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Biden-appointed judge blocks voter-fraud probes in battleground states just days before midterms

A Biden-appointed federal judge in California ruled Wednesday that the Department of Homeland Security must halt certain investigations into suspected illegal voting, citing concerns over voter intimidation.

U.S. District Judge Araceli Martínez-Olguín, the jurist in question, was born in Mexico and nominated to the federal bench by President Joe Biden in 2022. Before becoming a federal judge, Martínez-Olguín spent about six years at the American Civil Liberties Union, a progressive civil rights organization, where she worked on women's and immigrants' rights issues.

The activist groups suing DHS "demonstrate[d] that they are likely to succeed in their claim that Defendants have run afoul of the Voting Rights Act’s prohibition of intimidating voter assistance and mobilization," according to Martínez-Olguín.

DOJ OFFICIAL DEFENDS TRUMP'S NONCITIZEN VOTER PROBE ON '60 MINUTES,' ACCUSES SHOW OF EDITING OUT HER ANSWERS

The public’s "interests in safe elections, free from interference or intimidation, far exceed (the government’s) purported interest in combating unlawful voting by non-U.S. citizens," she added.

The Trump administration, meanwhile, maintained that noncitizen voting in federal elections is a crime and that DHS has statutory authority to investigate suspected violations. Martínez-Olguín did not find investigating noncitizen voting as itself unlawful, but instead argued that DHS’ methods likely violate the law as it used unreliable source data and sent armed agents to homes to conduct interviews, which could constitute intimidation.

STATE DEPARTMENT CONSIDERS SHARING PASSPORT RECORDS FOR VOTER CITIZENSHIP CHECKS

Lawyers representing the federal government conceded that some American citizens may have been looked at in connection with DHS’ investigations, but contended that in-person interviews were "expressly designed to resolve the discrepancies."

Noncitizen voting is rare, but cases of illegal voting have been documented. News broke earlier this year, for example, that New Jersey erroneously placed over 6,000 non-citizens on its voter rolls. The Justice Department announced charges against 16 individuals in September, including noncitizens accused of voting illegally in federal elections, and brought additional election-related charges in October.

NEW JERSEY REMOVES 6,600 PEOPLE FROM VOTER ROLLS WHO WERE ELIGIBLE TO CAST A BALLOT FOR 2024 ELECTION

Martínez-Olguín’s order blocks DHS from carrying out certain field investigations into suspected illegal voting involving U.S. citizens in California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin. Several of those states are led by Democrats who have opposed the Trump administration's immigration enforcement policies, and some face high-profile elections in November.

Cracking down on illegal voting has been a priority for the second Trump administration, though it has yet to produce evidence of widespread noncitizen voting.

The judge delayed enforcement of her order until Friday, giving the Trump administration time to appeal, and set the restrictions to expire on Election Day unless otherwise ordered.

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"DHS is laser focused on identifying, prosecuting, and removing aliens who vote and dilute the votes of U.S. citizens. ONLY Americans should elect American leaders," a spokesperson for the department told Fox News Digital. "We have no plans to question or investigate people we believe to be U.S. citizens."

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House Dem leader's attack on voter ID comes back to haunt him after election fraud bust in his home state

House Democrats' No. 3 leader is under fire for his opposition to voter ID in his home state of California.

House Democratic Caucus Chairman Pete Aguilar, D-Calif., spoke at a press conference earlier this month criticizing a measure on Californians' ballot this Election Day that, if passed, would mandate that voters show government-issued photo ID at the polls.

He made the comments just weeks before the Department of Justice (DOJ) announced a crime bust that saw several U.S. permanent residents accused of registering to vote despite not being citizens.

MAP IT: DOJ ILLEGAL VOTING CRACKDOWN SWEEPS 17 STATES AS RAZOR-THIN ELECTIONS FACE SCRUTINY

Rep. Ken Calvert, R-Calif., hammered Aguilar's opposition to voter ID and argued the DOJ's recent actions made it "obvious" that the ballot measure, called Proposition 39, was needed.

"Give me a break," Calvert told Fox News Digital. "You have to show an ID to board an airplane, cash a paycheck, rent an apartment or even buy cold medicine at the grocery store. Democrats claiming that requiring photo ID before casting a ballot is somehow 'racist' or 'voter suppression' is complete nonsense and an insult to every voter's intelligence."

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Rep. Vince Fong, R-Calif., said voter ID "is basic election security that the vast majority of Americans support, and 36 states already require."

"While opponents are resorting to lies and fearmongering, Proposition 39 is commonsense reform in a world where you need an ID to rent a car, stay at a hotel, open a bank account or board a flight," Fong told Fox News Digital. "The DOJ's recent voter fraud bust in California is exactly why these safeguards matter."

Rep. Young Kim, R-Calif., similarly said showing photo ID is a "simple standard we already require to board a plane, purchase alcohol or pick up a prescription."

"This isn't controversial and it shouldn't be complicated. Our elections deserve at least as much consideration as a beer or a bottle of wine," Kim told Fox News Digital.

Aguilar, meanwhile, criticized Proposition 39 during a press conference with Democratic gubernatorial candidate and former Biden administration Cabinet Secretary Xavier Becerra earlier this month.

"We will not stand for this, because we will not stand for people to lose an opportunity to exercise their ability to vote. In Arizona, they tried this. They wanted folks to put their driver's license numbers on their ballots. Think about that. What if you miss one digit? Your vote doesn't count?" Aguilar proposed. "What if you're married in California? What if you're married, and you haven't changed your name and you go to vote? No longer will you be able to vote. That is what is at stake for Californians."

SCHUMER SAID 'DEMOCRATS SUPPORT VOTER ID' – THEN EVERY SENATE DEMOCRAT VOTED AGAINST GOP BILL

He called it a "voter suppression effort" pushed by Republicans.

"Republicans can win only when they suppress the vote. Donald Trump and MAGA Republicans know that they are bankrupt of ideas and solutions, and so they have to change the rules of the game," Aguilar said.

NEWSOM SPARS WITH TRUMP-APPOINTED PROSECUTOR OVER 20,000 SUSPECTED NONCITIZENS ON VOTER ROLLS

Meanwhile, the California government criticized the DOJ's operation while pointing to reports that said more of those charged were registered as Republicans rather than Democrats.

"For nearly a decade, Trump has baselessly alleged mass voter fraud rings were employed by Democrats and utilized 'illegal immigrants' to sway elections across the country – often pointing to California," a release on Gov. Gavin Newsom's state website read. "Courts at all levels have rejected the claims of vast voter fraud or that elections were rigged against the President."

Voter ID laws currently exist in 36 states and polls have shown they have a majority of Americans' support.

But in Congress, several efforts to pass federal voter ID legislation have been thwarted by Democrats in recent years.

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Fox News Digital reached out to Aguilar's campaign for a response to his GOP House colleagues' comments.

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Newsom spars with Trump-appointed prosecutor over 20,000 suspected noncitizens on voter rolls

Governor Gavin Newsom and Bill Essayli, a Trump-appointed federal prosecutor in California, sparred on social media this week about whether the state is doing enough to prevent noncitizens from voting.

Essayli, the first assistant U.S. attorney for California's Central District, surfaced a court document filed Tuesday in which a Los Angeles County election official said the registrar's office "is not equipped or authorized to verify voter citizenship because it does not independently house citizenship-related information beyond the voter attestation."

The official, Monica Flores, made the declaration as part of a Justice Department lawsuit seeking to force California to verify the citizenship of more than 20,000 people the federal government believes are likely noncitizens who were sent mail ballots ahead of this year's midterm elections.

Essayli called Flores' statement a "massive concession" that shows election officials take voters' word on whether they are a citizen.

STATE DEPARTMENT CONSIDERS SHARING PASSPORT RECORDS FOR VOTER CITIZENSHIP CHECKS

"American citizens’ votes are being diluted in California," Essayli wrote.

In response, Newsom's press office account on X said California adheres to a 1993 federal law that requires people registering to vote through the DMV to swear under penalty of perjury that they are eligible, including that they are U.S. citizens. Similar attestation requirements apply to federal mail-in voter registration forms.

"May want to brush up on your election law before tweeting," Newsom's office wrote in a jab at Essayli. "Perhaps Second Assistant is more apt from now on?"

Essayli fired back by citing two federal statutes that make it unlawful for noncitizens to vote in federal elections.

‘RAW MATERIAL FOR ELECTION FRAUD’: EXPERT FLAGS VOTER-ROLL PROBLEMS FAR BEYOND ONE STATE

The public spat highlighted the central dispute in the lawsuit against California: whether the state should take additional steps to verify the citizenship of voters when the federal government flags potential issues with the rolls.

According to the Justice Department's complaint, U.S. Citizenship and Immigration Services (USCIS) cross-checked California voter registration records with federal immigration data.

That investigative process, described by DOJ lawyers as "preliminary," yielded a list of more than 20,000 registered voters federal investigators identified as likely noncitizens. California voters were mailed ballots beginning Oct. 1.

In its initial complaint filed Oct. 15, the Justice Department asked a federal court to require California to set aside mail ballots associated with people on the list until their citizenship could be verified.

Flores, an official with the LA County Registrar's Office, argued that doing so is now virtually impossible because once a ballot's signature is verified, it is removed from its identifying envelope and processed alongside hundreds of thousands of others.

DOJ OFFICIAL DEFENDS TRUMP'S NONCITIZEN VOTER PROBE ON '60 MINUTES,' ACCUSES SHOW OF EDITING OUT HER ANSWERS

As of Tuesday, the county has processed 331,000 ballots, according to Flores' statement in court.

She also pointed out that the registrar's office is "not an investigative agency," adding that she was unaware of "any state or federal law granting it investigative authority."

Nonetheless, staff from the registrar's office reviewed a sample of 200 records from the Justice Department list that had LA County addresses.

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"The October list is unreliable: 112 of the 200 records correspond to registrations that are canceled or inactive," according to Flores' statement. "Of the voters where birthplace was meaningfully reported, 38.9% indicate that they were born in the United States, which is strong evidence of citizenship; and 71.2% of the records have no voting history."

In a statement to Fox News, Essayli said these reported numbers "are meaningless because, by their own admission, they have no way to verify anyone's citizenship status or their birthplace."

There are indications that the Justice Department list does contain at least some individuals who could have broken the law.

On Monday, the Justice Department charged 28 individuals off that list, all lawful permanent residents, with making false statements on naturalization applications and fraudulently registering to vote. Most of them cast unlawful ballots in elections, officials said.

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MEPs push for EU solidarity fund to improve access to cross-border healthcare

MEPs are pushing for an EU solidarity mechanism to help patients pay for treatment abroad, arguing that financial barriers are preventing Europeans from exercising rights they have had on paper for more than a decade.

The calls came as Parliament discussed a report commissioned to inform its own-initiative report on modernising patients’ rights in cross-border healthcare. The study found that cross-border care accounts for just 0.004% of EU public health expenditure, despite patients continuing to face upfront costs, complex reimbursement procedures and prior-authorisation requirements.

Tomislav Sokol (EPP, Croatia) called the proposed solidarity mechanism a potential “game changer” for vulnerable patients, but challenged Parliament to spell out how it would work.

“How would it work in practice? How would it be financed? Would this be part of the EU budget?” Sokol asked. “We need to know it now, so that we can also use this in negotiations on the future EU budget, in the next MFF.”

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