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2.0

DOJ demands New Jersey noncitizen voter records following MVC software error

  1. Original Date Announced

    July 21, 2026

    The U.S. Department of Justice (DOJ) issued a demand letter to Governor Mikie Sherrill after New Jersey discovered that approximately 6,600 people who self-identified as noncitizens were registered to vote in New Jersey through a 2023 Motor Vehicle Commission (MVC) software error. The letter gave state officials five business days to hand over the names, addresses, nationalities, and voting records of the 6,600 noncitizens identified.

    In the letter, DOJ states that it informing the federal court overseeing United States v. Caldwell, No. 3:26-cv-2025 (D.N.J.), of New Jersey's discovery because "[i]t provides an additional basis for the Civil Rights Division to obtain an electronic copy of New Jersey's statewide voter registration list."

    Trump 2.0 [ID #2345]

    2026.07.21 DOJ - Demand Letter to NJ Governor re. Noncitizen Voter Registration Records
  2. Effective Date

    July 21, 2026
  3. Subsequent Trump and Court Action

    July 23, 2026

    2026.07.23 Reported: Governor Resists U.S. Demand for Names of Noncitizens on Voting Rolls - New York Times

    The New York Times reports that NJ Governor Sherrill publicly rejected the DOJ's demand to hand over the personal information of roughly 6,600 noncitizens mistakenly registered to vote. Her office stated the state will use "all the legal tools" to protect residents' data, emphasizing that the noncitizens were registered without fault and will be removed from the rolls. She also confirmed that the software vendor is being phased out and noted that there is no evidence that any election results were affected.

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  4. Subsequent Trump and Court Action

    July 29, 2026

    2026.07.29 Opinion - United States v. Caldwell

    District Judge Zahid Quraishi granted New Jersey's motion to dismiss, rejecting the United States' attempt to compel access to the state's voter registration information under Title III of the Civil Rights Act. The United States's complaint was filed on February 26, 2026, after the state refused to comply with the federal government's initial requests for such data in 2025.

    The court held that Title III applies only to records "which come into" election officers' "possession," and does not extend to the state's computerized voter registration list—a document that the state itself created. The court further noted that the state's software error, described above, is not relevant to whether the federal government is entitled to voter data. United States v. Caldwell, No. 3:26-cv-02025 (D.N.J.).

    **Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

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  5. Subsequent Trump and Court Action

    August 6, 2026

    2026.08.06 Reported: New Jersey Voter-Registration Error Could Jeopardize Immigrants’ Status - New York Times

    The New York Times reports that New Jersey’s accidental voter registration of as many as 6,600 noncitizens could threaten their ability to obtain green cards or remain in the United States, even if they never voted or knowingly registered. At least one immigrant from India had his green-card application denied after the error surfaced; he and his family have been subsequently placed in removal proceedings. About 400 affected noncitizens reportedly cast ballots and could face even more serious criminal and immigration consequences.

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Current Status

None

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Subject Matter: Citizenship Interior
Agencies Affected: DOJ AG

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