Key facts
- DHS officers were reportedly told they would not be held personally responsible for potential violations of state laws when accessing voter registration information.
- Whistleblower claims DHS officers expressed concerns about the reliability of data used in noncitizen voting investigations.
- Some state websites require users to attest they are accessing their own voter information, raising legal questions for DHS officers.
- DHS' office of the general counsel advised the review was permissible as open-source research, but officers were told they were not personally liable.
- The whistleblower alleges DHS is aware the activity may be illegal but requires officers to engage in it with promises of personal liability protection.
- In some cases, DHS data led officers to search for individuals who had no record in state voter registration databases.
Department of Homeland Security (DHS) officers investigating potential noncitizen voting were reportedly told by agency lawyers that they would not face personal responsibility for violating state laws when accessing voter registration information, according to an anonymous whistleblower. The officers also raised concerns about the reliability of the data provided to them for these investigations.
The Trump administration had intensified efforts to investigate noncitizen voting ahead of midterm elections. As part of this initiative, officers were instructed to use DHS-compiled voter data and cross-reference it with state voter websites. Some of these state websites require users to affirm they are accessing their own information, a step that raised legal questions for DHS officers who were essentially misrepresenting themselves.
Lawyers representing the whistleblower stated that while DHS' office of the general counsel advised the activity as permissible open-source research, the agency was aware of potential legal implications. They believe USCIS-FDNS HQ knew the activity might be illegal but proceeded, offering personal liability protection to officers.
The whistleblower also highlighted issues with the data's reliability, noting instances where individuals listed in DHS data had no record in state voter registration databases, particularly in California. Despite these discrepancies, officers were reportedly told to create records in the DHS database Tecs for California residents based on this questionable data.
Concerns about the DHS data have also been voiced by election officials. Earlier this year, DHS informed Nevada officials it had identified over 15,000 non-citizens on its voter rolls, a number that was later revised to 185 after a review. The whistleblower disclosure also detailed pressure on officers, who received minimal training and were expected to review a high volume of individuals per hour.