A coalition of civil rights organizations has initiated a federal lawsuit aimed at halting a government program they claim unfairly targets and intimidates naturalized American citizens under the guise of verifying their voting eligibility. Florida is among the states where this scrutiny is particularly focused.
Filed in the U.S. District Court for the Northern District of California, the lawsuit — case no. 3:26-cv-12617 — involves OCA-Asian Pacific American Advocates, OCA-San Mateo, OCA-Sacramento, and Common Cause, with backing from the ACLU and Asian Americans Advancing Justice. The defendants are the Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS). As of now, the government has not yet issued a response.
At the heart of this legal challenge is the so-called "Unlawful Voter Initiative," launched by USCIS in August 2026. This initiative redirected hundreds of agents to scrutinize individuals listed by DHS, containing personal identifiers such as birth dates, Social Security numbers, and Alien Numbers for hundreds of thousands across all 50 states.
This action is part of an evolving immigration landscape impacting thousands of Cubans and Latin Americans. Stay updated on all developments in our U.S. Immigration section.
The initiative exclusively affects naturalized citizens, as everyone on the list has an Alien Number, an identifier not assigned to those born in the U.S.
Data reliability stands as a significant point of contention. A review of a sample from 20,000 California voters suspected as non-citizens found that 38.9% of those with recorded birthplaces were actually born in the U.S., and 71.2% had never voted.
Nicolas Bartell, the associate director of USCIS's fraud unit, admitted that the data "may be incomplete, outdated, or mismatched."
The lawsuit alleges that agents were instructed to impersonate voters to access state election registration portals, managing five cases per hour — equating to no more than 12 minutes each. Training specifically guided agents to provide false information for access to the portals in Florida, Virginia, and Massachusetts, with DHS's chief counsel reportedly approving these actions as "perfectly correct."
Information obtained through the Freedom of Information Act indicates that records from Florida are prioritized, along with those from New Jersey, Michigan, Minnesota, Ohio, Arizona, and Georgia.
If an agent suspected illegal voting during these rapid checks, a report would be filed in the TECS law enforcement database, potentially leading to border checks and even criminal arrests.
This issue is particularly significant for the Cuban community in South Florida: approximately 691,000 registered voters of Cuban descent reside there, and 66% of Cuban immigrants in the U.S. are naturalized citizens. This places hundreds of thousands in the potential scope of the federal list, as legislative elections approach on November 3.
This lawsuit is part of a series of legal actions that have intensified in the weeks leading up to the election. On October 22, a federal judge restricted DHS operations in nine states due to voter intimidation concerns.
Additionally, the Department of Justice recently announced charges against 48 foreigners for electoral offenses, including four Cubans. Republican Congressman Randy Fine has also proposed reviewing all naturalizations since 1990, which could impact hundreds of thousands of Cubans.
Experts advise naturalized citizens planning to vote on November 3 to verify their registration on their county or state website, keep their naturalization certificate, and consult an immigration attorney before responding if contacted by USCIS or federal agents.
"Naturalized citizens are American citizens, with the same right to vote as anyone born here," stated John C. Yang, president of Asian Americans Advancing Justice-AAJC. "We urge voters to cast their ballots. Do not stay home out of fear."
FAQs on Voter Investigation and Rights of Naturalized Citizens
What is the "Unlawful Voter Initiative"?
The "Unlawful Voter Initiative" is a program initiated by USCIS in August 2026, reallocating agents to investigate individuals on a DHS list, potentially affecting naturalized citizens under the pretense of verifying voting eligibility.
Who is impacted by this initiative?
The initiative targets naturalized citizens since all individuals on the DHS list possess an Alien Number, which is not assigned to U.S.-born citizens.
How reliable are the data used in the investigation?
Concerns about data reliability are significant. A review showed nearly 39% of suspected non-citizen voters in California were actually U.S.-born, and over 71% never voted, highlighting potential inaccuracies.
What steps should naturalized citizens take if contacted by USCIS?
Naturalized citizens should verify their voter registration, retain their naturalization certificate, and consult an immigration lawyer if contacted by USCIS or federal agents for guidance.