State of California

USCIS Voter Initiative Challenge

OCA-Asian Pacific American Advocates v. U.S. Department of Homeland Security

A pro-voting lawsuit challenging a USCIS policy that improperly targets naturalized U.S. citizens.

Background

A coalition of civil rights organizations, represented by the ACLU Voting Rights Project, filed a lawsuit against the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) over the administration’s “Unlawful Voter Initiative Program.” Plaintiffs assert that the program utilizes flawed methodology and outdated information to flag alleged noncitizens, improperly targeting naturalized U.S. citizens for unlawful scrutiny and investigation. The lawsuit argues these actions violate the Civil Rights Act, the Administrative Procedure Act and the Privacy Act.

Why it matters

The Trump administration has spread conspiracy theories about illegal noncitizen voting since President Donald Trump lost the 2020 presidential election. Allegations of noncitizens voting have escalated as the U.S. Department of Justice’s campaign for states’ unredacted voter rolls has failed in court. In October, the Department of Justice sued California over 20,000 individuals it alleged were noncitizens registered to vote. But legal challenges confirmed that eligible citizens were improperly included in the list.

Latest updates

  • Oct. 28, 2026: Plaintiffs filed their complaint.

Case Documents