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Federal judge blocks DHS election-related field operations that could sweep in citizens in nine states through Election Day

U.S. District Judge Araceli Martinez-Olguin issued a preliminary injunction covering California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin. She stayed the order until 5 p.m. Friday.

As of 8:26 a.m. ET, Thursday, Oct. 22, 2026

A federal judge in California on Wednesday blocked the Department of Homeland Security from conducting election-related field operations and field interviews in nine states that involve or are likely to involve people agents know, suspect or should reasonably know or suspect are U.S. citizens, according to the court's order.

U.S. District Judge Araceli Martinez-Olguin of the Northern District of California issued the preliminary injunction, which runs until polls close on Election Day, Nov. 3, and covers California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin, according to the order. She stayed the injunction until 5 p.m. Friday, Oct. 23, and required the plaintiffs to post a nominal $100 bond by 5 p.m. Thursday, Oct. 22, or the order would be dissolved, the order says. GROKsiNEWS.com earlier reported on Homeland Security Investigations agents' door-to-door visits.

What the judge wrote

"The Unlawful Voter Initiative is part of the federal administration's effort to combat voter fraud," Martinez-Olguin wrote in the order. "Limiting the Surge's policies that sweep in U.S. citizens for investigation, and result in the intimidation of CNA/NNU from urging or aiding others in exercising their right to vote during the final weeks leading up to the midterm elections does not prevent Defendants from exercising their authority to investigate voter fraud by lawful means."

The judge wrote that the evidence leads to an "objectively reasonable fear of law enforcement entanglements that intimidates citizens from urging or aiding others in exercising their right to vote," the order says.

The lawsuit

The suit was brought by the California Nurses Association, National Nurses United, the Voto Latino Foundation, Santa Clara County and the city and county of San Francisco, according to Courthouse News. The plaintiffs are represented by Protect Democracy.

"Today, the courts affirmed a vital principle of our democracy: Voting is a fundamental right that citizens – whether born here or naturalized – should be able to exercise without armed government agents harassing them," Beau Tremitiere, a lawyer at Protect Democracy, said in a statement, States Newsroom reported.

A Homeland Security Investigations internal memo dated Aug. 31, filed in court, describes a "surge initiative" beginning Sept. 1 that includes field interviews, and names California, Georgia, Missouri, Pennsylvania, Washington and Wisconsin as September targets, with additional locations redacted, according to States Newsroom.

The government's position

At a hearing earlier this week, Justice Department attorney Kelsey Helland argued that data sharing between U.S. Citizenship and Immigration Services and Immigration and Customs Enforcement, and deploying agents to the nine states, are investigative tactics in ongoing efforts to stop unlawful voting, Courthouse News reported. In an earlier filing, Justice Department lawyers representing DHS wrote, "Enjoining the government from even investigating such criminal violations would damage the public interest, not serve it," according to States Newsroom.

Homeland Security did not immediately respond to a request for comment, States Newsroom reported. Representatives of the Justice Department did not immediately respond to Courthouse News.

What is not known

Neither the order nor the news reports say whether the administration has filed an appeal or asked a higher court to extend the stay. The order does not state a time zone for the 5 p.m. Friday deadline.

Sources

  1. U.S. District Court for the Northern District of California, California Nurses Association v. Mullin, No. 4:26-cv-10680-AMO, "Order Granting Preliminary Injunction," Dkt. No. 87, filed Oct. 21, 2026 (time not shown), via CourtListener
  2. Courthouse News Service, Edvard Pettersson, "Judge curtails DHS crackdown on 'unlawful voters' during midterm elections," Oct. 21, 2026 (time not shown)
  3. States Newsroom, Jonathan Shorman, "Judge blocks Homeland Security from conducting election-related sweeps in 9 states," as republished by Georgia Recorder, 9:38 PM ET Oct. 21, 2026 (01:38 UTC Oct. 22)