DOJ has verified 20,000 noncitizens on California voter rolls, federal prosecutor says

A top federal prosecutor in California said federal investigators have determined that all 20,000 people they flagged on the state's voter rolls as "likely noncitizens" are not U.S. citizens.

Bill Essayli, the first assistant U.S. attorney for California's Central District, told Fox News Digital that federal investigators have evidence that these 20,000 individuals received mail ballots this month. His office sued California last week seeking a court order to prevent any ballots they return from being counted.

"We're not asking California to take any drastic steps other than to sequester the ballots from the suspected noncitizens," Essayli said in an interview on Wednesday. "We believe it's at a minimum of 20,000. That's the floor."

The potential ceiling, he said, is much larger. Essayli referenced a letter Homeland Security Secretary Markwayne Mullin sent to in July that .

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Since then, federal investigators have been sifting through those records to identify people they believe they can verify as noncitizens.

He said 20,000 is only the current tally and expects thousands more names to be added in the coming days.

In court filings, California election officials have pushed back against the Justice Department's demands, arguing that county election offices lack both the authority and access to federal records needed to verify voters' citizenship status.

They have also said that sequestering ballots from people on the DOJ list is impossible in cases where the ballots have already been processed. Once a ballot's signature is verified, it is removed from its identifying envelope and processed alongside other ballots, meaning it can no longer be traced back to an individual voter.

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"That is true. That's why we're getting an emergency court order requiring them to put those ballots aside," Essayli said. "Ballots have already gone out, people are filling them out and they're being returned in process as we speak. So, the crime is occurring in real time."

The DOJ escalated its push for immediate court intervention Wednesday, asking the judge to rule on its emergency request by noon Thursday. In Los Angeles County alone, officials have already processed 331,000 ballots, according to court records.

Essayli's office filed suit on Oct. 15, roughly two weeks after California sent out mail ballots, including to the possible noncitizens on the DOJ list, according to the federal government.

When asked why the Justice Department didn't act sooner, Essayli explained that investigators did not know exactly which voters would receive ballots until they were sent.

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He said California should cooperate with the federal government to expedite the process of verifying voters' citizenship.

That would involve providing additional identifying information, including driver's license numbers and Social Security numbers when available, that federal investigators could cross-check against government databases.

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