Judge Boasberg orders DOJ to stop demanding California officials set aside 20,000 ballots
A federal judge ordered the Trump administration on Monday to stop demanding that California election officials set aside ballots from roughly 20,000 people the Justice Department suspects may be noncitizens, delivering another setback to its election oversight efforts. Chief U.S. District Judge James Boasberg in Washington found the administration likely exceeded its constitutional authority by […]
A federal judge ordered the Trump administration on Monday to stop demanding that California election officials set aside ballots from roughly 20,000 people the Justice Department suspects may be noncitizens, delivering another setback to its election oversight efforts.
Chief U.S. District Judge James Boasberg in Washington found the administration likely exceeded its constitutional authority by pressing state officials to separate the disputed ballots ahead of Tuesday’s midterm elections.
” data-large-file=”https://conservativemodern.com/wp-content/uploads/2026/11/judge-boasberg-orders-doj-to-stop-demanding-california-officials-set-aside-20000-ballots.jpg” src=”https://conservativemodern.com/wp-content/uploads/2026/11/judge-boasberg-orders-doj-to-stop-demanding-california-officials-set-aside-20000-ballots.jpg” alt=”FILE – Ballots are inspected the day after California’s primary election at the Los Angeles County Ballot Processing Center, June 3, 2026, in City of Industry, Calif. (AP Photo/Jae C. Hong, File)” class=”wp-image-4785388″ srcset=”https://conservativemodern.com/wp-content/uploads/2026/11/judge-boasberg-orders-doj-to-stop-demanding-california-officials-set-aside-20000-ballots.webp 1024w, https://conservativemodern.com/wp-content/uploads/2026/11/judge-boasberg-orders-doj-to-stop-demanding-california-officials-set-aside-20000-ballots.webp?resize=300,200 300w, https://conservativemodern.com/wp-content/uploads/2026/11/judge-boasberg-orders-doj-to-stop-demanding-california-officials-set-aside-20000-ballots.webp?resize=768,512 768w” sizes=”(max-width: 1024px) 100vw, 1024px”>Ballots are inspected the day after California’s primary election at the Los Angeles County Ballot Processing Center, June 3, 2026, in City of Industry, California. (AP Photo/Jae C. Hong, File)
“The Executive Branch has likely violated the Constitution’s Elections Clause, which commits authority over election rules to the states and Congress alone,” Boasberg, an appointee of former President Barack Obama, wrote in a 20-page decision.
Boasberg has repeatedly clashed with the Trump administration over its use of executive power. He temporarily blocked deportations under the Alien Enemies Act in March 2025 and later found probable cause for criminal contempt over officials’ handling of flights to El Salvador. In February, he ordered the government to facilitate the return of more than 100 Venezuelans deported under the wartime law. His decisions have also drawn appellate rebukes: The D.C. Circuit in April terminated his contempt inquiry, finding he had committed a “clear abuse of discretion” by continuing the proceedings.
His latest ruling came in litigation brought by the Coalition for Humane Immigrant Rights, or CHIRLA, a left-leaning immigrant rights activist group, and California voter Pedro Trujillo. Their lawsuit challenges federal efforts to identify suspected noncitizens through database matching, which they argue risks wrongly flagging naturalized citizens. The UCLA Voting Rights Project also represents the plaintiffs.
California officials contend the government’s list contains substantial errors and likely includes eligible citizens. They argue the demands would disrupt an election in which millions of votes have already been cast.
The DOJ maintains the ballots should be separated until officials can verify the voters’ citizenship.
Boasberg’s ruling follows a separate order Friday from U.S. District Judge Trina Thompson in California barring federal officials from threatening election workers with prosecution over knowingly counting illegal votes.
Thompson’s temporary restraining order addressed demands to remove voters, refuse ballots, or segregate votes based on federal allegations of noncitizenship.
