Whistleblower: Federal Agents May Have Violated State Laws While Searching for Noncitizen Voters
Federal immigration officers working on the Trump administration’s expanding investigation into possible noncitizen voting may have violated state laws by using voters’ personal information to access restricted state election databases while effectively posing as the voters themselves, according to a new whistleblower complaint.
The allegations concern an initiative being carried out by U.S. Citizenship and Immigration Services, an agency within the Department of Homeland Security, as the administration intensifies efforts to identify noncitizens who may have illegally registered to vote or cast ballots ahead of November’s midterm elections.
According to the whistleblower, USCIS directed personnel in its Fraud Detection and National Security Directorate to examine individual voter-registration and voting records on state election websites. In some states, however, access to those records is restricted to the voter or someone specifically authorized by the voter.
The whistleblower alleges that officers raised concerns internally that entering personally identifiable information into those state websites could violate state law. According to the complaint, supervisors nevertheless instructed personnel to proceed with the searches.
The allegations were detailed in a report prepared by the Democracy Defenders Fund and provided to lawmakers. Senate Minority Leader Chuck Schumer, D-N.Y., and Sen. Alex Padilla, D-Calif., subsequently wrote to Homeland Security Secretary Markwayne Mullin and USCIS Director Joseph Edlow demanding that the searches be stopped and that DHS provide Congress with information about the program. Padilla said the directive could result in “thousands of violations of state laws.”
One example highlighted by the report is Virginia. To access an individual voter’s information through the state’s online portal, a user must provide identifying information and certify that he is either the voter or has been authorized by that voter.
“I certify and affirm that the information provided to access my voter registration is my own or I am expressly authorized by the voter to access this information. I understand that it is unlawful to access the record of any other voter, punishable as computer fraud under Va. Code § 18.2-152.3,” the certification states.
The whistleblower did not specifically allege that federal officers improperly accessed Virginia voter records. However, Virginia’s portal was reportedly among the state election websites included on an internal FDNS resource designed to help officers conduct the voter-record searches.
Florida’s voter portal was also reportedly included. That website states that it “is intended for use by a registered voter to determine his or her voter registration and voting status.” Other states, including California, similarly require personal identifying information before providing access to an individual voter’s records.
The whistleblower also raised concerns about the accuracy of the information federal officers are being told to use. According to the complaint, USCIS personnel were directed to examine voter records using DHS data that officers had been warned could be incomplete or unreliable.
Despite those concerns, the complaint alleges, officers were required to create federal law-enforcement records known as TECS records for people identified through the initiative, including individuals who may already be naturalized American citizens.
“The whistleblower’s claim states that officers must create TECS records against a U.S. citizen even when DHS-provided voting data appears unreliable, such as uncertain naturalization dates, multiple entries, or other mismatches,” Padilla’s office said.
“Naturalized U.S. citizens who are falsely flagged as ‘unlawful voters’ are likely to be referred to Homeland Security Investigations (HSI) for potential criminal investigation. Targets of this initiative have no knowledge or ability to correct data errors,” it added.
The whistleblower further alleged that hundreds of FDNS officers were assigned to the operation after receiving a single training video lasting approximately one hour and 45 minutes. Officers were reportedly expected to review 40 individuals per day, requiring them to resolve potentially complicated questions involving identity, citizenship, naturalization dates and voting history within minutes.
The allegations come amid a broader Trump administration effort to examine state voter rolls for possible noncitizen registrations and voting. Earlier investigations have involved DHS comparing voter-registration information with federal immigration and citizenship records. An August investigation by ProPublica found that Homeland Security Investigations had been pursuing thousands of leads around the country as part of that effort.
The new whistleblower allegations do not establish that federal agents committed crimes, and the legality of particular searches would depend on the state involved, the information accessed and the circumstances under which officers obtained it. They do, however, raise a new legal question over how federal investigators are obtaining state voter information as the administration presses its investigation into potential illegal voting.
Schumer and Padilla are now demanding an accounting from DHS of how the searches were authorized, what information officers accessed and whether federal personnel complied with state privacy and computer-access laws while conducting the investigation.
The allegations are particularly significant because the administration’s voter-fraud investigation has expanded rapidly just weeks before the November elections, placing increased scrutiny on both the evidence of noncitizen voting being uncovered and the methods federal investigators are using to find it.
