In a decisive ruling on Thursday, U.S. District Judge Jamal Whitehead in Seattle rejected the Trump administration’s bid to have Washington state set aside ballots from more than 400 voters claimed to be noncitizens. The temporary restraining order, which will remain in effect for two weeks, prevents federal prosecutors from ordering the state to discard those votes while the Justice Department reviews the matter.
Background of the dispute
Federal prosecutors Charles Neil Floyd and Pete Serrano, representing the Department of Justice, alleged that Washington’s voter rolls contain at least 405 illegal immigrants who have cast roughly 1,500 votes in elections dating back decades. They asked the state to withhold those ballots from the count, describing their list as only the “tip of the iceberg.” The request came less than a week before the November 5 election, which saw Democrats make substantial gains nationwide.
State response
Washington Secretary of State Steve Hobbs, a Democrat, dismissed the federal list as unreliable, noting it included U.S. citizens and lacked concrete proof of noncitizen status. Hobbs called the letter from Floyd and Serrano a “dumpster fire disguised as a legal document.” He emphasized that the state does not have a mechanism to verify noncitizen status on its rolls, but any illegal voting would be caught during existing investigations.
Legal ruling
Judge Whitehead, appointed by President Joe Biden, concluded that the DOJ’s request was not a formal order but merely a request, and therefore the federal government could not compel Washington officials to set aside the ballots. While the decision does not bar the Justice Department from prosecuting individuals who vote unlawfully, it does limit the agency’s ability to interfere with the state’s ongoing vote‑counting process.
“For the next two weeks, while Washington’s counties count and certify the ballots already cast, DOJ may not demand that election officials set aside a registered voter’s ballot because the voter’s name appears on a federal list,” Whitehead wrote. “Voters who followed the rules should not lose their votes to a list that even its authors admit may include citizens.”
Next steps
The order is set to expire on November 24, the deadline for counties to certify election results, with the state expected to finalize certification by December 3. A hearing on a possible injunction extending the order beyond the two‑week window is scheduled for November 18.
Justice Department spokesperson Kiersten Pels said the agency is reviewing the ruling and will consider “next steps.” She clarified that the temporary restraining order is not a final judgment on the merits and that the DOJ will continue to defend its authority to work with states to ensure voter rolls comply with federal law.
Local impact
The decision safeguards Washington’s mail‑in voting system, which remains in use as counties continue to count ballots. It also underscores the ongoing tension between the Trump administration’s efforts to enforce stricter immigration‑related voting rules and state officials who argue that such actions threaten legitimate voters.
Immigrant advocacy and labor groups, including OneAmerica Votes, the Latino Community Fund of Washington State, and the United Food and Commercial Workers Union, sued the administration to stop the attempted ballot removal, highlighting the broader community concern over potential disenfranchisement.
While the case proceeds, Washington voters can expect their ballots to be counted according to state law, without the interference of a federal list that may contain inaccuracies.
Original reporting: Renton Reporter — read the source article.
