On the eve of the midterm election, the federal government has accused noncitizens of committing voter fraud. Studies by the Brookings Institute, the American Bar Association and others suggest that the pervasiveness of fraud is low, proposing a disconnect between federal action and national statistics.
Voter fraud can fall into several categories, such as attempting to vote multiple times or intentionally providing false information when registering to vote.
The federal administration has alleged that election security in America is insufficient throughout President Donald Trump’s second term.
This morning, the Supreme Court dismissed a federal appeal that aimed to disregard 20,000 ballots after the Justice Department alleged noncitizens cast them. Last week, an appeals court also denied to dismiss the ballots.
“We decline the United States’s invitation to contravene the Elections Clause by undermining the Constitution’s plain text,” the court’s decision read.
Two weeks ago, the DOJ charged 28 lawful permanent residents for alleged voter fraud. State officials such as California Attorney General Rob Bonta said the charges didn’t signal widespread election fraud.
There is little evidence of widespread fraud via mail-in ballots, according to the Brookings Institute. Its study suggests that mail-in ballots increase voter turnout and accessibility for those who may have difficulty going to polls in person.
Niel Frenzen, director of USC’s Immigration Clinic, said some cases of alleged voter fraud may be tied to certain initiatives meant to incentivize greater voter registration. He said noncitizens may accidentally register to vote through the DMV’s streamlined process without realizing it.
However, a person generally cannot be prosecuted if they didn’t intend to register, according to Frenzen.
“People make mistakes, and that doesn’t equate with committing a crime,” he said.
He also added that it is uncommon for the federal government to charge legal residents for alleged election fraud.
“[This] is new,” Frenzen said, “Things like that have not happened on this scale before.”
Shelby Wayment, an attorney at the UCLA Safeguarding Democracy Project, echoed this sentiment, saying these actions are unprecedented. Wayment also commented on the methods used by the administration, which included sending California election officials a USB drive with names of noncitizens who allegedly were registered to vote.
“This is not how the DOJ has historically done things,” she said.
Wayment reiterated that there is little data that points to widespread election fraud.
“They are trying to use intentionally bad data methods to inflate the amount of alleged non-citizens to make it sound bigger than it is,” she said. “I think they’re trying to cast doubt on election integrity and election results.”
Robert Suro, a USC professor of journalism and public policy, said federal actions alleging widespread voter fraud speak to larger fear tactics against the immigrant community.
“Strictly in terms of immigration, it just fits into a larger pattern of demonization, of portraying immigrants as a danger to the country across multiple dimensions,” he said.
During the 2026 midterm election, California voters will decide whether to pass Proposition 39, which would require voters to show a government-issued ID at polling centers. Those voting by mail would write the last four digits of their ID on their ballot envelope.
Edited by Natalie Cerna, Katherine Contreras Hernandez and Scott Hills