SEATTLE, WA – A federal judge on Thursday granted a temporary restraining order sought by OneAmerica Votes, the Latino Community Fund of Washington State, and the United Food and Commercial Workers Union (UFCW), blocking the Trump administration from pressuring Washington election officials to set aside the ballots of registered voters it claims are noncitizens.
In response to a lawsuit filed by Elias Law Group attorneys, U.S. District Judge Jamal N. Whitehead ordered the U.S. Department of Justice, the Department of Homeland Security, Attorney General Todd Blanche, Homeland Security Secretary Markwayne Mullin, and federal prosecutors not to direct or demand that any Washington state, county, or local election official remove specific registered voters from the rolls, refuse to issue them ballots, or segregate or decline to count their ballots in the 2026 general election. The order also bars federal officials from threatening election officials with criminal prosecution or investigation for refusing to comply.
On October 26 – just eight days before Election Day – federal prosecutors sent Washington Secretary of State Steve Hobbs a list of roughly 400 registered voters whom federal agencies claim “are or were noncitizens,” while conceding in the same letter that those voters “may have subsequently naturalized.” Secretary Hobbs’s preliminary review found that the federal list includes many U.S. citizens, as well as a significant number of people who are inactive or not registered to vote at all.
The letter gave the Secretary 48 hours to instruct county officials to halt the counting of those voters’ ballots and warned that more names would follow. That same day, federal officials publicly warned that election workers who process those ballots could be prosecuted, and the Acting Deputy Attorney General later sent the Secretary a letter emphasizing that mishandling ballots is a federal crime punishable by imprisonment.
“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 and may not threaten those officials with prosecution for counting votes as state law requires,” Judge Whitehead wrote. “Voters who followed the rules should not lose their votes to a list that even its authors admit may include citizens.”
The order took effect immediately and remains in place for 14 days unless extended. The court denied the administration’s request to stay the order pending appeal. A hearing on the plaintiffs’ motion for a preliminary injunction is scheduled for November 18, 2026. The order does not prevent federal officials from sharing information with election officials, requesting their voluntary cooperation, or investigating and prosecuting unlawful voting.
“The Trump administration issued an inappropriate eleventh-hour demand, backed by threats of prosecution, to set aside the ballots of voters that even they admit may be eligible citizens,” said Elias Law Group partner Abha Khanna. “On Thursday, the court made clear that federal prosecutors have no authority to strong-arm state election officials into setting aside lawful ballots. Washington runs its own elections, and every eligible Washingtonian deserves to have their ballot counted without federal interference.”
“It was clear to Washingtonians, and to the court, that these efforts to sow mistrust in our elections were about suppressing the will of voters – not ‘election integrity,’ said Roxana Norouzi, Executive Director of OneAmerica Votes. “The overwhelming turnout and the results of Tuesday’s election show that we the people have chosen a more optimistic future for our country. Voters will not accept the Trump administration’s racialized fearmongering. We demand our votes are respected.”
“These allegations are another step in the ongoing campaign to erode trust in our democratic process and in the way Washington State runs its elections,” said Lilliane Ballesteros, Executive Director of Latino Community Fund of WA State. “Voters should not have to worry that their ballots or voices won’t be heard.”
“This injunction represents a clear rebuke of the Trump administration’s attempt to silence the voice of working people”, said UFCW Local 3000 President Faye Guenther, who represents thousands of UFCW members working in Washington State. “Washington State has one of the safest and most secure election protocols in the country. Working people know that, they trust it, and they stand up to protect it when corrupt politicians with their billionaire backers threaten it.”
“This injunction protects the most fundamental part of our democracy: the right to vote,” said UFCW International Communications Director Jessica Raimundo. “Millions of Americans exercised that right this week by casting their ballots and trusting that election officials counted their votes without fear of reprisal. That trust placed by the working people in Washington cannot be undermined, nor can their voices be silenced.”
OneAmerica Votes is one of the largest immigrant-serving civic organizations in Washington and helps naturalized citizens register and vote. The Latino Community Fund of Washington State builds civic power in Latino, immigrant, and allied communities across Yakima, Snohomish, Pierce, Franklin, and King Counties. UFCW represents more than 60,000 workers in Washington State. All three organizations count naturalized citizens among their members and constituents and were actively engaged in get-out-the-vote efforts for the November 3 general election.
Click HERE to read the order.
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