The head of the Justice Department's Civil Rights Division sent letters on July 7, 2026, to election officials in all 50 states and the District of Columbia, warning of potential criminal liability if non-U.S. citizens are knowingly permitted to vote or remain on voter registration lists. The department confirmed this action to CBS News.

Assistant Attorney General Harmeet Dhillon, in identical letters reviewed by CBS News and sent to officials in Arizona, Michigan, and Maine, stated that "any election officer, including the chief election officer of the state, who knowingly retains noncitizens on the state's [voter registration list] or facilitates noncitizens in receiving and casting ballots could be subject to criminal liability." She also noted that conspiring to deprive people of their constitutional rights is a crime.

The letters request that state officials explain how they will comply with federal law to prevent non-citizens from voting. Dhillon encouraged states to contact the department to discuss steps to maintain clean voter lists as required by law.

The Civil Rights Division has indicated it intends to screen voter rolls for compliance with federal laws and share data with the Department of Homeland Security to identify non-citizen voters.

In response, an Arizona Democrat criticized the implication that state election officials are failing in their duties, calling it "insulting to insinuate that the good people at our county recorders' offices across the state are not doing their jobs correctly" and stating that such suggestions are "simply not supported by the facts."

A Justice Department spokesperson said, "The Department sent these letters to all 50 states and the District of Columbia, asking for voluntary compliance in a timely manner with their obligations under federal law to ensure only citizens vote in federal elections."

This move follows claims by former President Trump that non-citizens frequently vote in federal elections, despite evidence that such instances are extremely rare. Trump has also urged the Senate to pass the SAVE America Act, which would require in-person proof of citizenship to register to vote.

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