The U.S. Court of Appeals for the Ninth Circuit issued an emergency order Friday requiring California election officials to answer the Justice Department’s request by noon Saturday. The request, filed by Attorney General Todd Blanche and First Assistant U.S. Attorney Bill Essayli, asks the state to segregate about 20,000 mail‑in ballots that the department believes were sent to illegal immigrants.

What the DOJ is asking

In its filing, the Justice Department argued that processing those ballots without separation could lead to “untraceable disenfranchisement and dilution of the votes of United States citizens.” The filing called the situation an emergency and sought a ruling that would allow California to set aside the ballots while the eligibility of the listed individuals is reviewed.

California’s response

State officials have pushed back, saying county election offices lack the authority and the necessary access to federal records to verify citizenship status. They also note that once a mail‑in ballot’s signature is verified, the ballot is removed from its envelope and mixed with other ballots, making segregation practically impossible. California points to the fact that 331,000 ballots have already been processed in Los Angeles County alone.

Legal background

The DOJ filed the emergency request after U.S. District Judge David Carter failed to issue a ruling by a deadline the department had set. The Ninth Circuit’s order does not resolve the underlying dispute; a hearing before Judge Carter is still scheduled for Tuesday.

Statements from the parties

Essayli told Fox News Digital that federal investigators have evidence that the 20,000 individuals received mail‑in ballots in October. “We’re not asking California to take any drastic steps other than to sequester the ballots from the suspected noncitizens,” he said. “We believe it’s at a minimum of 20,000. That’s the floor.”

Governor Gavin Newsom defended California’s election safeguards, asserting the state is following the law and that its processes protect the integrity of every vote.

Implications for the midterms

If the court ultimately orders the ballots set aside, California could face a significant delay in certifying its election results. The dispute highlights the ongoing tension between federal immigration enforcement and state election administration, a theme that has intensified ahead of the November midterm elections.

Both sides agree that the issue centers on ensuring that only eligible voters have their ballots counted, but they differ sharply on how to achieve that goal without disrupting the voting process.

Original reporting: Fox News (HLL/CB) — read the source article.