A federal judge told prosecutors they had a traditional remedy for suspected noncitizens voting in California elections: Bring indictments. Federal prosecutors have answered by announcing additional charges and expanding cooperation with local district attorneys across the state, as reported by Red State.

U.S. District Judge David Carter delivered the blunt message to First Assistant U.S. Attorney Bill Essayli during a dispute over how to handle ballots tied to people the Justice Department believes are likely noncitizens.

“You have the right to bring that indictment against them, which is our traditional remedy, which has an absolute chilling effect...” Carter said. He also urged prosecutors to “go out and indict, you know - and we've got the ballots.”

Carter rejected an effort to segregate those ballots as they were returned and delay tabulation while California officials verified citizenship. Instead, he pointed federal officials toward prosecutions after the fact.

Essayli and federal prosecutors in California’s other three federal judicial districts had already taken that route on the first day of Operation Protect the Vote. They announced charges against 28 lawful permanent residents accused of illegally registering to vote and, in most cases, casting ballots in one or more elections.

All 28 people appeared on a list of 20,000 likely noncitizens that the Justice Department provided to state election officials. The list has become central to the court battles surrounding the federal effort.

At a Monday afternoon press conference, Essayli announced six additional cases. He said those defendants “have been charged in federal criminal complaints alleging they illegally registered to vote and voted in California then lied about it on their forms to become naturalized United States citizens.”

Five of the six defendants were in custody when the press conference was held. Law enforcement officers were working to apprehend the sixth person at that time.

Essayli acknowledged that his office lacks the resources to arrest and prosecute every person on the 20,000-person list who could be proven not to be a citizen. His answer is to enlist county district attorneys who can pursue cases in their own communities under California law.

The federal government is working with local law enforcement because voting by noncitizens is prohibited under both federal and state law, Essayli said. That cooperation could put considerably more cases into the hands of prosecutors beyond his office.

San Luis Obispo County District Attorney Dan Dow joined Essayli to announce that his office had charged one noncitizen with three felonies. The allegations include voter registration fraud, perjury, and fraudulent voting.

The individual allegedly registered to vote in 2016 and later cast a ballot in the September 2021 gubernatorial recall election. Dow said the crime was not discovered until October 23, 2026, and that a special allegation allows prosecution despite the passage of time.

Dow also said his office is investigating 16 additional noncitizens and is “nearing a charging decision” in those cases. That leaves more potential state charges looming as federal prosecutors continue their own work.

“Protecting the integrity of our elections is not a Republican or Democratic issue – it is an American and Californian responsibility,” Dow said.

“We appreciate our federal partners’ assistance and will independently investigate every credible allegation of illegal voting, follow the evidence, and enforce California law while safeguarding the rights of every accused person.”

With the latest arrests, 34 defendants have been charged federally through Operation Protect the Vote. Every federal defendant was included on the 20,000 person list at the center of the litigation.

Essayli said the individuals on that list are legal immigrants who are voluntarily pursuing citizenship, but they are still not entitled to vote. He distinguished them from people who entered the country unlawfully and whose identities, he said, are not known to federal officials.

Essayli renewed his call for California election officials to cooperate quickly with federal authorities in verifying the citizenship of people casting ballots. “Every illegal vote cast and counted cancels the legitimate vote of an American citizen.”

“We will continue to arrest and prosecute those who threaten our democratic republic through unlawful vote dilution,” Essayli said. With federal and county prosecutors now joining forces, the judge’s invitation to pursue indictments is being taken seriously.

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