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Federal judge blocks DHS operations against voter fraud in nine states

The order limits field investigations that may involve U.S. citizens and will remain in effect until the midterm elections on Nov. 3.

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Diane Hernández
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Diane Hernández

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A federal judge in California has ordered the Department of Homeland Security (DHS) to suspend certain operations related to alleged cases of election fraud in nine states, less than two weeks before the midterm elections.

Judge Araceli Martínez-Olguín issued the ruling on Wednesday, Oct. 21, in response to a lawsuit filed by the California Nurses Association, National Nurses United, Voto Latino, and local authorities, who challenged the methods used by DHS to investigate possible irregularities in voter registration and participation.

The ruling affects California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin, where federal authorities had launched investigations into possible cases of illegal voting by non-U.S. citizens.

The judge determined that the procedures used to identify potential violators were flawed and could include U.S. citizens with the right to vote, posing risks of voter intimidation.

The order specifically prohibits interviews and field investigations targeting individuals whom agents know or have reasonable grounds to suspect are U.S. citizens. It also restricts certain operations based on the records used by DHS to identify potential irregularities. It does not constitute a blanket suspension of all election fraud investigations.

The restriction will remain in effect until Nov. 3, Election Day, although its enforcement has been temporarily suspended until 5 p.m. on Friday, Oct. 23, leaving room for a possible challenge by the government.

The decision represents a legal setback for one of the Trump administration's initiatives aimed at strengthening controls against voter participation by individuals who do not meet the legal requirements to vote.

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