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The Justice Department is immediately appealing a federal judge’s rejection of its emergency bid to stop California from processing more than 20,000 ballots tied to suspected noncitizen voters, escalating a high-stakes election fight just days before Election Day.
First Assistant US Attorney Bill Essayli announced Wednesday evening that the Trump administration had filed a notice of appeal and would seek emergency relief from the 9th US Circuit Court of Appeals after US District Judge David O. Carter rejected the request.
“The district court denied our emergency request to sequester ballots from 20,000 suspected noncitizens. Every day, more ballots are processed by election officials. This ongoing emergency disenfranchises American citizens through dilution. The Solicitor General authorized an immediate appeal. We filed our Notice of Appeal and will immediately seek an emergency order from the Ninth Circuit,” Essayli said.
Carter, who sits in downtown Los Angeles, ruled against the Justice Department’s effort to sequester the disputed ballots as officials continue processing votes ahead of next week’s election.
“Eroded trust in our democracy is irreparable,” Carter wrote in his order. “Once a vote is segregated, lasting harm has occurred. … This Court declines to be a party to such process.”
The ruling marks another setback for the Trump administration, which is accusing California officials of failing to adequately investigate and remove suspected noncitizens from voter rolls.
The legal battle has already drawn a sharp split among federal appellate judges. On Monday, a three-judge panel of the 9th Circuit rejected the Justice Department’s earlier emergency appeal in a 2-1 decision, ruling that the administration had moved too quickly before the lower court had sufficient time to consider its request.
Judges Mark Bennett and Gabriel Sanchez sided against the administration, while Judge Patrick Bumatay dissented, warning that the disputed ballots could become impossible to identify once processed.
“Those questionable ballots are now rolling in. Once those ballots are processed, it would be impossible to identify them, and they must be counted in the election,” Bumatay wrote.
“None of California’s counterarguments prevent the federal government from stepping in and seeking to stop California from burying its head in the sand while aliens may be voting in federal elections. We should’ve granted the federal government relief … because it encourages and induces illegal voting,” he added.
The Justice Department’s lawsuit centers on nearly 20,000 names the administration flagged as suspicious and accused state officials of failing to review within a 48-hour deadline.
The case comes amid a broader federal crackdown on alleged voter fraud in California. Prosecutors recently charged 28 people accused of fraudulently registering to vote, most of whom allegedly cast illegal ballots.
Among them was Alexander Muñoz, a 72-year-old Belizean national accused of falsely claiming US citizenship when registering to vote in September 2019. Prosecutors allege he voted in the 2020 election, twice in 2022 and again in 2024.
The Justice Department’s latest appeal sets up another emergency showdown over whether California can continue processing the disputed ballots as the election approaches.
The department has argued that once the ballots are mixed into the broader vote count, officials may be unable to separate them, potentially leaving the government without an effective remedy if its allegations are proven.
