Trump Admin Appeals to 9th Circuit After Judge Ignores DOJ Unilateral Deadline

Trump administration sues federal court over California's voting list after judge ignores DOJ's deadline to stop noncitizen ballots.

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Trump Admin Appeals to 9th Circuit After Judge Ignores DOJ Unilateral Deadline

Trump administration sues federal court over California's voting list after judge ignores DOJ's deadline to stop noncitizen ballots.

In brief

Trump administration sues federal court over California's voting list after judge ignores DOJ's deadline to stop noncitizen ballots. Trump administration appeals to 9th Circuit court after district judge dismissed DOJ's emergency request to stop California from processing noncitizen vote-by-mail ballots. Originally…

Trump admin appeals to 9th circuit

Trump administration sues federal court over California's voting list after judge ignores DOJ's deadline to stop noncitizen ballots.

DOJ's unilateral deadline for noncitizen ballots

DOJ provided list of 20,000 purported noncitizen voters to California officials on Oct 15, 2026.

California's response

California claimed 2026 midterm election was already 'well underway' by Oct 19, 2026.

Emergency request filed

DOJ filed emergency ex parte application for injunctive relief on Oct 19, 2026.

Deadline for ruling

Trump administration asked U.S. District Judge David O. Carter to rule by noon on Oct 22, 2026.

DOJ's legal argument

DOJ claims California election officials 'knowingly' facilitate 'unlawful voting' by noncitizens.

DOJ's request for action

DOJ wants to segregate ballots of suspected noncitizens to ensure only eligible votes are counted.

The 'un-ringing the bell' phrase

DOJ states 'there is no un-ringing the bell, which is ringing as we speak'.

“there is no un-ringing the bell, which is ringing as we speak”

Judge's silence

Judge David O. Carter did not rule on DOJ's emergency request by Oct 22, 2026.

Appeal to 9th Circuit

Trump administration filed notice with district court to appeal to 9th Circuit on Oct 23, 2026.

Injunction pending appeal

DOJ filed motion for injunction pending appeal on Oct 23, 2026.

DOJ's justification

DOJ claims every minute of processing without segregating ballots causes disenfranchisement of lawful votes.

The 'no un-ringing the bell' claim

DOJ states once ballots are processed without segregation, they cannot be undone later.

California's position

California claims it lacks legal authority to prevent noncitizens from voting in November 2026 election.

DOJ's request for action

DOJ wants temporary restraining order to prevent California from processing noncitizen ballots.

Next steps

Trump administration seeks 9th Circuit court to rule on DOJ's emergency request for injunction.

What to remember

Trump administration appeals to 9th Circuit court after district judge dismissed DOJ's emergency request to stop California from processing noncitizen vote-by-mail ballots.

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