DHS shared non-English voting jurisdictions alongside DOJ prosecution checklist

UC San Diego poll finds 40% of voters expect ICE at polling locations

An internal Department of Homeland Security email newly acquired by NPR lists dozens of U.S. counties and states that provide ballots and election materials in languages other than English — a 78-page document that was shared inside the agency alongside a Department of Justice criminal checklist for prosecuting voter-related charges. The email, dated Dec. 19 of last year, was sent by an acting director of DHS border policy whose name is redacted to Rob Law, the department’s undersecretary for strategy, policy and plans, with other officials from that office copied, including Heather Honey, who is leading the administration’s efforts to root out noncitizen voting.

The document was released as part of a tranche of materials after the Democratic National Committee sued over a public-records request and then shared the records with NPR. The agency’s redactions are heavy, and nothing in the material alludes to enforcement activity at any of the locations listed. In a court filing defending those redactions, DHS described the email as a “subordinate sharing initial thoughts and opinions with leadership.” Why the non-English jurisdictions list was attached remains unclear from the public record.

Dan Freeman, the DNC’s litigation director and a former attorney in the Justice Department’s Voting Section, said the combination of the document and the FOIA request it was deemed responsive to is what alarmed him. The DNC had sought records on whether there were any plans to deploy federal agents or troops to polling places, drop boxes or election offices in upcoming elections.

“The very simple connection that I logically drew is that they’re targeting [these jurisdictions],” Freeman said. “We are hoping to learn more. But right now, the logical inference that I think anyone would make is that they are thinking about prosecution of federal election crimes in jurisdictions where elections are conducted in a language other than English.”

DHS, asked by NPR about the document, said in a statement that anyone who votes illegally shouldn’t be able to “use a purported lack of knowledge” of English to avoid prosecution. The department separately said it “is not planning operations targeting polling locations.”

The list itself tracks jurisdictions covered by Section 203 of the Voting Rights Act, which requires election officials to provide materials in a non-English language where more than 5% of voting-age citizens primarily speak that language. The document also captures state and local policies that go beyond that federal floor. The DOJ criminal checklist attached to the email outlines requirements for prosecution of voter-related charges.

Democrats have said for months that they are worried the Trump administration’s hunt for noncitizen voters will entangle or intimidate eligible voters and dampen turnout in this year’s midterms. DHS has surged resources into noncitizen-voting investigations even as prior audits have found such fraud to be extremely rare.

Administration officials have at times suggested federal officers could appear at the polls. Earlier this month, Homeland Security Secretary Markwayne Mullin said Immigration and Customs Enforcement agents could serve warrants at polling places. In May, President Trump said he would do “anything necessary” to make sure the U.S. has “honest” elections when asked directly about the possibility of agents at the polls. Civil rights coalitions have sued to stop DHS from deploying federal officers to the polls.

The rhetoric is already affecting voters, according to polling released this week by UC San Diego. Roughly 40% of voters now think it’s likely ICE agents will be present at voting locations in their area — a figure that includes roughly a third or more of Democrats, Republicans and independents. The survey also found voters of color were significantly more likely than white voters to say they feared voting could put them at risk of being questioned by immigration authorities despite being U.S. citizens.

Voting officials have warned that fear of enforcement could depress turnout even if no federal operations materialize. Paul López, Denver’s top elections official and a plaintiff in one of the lawsuits seeking to keep federal agents from the polls, said the administration is trying to “put it out there to discourage people from voting.”

“What they’re trying to do is put it out there to discourage people from voting, to create an atmosphere of fear, and it creates a chilling effect on the democratic process,” López said.

Denver is among the jurisdictions listed in the DHS document as a place that offers multilingual election materials. Close to a third of the city’s population is Hispanic or Latino, according to census data. López, told by NPR about Denver’s inclusion, said he was not concerned because federal law is on his side.

“It is illegal for folks to be targeted on the basis of their language,” López said. “My message to voters is, ‘Don’t let these thugs scare you. Don’t let them intimidate you. You’re not going to be bullied and we’re not going to be intimidated.’”

“Democracy will happen,” López added.

Much of the broader tranche of FOIA materials remains redacted; the DNC is still litigating to obtain more records from the federal government. The full scope of any internal planning around non-English jurisdictions therefore remains to be determined by what courts order released.