Courts Push Back on Trump Administration Over Refugee Rule and California Ballots

Updated Oct. 29, 2026. Judge Carter has ruled on the California ballots. See the update below. First published Oct. 28.

Status: Temporary orders; cases ongoing. Neither case is over. The refugee order is a short administrative stay. In California, the district judge denied the administration's request, and the administration says it will appeal.

Update, Oct. 29: judge denies the California ballot request

On Oct. 28, U.S. District Judge David O. Carter denied the Justice Department's request to stop election officials from processing the ballots of up to 20,000 voters whose citizenship the administration questions (order, via the California Attorney General; AP). More than 3.7 million Californians had already voted.

• The ruling: Carter wrote that the intervention would "wreak havoc" on the election, and that "Eroded trust in our democracy is irreparable. Once a vote is segregated, lasting harm has occurred" (AP).
• The allegations: Carter called the administration's allegations "not credible" (LA Times).
• The sample check: in court papers, Los Angeles officials said a preliminary check of 200 names on the list found a "high percentage" who say they were born in the U.S. They said the sample also turned up many people with no voting history at all (ABC News).
• The earlier appeals ruling: earlier in the week, a federal appeals court panel ruled 2-1 against a similar request for an immediate order (ABC News; see below).

The administration's side: the administration flagged these voters as likely noncitizens and asked the court to have California set their mail ballots aside. It says it will appeal Carter's decision (LA Times). The fight now moves to a higher court less than a week before the Nov. 3 midterms.

The refugee rule

On Oct. 27, U.S. District Judge Julia Kobick of Massachusetts issued a 10-day administrative stay, through Nov. 6, of a USCIS rule issued Oct. 14 (The Hill; court order).

• The rule: it cut the time refugees have to answer termination notices from 30 days to 10.
• The stay: it gives the assigned judge time to consider a longer block.
• Notices already issued: the order also bars ending anyone's refugee status for failing to answer a short-deadline notice issued since Oct. 14.
• Scale: DHS estimated the rule could affect up to 186,000 refugees.
• Who sued: refugee advocacy groups and four refugees.

The administration's side: the administration defends the rule as a national-security and anti-fraud measure. USCIS called the lawsuit a "frivolous attempt to disrupt" immigration enforcement (Investing.com).

The California ballots

The administration is seeking to keep about 20,000 mail ballots from being counted. It says they went to "likely" noncitizens (Al Jazeera; LA Times).

The appeals court: the 9th Circuit ruled 2-1 against sequestering the ballots.

• The majority: Judge Gabriel Sanchez wrote that granting the request would invite "disorder and confusion for voters and election officials alike."
• The states' role: the panel noted that running elections is the state's job.

The district court, before the ruling: U.S. District Judge David O. Carter (LA Times; ABC News):

• questioned how the suspect-voter list was put together
• warned about disenfranchising eligible voters
• told federal officials to stop threatening election workers
• had said he planned to appoint a special master, which could push a final decision past Nov. 3

Carter ruled on Oct. 28. See the update above.

The administration's side: it says the request is aimed at keeping ballots sent to likely noncitizens from being counted.

Related coverage

• Democrats ask Judge Boasberg to block DOJ and DHS election moves. That motion cites DOJ's efforts on California and Washington ballots.
• Noncitizen ballot fights in Washington, California and Alaska

Why it matters for Americans

Both cases test how far the executive branch can go on immigration status and election enforcement before the courts step in, days before the Nov. 3 election.