OCA v DHS

  • Latest Update: Oct 28, 2026
hands casting ballots

Summary


The ACLU and our partners filed a lawsuit to stop an unlawful and discriminatory program by United States Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) that systematically targets, investigates, and intimidates naturalized U.S. citizens.

The lawsuit was filed by OCA-Asian Pacific American Advocates, OCA-San Mateo, OCA-Sacramento, Common Cause, ACLU of Northern California, ACLU of Southern California, Asian Americans Advancing Justice – AAJC, and Asian Americans Advancing Justice Southern California (AJSOCAL), represented by the ACLU Voting Rights Project.

Since August 2026, USCIS has run what it calls an “Unlawful Voter Initiative” aimed at tracking and investigating foreign-born citizens under the guise of voter eligibility checks. As a result, thousands of fully naturalized American citizens are subjected to improper investigations, door-to-door interrogations, and potential disenfranchisement based on flawed government data.

The lawsuit aims to immediately stop the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) from continuing the Unlawful Voter Initiative. It also seeks to block the federal government from pressuring state election officials to withhold or discard valid ballots cast by individuals appearing on DHS’s unreliable lists. Additionally, the legal action demands a formal declaratory judgment establishing that the initiative violates the Civil Rights Act’s Uniform Standards Provision, the Privacy Act, and the Administrative Procedure Act (APA).

 

 

 

 

 

 

Partner Organizations:
OCA-Asian Pacific American Advocates, OCA-San Mateo, OCA-Sacramento, Common Cause, ACLU of Southern California, Asian Americans Advancing Justice – AAJC, Asian Americans Advancing Justice Southern California (AJSOCAL), represented by the ACLU Voting Rights Project.

Documents


News & Commentary


MAKE the CASE: The Myth of Voter Fraud

How do you distinguish a rule that promises election security from a rule that protects the people already in power? In this inaugural episode of MAKE the CASE, Abdi Soltani, executive director of the ACLU of Northern California, discusses attacks on free and fair elections in California and nationwide, and how the ACLU is working to defend this critical constitutional right.

Each episode of MAKE the CASE takes you behind the scenes of a consequential case or issue making headlines, unpacking what’s at stake, why the ACLU gets involved, and whose rights could be affected.

Listen to MAKE the CASE on our website and subscribe wherever you get your podcasts.

Screenshot from Make the Case podcast episode featuring Carmen King and Abdi Soltani in studio, sitting across from each other at a table with mics, with podcast logo featuring the scales of justice with audio file between them

Learn More About the Issues in This Case


Related News & Podcasts


Podcast
Oct 06, 2026
Screenshot from Make the Case podcast episode featuring Carmen King and Abdi Soltani in studio, sitting across from each other at a table with mics, with podcast logo featuring the scales of justice with audio file between them
  • Voting Rights|
  • +1 Issue

MAKE the CASE: The Myth of Voter Fraud

How do you distinguish a rule that promises election security from a rule that protects the people already in power? In this inaugural episode of MAKE the CASE, Abdi Soltani, executive director of the ACLU of Northern California, discusses attacks on free and fair elections in California and nationwide, and how the ACLU is working to defend this critical constitutional right. Each episode of MAKE the CASE takes you behind the scenes of a consequential case or issue making headlines, unpacking what’s at stake, why the ACLU gets involved, and whose rights could be affected. Listen to MAKE the CASE on our website and subscribe wherever you get your podcasts.