FOR IMMEDIATE RELEASE, OCTOBER 26, 2026, LOS ANGELES, CA— Asian Americans Advancing Justice Southern California (AJSOCAL), represented by Fair Elections Center and AJSOCAL, on Friday, October 23, asked the federal court in United States v. California for leave to file a friend-of-the-court brief opposing the U.S. Department of Justice’s request to segregate the mail ballots of California voters on an error-riddled list of suspected noncitizens until their citizenship is verified.
The brief argues that DOJ’s request violates the Civil Rights Act of 1964, which bars officials from applying different standards, practices or procedures when deciding whether a person is qualified to vote. The government built its list by matching voter files against immigration records, so it can only investigate voters with an immigration history: naturalized citizens and people who became citizens through their parents. The government’s proposed order would then require county election officials, for only that subset of California voters, to look beyond the sworn attestation of citizenship that every voter in California signs. In Mi Familia Vota v. Fontes (2025), the Ninth Circuit struck down a similar citizenship check law in Arizona aimed only at naturalized voters.
“The federal government’s unprecedented assault on naturalized Californians’ voting rights hearkens back to 19th century state laws that discriminated against foreign-born Americans and should shock the conscience of every American,” said Jon Sherman, Litigation Director at Fair Elections Center. “Segregating and refusing to count ballots based on mere suspicions and stale data is an affront to multiple federal voting rights laws, in particular the 1964 Civil Rights Act.”
“The government is treating a person’s immigration history as a reason to question whether they are entitled to vote. That is not how citizenship works.” said Sean F. Bigley, Director of Litigation at AJSOCAL. “From Wong Kim Ark to Schneider v. Rusk to Trump v. Barbara this summer, the law has been clear: naturalized citizens are citizens. Their citizenship, and their right to vote, cannot be treated as less than anyone else’s.”
AJSOCAL urges every eligible citizen to vote. Voters with questions, including about language assistance at the polls, can call 866-OUR-VOTE, or 888-API-VOTE for Asian languages.
The hearing on the Justice Department’s application is set for October 27, 2026, before U.S. District Judge David O. Carter.
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MEDIA CONTACT:
Fair Elections Center, media@fairelectionscenter.org
Liza Ameen, lameen@ajsocal.org, 213.241.0258
Asian Americans Advancing Justice Southern California (AJSOCAL) is the nation’s largest legal and civil rights organization that advocates for Asian Americans and Pacific Islanders (AAPIs). Founded in 1983, AJSOCAL supports over 15,000 individuals and organizations annually. AJSOCAL offers free legal help, engages in impact litigation, and advocates for policy change. Our services are open to individuals of all races and ethnicities, without restriction. AJSOCAL strives to be a champion for the most vulnerable members of the AAPI communities, while advancing civil rights and social justice for everyone.
Fair Elections Center is a national, nonpartisan voting rights and election reform organization that defends, expands, and facilitates voting rights.
