, the email dates back to the previous year and includes a 78-page document highlighting counties and states providing election materials in non-English languages. This document accompanied a Justice Department checklist outlining requirements for voter-related prosecutions.
The Democratic National Committee (DNC) obtained the email following a lawsuit over a public records request. They express concerns about the Trump administration’s focus on noncitizen voters, fearing eligible voters might be intimidated, leading to lower turnout in the upcoming midterm elections. Despite audits indicating rare instances of voter fraud, DHS has heavily invested in investigating noncitizen voting. Though the locations mentioned in the document do not suggest any enforcement action, the intent behind attaching the list of bilingual jurisdictions to the email remains unclear due to heavy redactions. DHS defended the redactions in court, describing the email as sharing initial thoughts between subordinates and leadership.
When asked about the document, DHS emphasized that illegal voting should not be excused by claimed ignorance of English. In recent weeks, several individuals have been charged with alleged illegal voting. Civil rights groups have filed lawsuits to prevent DHS from deploying federal officers to polling places. Fears of federal interference—prohibited by law—led the DNC to seek information through Freedom of Information Act (FOIA) requests. They hoped to discover any plans regarding federal resource deployment to polling sites, ballot boxes, and election offices.
The document raises concern for Dan Freeman, DNC’s litigation director and former DOJ Voting Section attorney. Freeman speculates possible targeting of these jurisdictions due to multilingual elections. He points to DHS responding to FOIA requests as potentially indicating consideration of federal election crime prosecutions in areas providing materials in languages other than English. DHS reassured that they’re not planning poll operations, yet administration officials have sparked fears otherwise.
Homeland Security Secretary Markwayne Mullin suggested ICE agents might serve warrants at polling places, while former President Trump declared readiness to ensure ‘honest’ elections. The list of bilingual jurisdictions was compiled and shared December 19 from an acting director in border policy to strategy undersecretary Rob Law. Heather Honey leads the administration’s efforts against noncitizen voting.
The Voting Rights Act mandates election materials in languages where over 5% of voting-age citizens primarily speak non-English languages. This information exists publicly, and the document covered such jurisdictions alongside state and local policies. DNC continues to litigate for more federal records, confident impacts on voter sentiment are evident. Recent University of California San Diego polling indicates around 40% of voters anticipate ICE agents at polls. Concerns are notably higher among voters of color about potential scrutiny from immigration authorities, despite citizenship.
Voting officials fear potential voter turnout impacts. Paul López, Denver’s chief voting official, views the rhetoric as creating fear to suppress voting, resulting in a chilling democratic effect. Denver, featuring substantial Hispanic or Latino populations, offers multilingual election materials and was included in DHS’s document. López remains unbothered, citing federal protections against language-based targeting.
“Don’t let these thugs scare you. Don’t let them intimidate you. You’re not going to be bullied and we’re not going to be intimidated,” López asserted. “Democracy will happen.”