Los Angeles County’s account of suspected noncitizen voters has come under the spotlight — with an immigration official swearing under penalty of perjury that none of the county’s 200 sample names linked to federal records were born in the United States.
The glaring discrepancy was laid bare in new documents as the Trump administration fights to stop California from counting ballots linked to more than 20,000 suspected noncitizens.
“LA County says a sample of the Trump admin’s 200 names of suspected non-citizen voters showed that 38.9% attested to being born in the US. But in a new sworn statement under penalty of perjury, a DHS official says its investigation shows none of LA County’s 200 names were born in the US,” Fox News correspondent Matt Finn said on X.
The declaration, filed Oct. 26, comes from Nicolas Bartell, associate director of fraud detection at US Citizenship and Immigration Services, who detailed the agency’s review of immigration records.
“After a thorough review of the immigration records of all the individuals on the County’s Sample List, it was determined that none of the individuals USCIS matched to the County’s Sample List were born in the United States according to USCIS records,” Bartell stated.
The filing says USCIS examined 51 people on a Department of Homeland Security list whose California voter registrations indicated they claimed US birth.
Four individuals might have a claim to US citizenship, including three who potentially derived citizenship through a parent despite being born abroad. Another person was determined to be deceased.
There’s an important caveat. Bartell’s declaration addresses individuals USCIS matched to the county’s sample, not every person on California’s voter rolls.
Still, the conflicting accounts put the county’s reported findings under fresh scrutiny after the administration sought emergency action from the 9th Circuit Court of Appeals to force California to set aside disputed mail-in ballots and verify voters’ citizenship before counting them.
US Attorney Bill Essayli argued the larger case in a Los Angeles federal courtroom Tuesday, demanding ballots believed to be cast by non-voting citizens be separated.
Essayli pushed for a preliminary injunction, warning that 500,000 ballots have already been counted and any votes cast by noncitizens could be included in the tally.
“We are not seeking to change the rules. As we speak thousands of ballots are being counted. We have a strong interest in election integrity,” Essayli told a packed courtroom.
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Facing dozens of lawyers representing California and LA County who argued federal courts should stay out of the election, Essayli joked, “I’m a little outnumbered here.”
Federal Judge David Carter said he would issue a ruling Wednesday.
Outside court, Essayli welcomed a swift decision, anticipating an appeal.
“We made our case in court today,” he said. “We are committed to fighting for the American people and their right to vote.”
In a statement following the hearing, Essayli’s office said the issue would ultimately reach the highest court in Amerca.
“Ultimately, this question will be decided by the Supreme Court, and I look forward to serving in my current role until then,” the statement said.
According to the Justice Department, more than 20,000 likely noncitizens on the voter rolls have been sent mail-in ballots
Federal officials warn that once disputed ballots are mixed into the count, separating them out could prove impossible.
“Every minute that goes by, American citizen votes are being diluted in the state of California,” Essayli said Thursday. “It’s an emergency, and we expect the courts to treat it as such.”
Federal law prohibits noncitizens from voting in federal elections, and the government says some people have faced criminal charges over alleged illegal registration and voting.
