Whistleblower Alleges DHS Violated State Laws in Voter Roll Searches

<figure><img alt="U.S. Secretary of Homeland Security Markwayne Mullin testifies at a House Appropriations Homeland Security Subcommittee hearing on Capitol Hill in Washington, D.C., U.S., June 25, 2026. REUTERS/Annabelle Gordon" src="https://thedailybeast-thedailybeast-prod.web.arc-cdn.net/resizer/v2/LJ6LKDSJHBA5TNOMM73JXIAQWI.JPG?auth=a39160eead73440f722485d6ed4eff927f9ab8a08b0784516a78637852288ba9&amp;smart=true&amp;width=3657&amp;height=2057" /><figcaption>Annabelle Gordon/REUTERS</figcaption></figure><p>A whistleblower has reported that agents from the Department of Homeland Security (DHS) may have violated state laws while conducting searches of voting rolls for noncitizens. The initiative, known as the “Unlawful Voter Initiative,” has been promoted by former President Donald Trump amid challenges faced by the party in the upcoming midterm elections. This operation involves hundreds of agents examining state-managed voter rolls to identify ineligible voters.</p><p>The whistleblower's report, which was obtained by <a href="https://www.nytimes.com/2026/09/14/us/politics/homeland-security-voter-fraud-investigation.html" rel="" target="_blank" title="https://www.nytimes.com/2026/09/14/us/politics/homeland-security-voter-fraud-investigation.html">The New York Times</a>, alleges that agents may have acted under the direction of department leaders in ways that contravene state laws. For example, the report claims that investigators accessed personally identifiable information, such as birth dates and partial Social Security numbers, to impersonate voters and search for records on publicly accessible state websites. In some states, including Virginia, laws stipulate that only individuals can access their own voter records.</p><img alt="DHS Secretary Markwayne Mullin has been on the job since March. / Evan Vucci/Reuters" height="2698" src="https://thedailybeast-thedailybeast-prod.web.arc-cdn.net/resizer/v2/47KASQEABRGCTO76T3PQQCHPKE.JPG?auth=e003a82ad31a30e6f7fc61083d8b647de0eb2a688248984e42b95f9696c080af&amp;smart=true&amp;width=4797&amp;height=2698" width="4797" /><p>The whistleblower also indicated that the operation relied on questionable data compiled by DHS through what was described as “supplemental magic,” which may have led to U.S. citizens being incorrectly flagged as ineligible to vote.</p><p>Additionally, the report claims that agents are expected to complete 40 reviews during an eight-hour workday, raising concerns about the potential for errors during an average 12-minute search. Such errors could impact individuals’ residency and immigration status.</p><p>When the whistleblower raised concerns about the legality of these actions with leadership in the Fraud Detection and National Security Directorate, the chief counsel's office reportedly stated that the actions were permissible. They also noted that agents would not be personally liable for conducting these searches if they were properly documented as part of their official duties.</p><p>The Democracy Defenders Fund, a watchdog group that produced the report, expressed concern over this response. They stated, “This statement suggests that there may be legal implications for accessing these websites. Yet they are still requiring officers to engage in this illegal activity with promises of personal liability protection.”</p><p>DHS has disputed this interpretation. A spokesperson stated, “The Department accessed publicly available data from states’ voter rolls and cross-referenced them with known aliens in our systems. It’s not rocket science; it’s an easy step to secure our elections.” They further emphasized that the investigative efforts are conducted diligently and professionally, asserting that the identification and investigation of illegal voters is crucial for ensuring the integrity of election results.</p><img alt="DHS maintains its operation in search of ineligible votes is legal. / Evan Vucci / REUTERS" height="2914" src="https://thedailybeast-thedailybeast-prod.web.arc-cdn.net/resizer/v2/RVHF4TEHQ5HU7FL2VXJOQO3NBQ.JPG?auth=985a2f910c9d6d95ab2e9042e68ee3fd59ee11fbc001a4d4840a6252e58d20cd&amp;smart=true&amp;width=4371&amp;height=2914" width="4371" /><p>The identity of the whistleblower remains anonymous due to fears of retaliation. The Democracy Defenders Fund noted that the individual felt compelled to report the misconduct and mismanagement they observed.</p><p>Democratic Senators Alex Padilla and Chuck Schumer have obtained the whistleblower report and have written to Homeland Security Secretary Markwayne Mullin, urging the cessation of the operation. They held a press conference on the matter on Monday.</p><p>In a related <a href="https://www.padilla.senate.gov/newsroom/press-releases/padilla-schumer-announce-dhs-whistleblower-report-revealing-trump-administration-directed-officers-to-break-state-laws-in-voter-fraud-hunt/" rel="" target="_blank" title="https://www.padilla.senate.gov/newsroom/press-releases/padilla-schumer-announce-dhs-whistleblower-report-revealing-trump-administration-directed-officers-to-break-state-laws-in-voter-fraud-hunt/">press release</a>, the senators described the allegations as “especially alarming” given their proximity to the November 2026 midterm elections. They stated, “The Administration is publicly asserting, without evidence, that large numbers of noncitizens are unlawfully registered to vote and deploying federal law enforcement resources to investigate those claims.”</p><p>They cautioned that if unreliable data from DHS is used to substantiate claims of “unlawful voters,” it could disenfranchise eligible voters or disrupt state and local election administration. They urged DHS to prevent unreliable federal data or hasty investigations from interfering with Americans’ voting rights or the administration of the upcoming elections.</p><img alt="Sen. Padilla summarized the whistleblower's account of DHS's voting operation. / X/SenAlexPadilla" height="724" src="https://thedailybeast-thedailybeast-prod.web.arc-cdn.net/resizer/v2/4OQE72IFBRCAVDVMQCDXM56XUM.png?auth=d83710388a62c3cd1e590918ea52eefa11a1085ff407d946030ac5a52327510c&amp;smart=true&amp;width=1198&amp;height=724" width="1198" /><p>DHS reiterated its commitment to investigating illegal voting, stating, “Our message to aliens who vote in American elections is clear: we will find you, arrest you, and you will face the consequences—including criminal charges and deportation.”</p>