The government's noncitizen figures come from a federal analysis, not a verified finding. The state says DHS has not provided the underlying data or methodology, and California has not opened a USB drive DOJ supplied, citing security concerns about the device. Common Cause has argued in a court filing that the October 13 letters and the California complaint may violate an October 9 order by U.S. District Judge Sparkle Sooknanan. That order vacated DOJ's internal "list maintenance project," finding the administration had exceeded its authority and violated privacy laws. Whether the complaint conflicts with that order has not been resolved.
The filing lands less than three weeks before Election Day, after mail-in ballots had already gone out. California automatically mails a ballot to every registered voter, so the flagged individuals already have ballots covering state, local and federal races. The case tests whether federal authorities can require states to hold or verify specific ballots on short deadlines, and whether the noncitizen figures survive judicial scrutiny. Watch for the court's response to the request to halt tabulation, any ruling on whether the suit violates Sooknanan's order, and whether DHS releases its data. President Trump has publicly warned that California officials could face jail time if the state ignores the suit. Election counsel in California and other states named in similar DOJ suits should track the outcome closely.