SAN FRANCISCO, Calif. — Thousands of naturalized American citizens face federal investigations and potential disenfranchisement under a Department of Homeland Security initiative that allegedly relies on inaccurate government records to question their voting eligibility, according to a federal lawsuit filed by civil rights and voting rights organizations.
The lawsuit, filed in the U.S. District Court for the Northern District of California, challenges a program operated by U.S. Citizenship and Immigration Services known as the “Unlawful Voter Initiative,” which the plaintiffs allege targets naturalized and derivative citizens through unreliable data and improper investigative practices.
The plaintiffs, OCA-Asian Pacific American Advocates, OCA-San Mateo, OCA-Sacramento and Common Cause, argue that the initiative subjects eligible voters to discriminatory scrutiny and threatens their ability to participate in federal elections.
According to the complaint, USCIS launched the initiative in August to investigate individuals suspected of unlawfully registering or voting in federal elections.
The program allegedly relies on outdated immigration and citizenship records that can incorrectly identify naturalized citizens as noncitizens.
The plaintiffs contend that USCIS officials were aware of deficiencies in the underlying information but continued using it to initiate investigations.
The complaint alleges that federal agents have been reassigned to investigate suspected unlawful voters, including individuals whose citizenship status was not accurately reflected in government databases.
According to the lawsuit, investigators have also impersonated individual voters to access private voter registration information through state election websites.
The plaintiffs argue that these practices violate restrictions on accessing voter information and expose eligible citizens to investigations based on unreliable records.
The complaint further alleges that individuals identified through the initiative have faced additional scrutiny, including questioning by federal investigators at their homes.
Naturalized citizens have the same right to vote in federal elections as citizens born in the United States, provided they meet the applicable voting requirements.
The plaintiffs maintain that the initiative improperly treats naturalized and derivative citizens as potential unlawful voters based on their immigration histories, even after their citizenship has been established.
The lawsuit also challenges the federal government’s use of information generated by the initiative to pressure state election officials.
According to the complaint, federal officials have demanded that election administrators withhold or segregate ballots associated with individuals identified as potentially ineligible voters.
The plaintiffs argue that these demands could result in valid ballots being rejected or eligible voters being removed from registration rolls.
In an announcement accompanying the lawsuit, the American Civil Liberties Union said the initiative exposes thousands of citizens to unwarranted investigations and possible disenfranchisement.
“The Trump administration is challenging voters and threatening states based off flawed and outdated data,” said Theresa J. Lee, senior staff attorney with the ACLU’s Voting Rights Project.
“These allegations are putting eligible voters — including naturalized U.S. citizens — at risk of disenfranchisement,” Lee added.
The complaint alleges violations of the Civil Rights Act, the Privacy Act and the Administrative Procedure Act.
Under the Civil Rights Act’s uniform standards provision, election officials may not apply different standards, practices or procedures when determining whether individuals are qualified to vote in the same election.
The plaintiffs argue that the initiative violates this protection by subjecting naturalized and derivative citizens to additional investigations not imposed on similarly situated citizens born in the United States.
The lawsuit also alleges that USCIS violated the Privacy Act by maintaining and using inaccurate records about individuals and their voting eligibility.
Under the Administrative Procedure Act, the plaintiffs contend that the initiative is arbitrary and capricious because federal officials relied on unreliable information and investigative methods without adequately accounting for their consequences.
Virginia Kase Solomon, president and CEO of Common Cause, said the initiative threatens eligible voters.
“This administration knows its data is flawed and unreliable, but they’re using it anyway to scare eligible voters away from the polls,” Solomon said. “It’s a deliberate effort to spread unfounded lies and make people doubt our elections.”
Common Cause argues that government investigations based on erroneous information could discourage naturalized citizens from voting, even when they are fully eligible to participate.
The plaintiffs also warn that the initiative could disproportionately affect Asian American communities, including individuals who obtained citizenship through naturalization.
John C. Yang, president and executive director of Asian Americans Advancing Justice-AAJC, said naturalized citizens should not face additional scrutiny because of errors in federal records.
“Naturalized citizens are U.S. citizens, with exactly the same right to vote as anyone born here,” Yang said.
“The ‘Unlawful Voter Initiative’ was never designed to confirm citizenship, and election officials have found it erroneously flagging eligible voters,” Yang added.
He said investigating or removing voters based on government database errors punishes citizens for mistakes they did not make.
Dahni Tsuboi, CEO of Asian Americans Advancing Justice Southern California, also criticized the initiative’s treatment of naturalized Americans.
“Citizenship earned through naturalization is not second-class citizenship,” Tsuboi said.
“Yet this administration is combing through immigration records to single out naturalized Americans, many of them Asian American and Pacific Islander, and to treat their right to vote as suspect,” Tsuboi added.
The plaintiffs are represented by the ACLU Voting Rights Project, ACLU of Northern California, ACLU of Southern California, Asian Americans Advancing Justice-AAJC and Asian Americans Advancing Justice Southern California.
The lawsuit seeks a declaration that the initiative violates federal law and an injunction preventing DHS and USCIS from continuing the challenged investigations.
The plaintiffs also ask the court to prohibit federal officials from relying on information generated through the initiative to pressure state election administrators into withholding, segregating or discarding ballots cast by eligible voters.
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