USCIS Unlawful Voter Initiative Records Challenge

A pro-voting lawsuit seeking records about USCIS’s “Unlawful Voter Initiative” attempting to investigate and prosecute alleged non-citizen voters.

Background

American Oversight filed a lawsuit in federal court seeking to compel DHS to produce records related to six Freedom of Information Act (FOIA) requests about USCIS’s “Unlawful Voter Initiative,” aimed at investigating and prosecuting alleged non-citizen voters. Plaintiff filed the expedited FOIA requests on Sept. 16, 2026 and has not received any records. Plaintiff seeks records related to the initiative from DHS senior officials, including Secretary Markwayne Mullin, Deputy Secretary Troy Edgar, Senior Counselor Heather Honey, USCIS Director Joseph Edlow and other USCIS leaders. Plaintiffs argue that statements made by senior officials at DHS, combined with actions described in a USCIS whistleblower disclosure, create a need to “shed light” on the initiative. The lawsuit argues DHS’s actions violate federal law and seeks to compel expedited production of the records.

Why It Matters

The Trump administration has spread conspiracy theories about illegal, noncitizen voting since Trump lost the 2020 election. Allegations of noncitizens voting have escalated as the U.S. Department of Justice’s campaign for states’ unredacted voter rolls has failed miserably. DHS Secretary Mullin has also threatened to prosecute state officials who refuse to cooperate with DHS. False and misleading claims like President Donald Trump’s July 16 address to the nation, — in which he claimed that 278,000 noncitizens registered to vote in federal elections — and DHS’s refusal to clarify how noncitizen voting statistics are produced further fuel mistrust and undermine Americans’ confidence in voting.

Latest Updates

• Nov. 12, 2026: Plaintiff filed its complaint.