A Trump administration policy requiring ballots from suspected noncitizens to be segregated and set aside briefly survived a federal court challenge early Monday. Before the day ended, however, the full Ninth Circuit had wiped away that victory and ordered [1] another hearing.
Federal prosecutors last month demanded that election officials in California and Washington state separate ballots flagged by federal databases as coming from noncitizens, according to UPI. The policy did not call for the ballots to be immediately canceled.
The correspondence from federal officials also warned state election workers that refusing to segregate the flagged ballots could expose them to prosecution. Democrats quickly challenged the demand in court.
U.S. District Judge Trina Thompson issued a temporary restraining order against the administration’s policy on Friday, Oct. 30, according to The Hill. Thompson is a Biden appointee.
Thompson wrote, “Ballots have already been issued. Americans have already begun voting.”
She continued, “Workers have already begun processing ballots.” She added, “Given the consequences of inaction, the Court sees no reason to delay its ruling.”
Three days after Thompson issued her restraining order, a Ninth Circuit panel consisting of three judges lifted it. That decision allowed the Trump administration to continue its case against California.
The administration’s courtroom victory did not last long. Just hours later, the full Ninth Circuit abruptly vacated the panel’s ruling and directed that the dispute be reheard by a much larger panel of judges.
The court explained its decision in a new ruling: “Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 40(c) and Circuit Rule 40-3.”
“The three-judge panel order for publication filed on November 2, 2026, is vacated,” the ruling continued. With that order, the administration’s brief win at the Ninth Circuit disappeared in a burst of judicial whiplash.
Hours after a 9th Circuit panel lifted a temporary restraining order on the DOJ investigating voter fraud allegations, the circuit pulled back the order and set the case for a hearing en banc. It is a whiplash order that hampers the Administration’s efforts on election integrity.
— Jonathan Turley (@JonathanTurley) November 3, 2026 [2]
Following the full court’s intervention, the Trump administration submitted a last minute request to the Supreme Court. It asked for a limited injunction blocking Thompson’s restraining order.
“The administration argued that the limited injunction would preserve the ballots while their eligibility is investigated, without canceling any votes,” Fox News reported. The request therefore focused on retaining the ballots while officials examined whether they were eligible.
That attempt also failed. “Justice Elena Kagan denied the appeal on the eve of the midterm elections without comment, and did not refer it to the other justices,” Fox News added.
BREAKING: The U.S. Supreme Court has STRUCK DOWN the Trump administration’s emergency petition to require California to segregate ~20K ballots from alleged noncitizens for citizenship verification. “Justice Elena Kagan denied the request without comment, did not refer to the other justices.”
OUTRAGEOUS.
The Court offered no explanation and no noted dissents—on the eve of the election. Lower courts had already blocked it.
How can Americans trust elections when DEEP-BLUE states refuse basic citizenship verification of their voter roll?!?!
— RedWave Press (@RedWavePress) November 2, 2026 [3]
California Gov. Gavin Newsom responded by attacking the administration on social media. He accused President Donald Trump of attempting to discard thousands of ballots and intimidate election workers.
“Donald Trump is trying to throw out 20,000 California ballots and intimidate election workers,” Newsom wrote. “Let me be CLEAR: If you interfere with our elections, California WILL come for you.”
“No presidential pardon will save you,” Newsom added. “We are READY. Every eligible vote WILL be counted.”
Newsom’s declaration about eligible votes came while he was responding to a policy involving ballots flagged by federal databases as having come from noncitizens. The governor later released another statement celebrating the Supreme Court decision.
“After repeatedly losing in the lower courts, the highest court in the land firmly slapped down the Trump DOJ’s baseless attack on California’s electoral process — not even entertaining it,” Newsom said.
“The third branch of government did its job, and that should be a welcome sight for all Americans given the disgusting and dangerous attacks on our democracy by the federal government,” the governor added. The administration’s segregation policy remained blocked following Kagan’s denial.