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Senators Schumer and Padilla Discuss DHS Whistleblower Disclosure On Capitol Hill

US Senate Minority Leader Chuck Schumer (D-NY) speaks while Sen. Alex Padilla (D-Calif.) looks on during a September 14, 2026 press conference at the US Capitol in Washington, DC.

(Photo by Finn Gomez/Getty Images)

Senate Dems: Whistleblower Says DHS Voter Fraud Hunters Were Ordered to Break Laws

“Donald Trump and his administration are obsessed with election conspiracy theories and operate under the wrong assumption that they are above the law—they are not."

US Senate Minority Leader Chuck Schumer and Democratic Sen. Alex Padilla on Monday accused the Trump administration of directing federal immigration officers to violate state laws in an aggressively quixotic campaign to identify supposed “unlawful voters,” warning that the operation could ensnare American citizens and undermine the November midterm elections.

At a press conference, Padilla (Calif.) and Schumer (D-NY) cited a whistleblower disclosure alleging that US Citizenship and Immigration Services (USCIS) personnel were instructed to access sensitive state voter records by misrepresenting their identities and falsely claiming authorization to obtain individual voters’ information.

According to the disclosure:

An anonymous federal whistleblower disclosed that USCIS headquarters has directed USCIS Fraud Detection and National Security Directorate (FDNS) officers to use individuals’ personal information to search state voter registration systems—likely resulting in thousands of violations of state laws. If necessary, officers are even told to lie and misrepresent themselves as voters on state election agency websites. USCIS leaders are directing officers to generate law enforcement records against so-called “unlawful voters” based on adding “magic” to data which in many cases will be inaccurate. Tens or hundreds of thousands of people in all 50 states, including naturalized US citizens, are being swept up in this rushed effort in the lead-up to Election Day.

The New York Times noted that the whistleblower disclosure "offers an inside view of what the Department of Homeland Security is calling the 'Unlawful Voter Initiative,'" which the paper revealed earlier this month.

According to the whistleblower, hundreds of FDNS employees were abruptly pulled from their regular immigration and national security work to investigate alleged noncitizen voting—a practically nonexistent occurrence.

For example, a Brennan Center for Justice analysis of around 23.5 million votes cast during the 2016 election cycle found 30 suspected cases of noncitizens voting, or 0.0001% of all votes cast. A 25-year-audit in Republican-controlled Georgia found zero votes cast by noncitizens.

The two senators said in a joint statement that the whistleblower's allegations "are especially alarming because they come just weeks before the November 2026 midterm elections."

"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," they added.

Schumer warned that the US Department of Homeland Security "is sending hundreds of officers who should be focused on our security on a wild goose chase to prove [President Donald] Trump’s long-debunked election conspiracy theories—and DHS is telling officers to lie to do it."

"This new DHS initiative is nothing more than an unlawful order by the government to silence the voices of Americans," he added.

Padilla said that “Donald Trump and his administration are obsessed with election conspiracy theories and operate under the wrong assumption that they are above the law—they are not."

“The whistleblower’s disclosure outlines shocking allegations of unlawful and unethical conduct that includes potentially thousands of violations of state law and the use of highly questionable data, which they refer to as ‘supplemental magic,’ to falsely flag naturalized US citizens as ineligible voters in federal law enforcement records," the son of Mexican immigrants continued.

"At the same time, USCIS is directing employees to ignore the law in search of voters’ personal information because this administration’s unlawful attempts to coerce states to hand over their voter rolls have been rejected by the courts," Padilla said. "I thank the whistleblower for the bravery and integrity to come forward with these shocking reports and for standing up for the rule of law."

Padilla added that US Homeland Security Secretary Markwayne Mullin "must be transparent and shut down this sham ‘investigation’ now."

On Sunday, Padilla and Schumer sent a letter to Mullin and USCIS Director Joseph Edlow accusing DHS of prioritizing "manufacturing evidence for election conspiracy theories, rather than FDNS’ fraud detection and national security mission."

"The disclosure shows how DHS is deploying federal law enforcement resources to go around those judicial rulings and gather state voter information by any means, regardless of state laws," the senators continued. "Further, the administration’s continued claims of election fraud signal its intent to use this unreliable evidence of 'unlawful voters' in ways that can disenfranchise eligible voters, disrupt state and local election administration, and subject election officials to additional unwarranted threats of prosecution."

The lawmakers demanded that DHS and USCIS "be transparent about what they intend to do with the unreliable records they are generating, immediately stop this initiative and related activities, and remove any TECS or other law enforcement or administrative records generated from it."

The legal nonprofit advocacy group Democracy Defenders Fund—which is representing the whistleblower—said Monday that its client "feels it is their duty to come forward and reveal potentially unlawful conduct related to the 'unlawful voteri nitiative.”

"Our client is understandably extremely concerned about retaliation by administration officials should their identity become known," the group continued. "As such, we ask that reasonable steps be taken to maintain their anonymity throughout the whistleblowing process."

"The whistleblower makes this disclosure out of concern that law enforcement records used against individuals, including US citizens, being created through potentially unlawful means and based upon unreliable information," Democracy Defenders Fund added. "That is a dangerous abuse of the power of the federal government. We respectfully submit this disclosure for inquiry and investigation."

League of Women Voters of the United States CEO Celina Stewart said in a statement that “if these reports are true, this is not merely alarming. It is a five-alarm fire for American democracy."

"Allegations that federal workers were pressured to fabricate evidence and falsely frame citizens as criminals strike at the heart of the Constitution and the rule of law," she continued. “The power of government must never be used to manufacture suspicion, silence dissent, or, as reported, create false justification for investigations. Yet these reports suggest an effort to further fuel unfounded narratives about our elections while placing eligible voters at risk of intimidation and government scrutiny."

“Every eligible voter deserves to participate in our democracy free from fear, harassment, or wrongful investigation," Stewart added. "The federal government has a duty to protect constitutional rights, not undermine them through unreliable data, flawed processes, or political pressure."


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