Padilla, Schumer Announce DHS Whistleblower Report Revealing Trump Administration Directed Officers to Break State Laws in Voter Fraud Hunt

Whistleblower reveals DHS officers were directed to illegally access sensitive voter data and create law enforcement records based on faulty data; Senators demand DHS immediately halt illegal initiative

Known U.S. citizens are being swept up into the initiative, based on faulty and rushed data that DHS compiled using "supplemental magic"

WASHINGTON, D.C. - Today, U.S. Senator Alex Padilla (D-Calif.), Ranking Member of the Senate Committee on Rules and Administration, with jurisdiction over federal elections, and Ranking Member of the Senate Judiciary Committee's Subcommittee on Border Security and Immigration, and Senate Democratic Leader Chuck Schumer (D-N.Y.) announced the receipt of a new whistleblower disclosure that alleges the Department of Homeland Security (DHS) is directing U.S. Citizenship and Immigration Services (USCIS) immigration officers to violate state laws as a part of its "Unlawful Voter Initiative," an effort aimed at substantiating President Trump's unfounded claims of widespread voter fraud.

In response to the compelling evidence of this and other wrongdoing in the disclosure, Padilla and Schumer demanded DHS Secretary Markwayne Mullin and USCIS Director Joseph B. Edlow immediately halt the "Unlawful Voter Initiative" and provide an urgent report to Congress on its activities.

Following reports of the launch of a vast "Unlawful Voter Initiative" at DHS, an anonymous DHS whistleblower has come forward with a disclosure reporting illegal, deceptive and reckless practices that the Trump Administration is undertaking ahead of the midterm elections. The disclosure alleges that DHS and USCIS leadership has abruptly diverted USCIS Fraud Detection and National Security Directorate (FDNS) immigration officers from their national security-related duties and directed them instead to use illegal procedures and questionable data to identify purported "unlawful voters," and create federal law enforcement records against them, including naturalized U.S. citizens.

The disclosure addressed to Senator Padilla alleges that:

1. DHS agents are being ordered to violate state laws and access sensitive voter information under false pretenses
   1. Agents assigned to the "Unlawful Voter Initiative" are directed to use personal information from DHS data to lie to access voter information on state voter registration websites, making false attestations that they are a voter or are acting with a voter's express authorization in order to access sensitive voter data.
2. Leadership is pressuring USCIS personnel to create law enforcement records with information that is likely to be false, which will have serious negative consequences for eligible American voters and other innocent individuals
   1. USCIS headquarters admits that DHS data can conflict with state records and contain both uncertainties and inconsistencies. Yet agency leadership directed officers to create "TECS" federal law enforcement records that relied solely on unreliable DHS-provided voting or registration data, even if officers believe it to be unreliable.
3. Known U.S. citizens are being swept up into the initiative, based on faulty and rushed data that DHS compiled using "supplemental magic"
   1. Naturalized U.S. citizens are being investigated through this initiative without their knowledge or ability to correct erroneous data, with law enforcement records being generated against them. USCIS officers are facing demanding quotas and unrealistic timelines requiring five investigations per hour, or 12 minutes each, only further compounding the potential for errors. These records can have significant consequences that extend well beyond the electoral process, including the possibility that a naturalized U.S. citizen could be referred to secondary inspections by CBP personnel at ports of entry upon return to the United States from legally authorized travel abroad, negative impacts on immigration benefits, and referral to Homeland Security Investigations (HSI) due to rushed, faulty data relied on through this initiative.

"These 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," the Senators wrote. "If unreliable DHS data is used to generate purported evidence of "unlawful voters," that could disenfranchise eligible voters or disrupt state and local election administration. DHS must not allow unreliable federal data or rushed investigations to interfere with Americans' right to vote or the administration of the November elections."

Reports of the establishment of the "Unlawful Voter Initiative" emerged earlier this month, with the New York Times reporting that hundreds of officers have been designated to participate in this hunt for individuals voting illegally. The whistleblower's report shows that this initiative is a "diversion of resources," pulling officers who otherwise specialize in immigration fraud or national security threats.

"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," said Senator Padilla. "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 U.S. citizens as ineligible voters in federal law enforcement records. 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. 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. Secretary Mullin must be transparent and shut down this sham 'investigation' now. I will do everything in my power to ensure accountability for anyone involved with it."

"The Department of Homeland Security is sending hundreds of officers who should be focused on our security on a wild goose chase to prove 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," said Leader Schumer. "As Trump tries to rig the results, Senate Democrats continue to make sure that in the upcoming midterms, all votes will be counted and all voices can be heard. I am thankful that we have brave public servants - like the whistleblower who brought forward this complaint - who are holding the administration accountable. Trump may try to steal this election but we will make sure he can never be successful."

Trump faces a midterm electorate in the midst of his historically unpopular presidency. The American people are reeling as his policies have sent costs skyrocketing and our security is threatened by his Iran War, but instead, he seems most consumed with repainting the reflecting pool and making a ballroom for the White House. Rather than working to bring down costs and rein in corruption, he's turned his focus to rigging the upcoming midterms. Trump has worked tirelessly to stifle mail-in voting, threaten nonpartisan election works, and systematically cast doubt on the results of the election. From a primetime address to Supreme Court petitions, Trump is working to undermine democracy in a way not previously seen in the modern era.

Senate Democrats have recognized the seriousness of Trump's attempts to meddle in the upcoming elections and are working to ensure that every American's voice can be heard. In June, Padilla and Schumer launched the Senate Democrats' new Election Observer Program, a first-of-its-kind Senate initiative to train Senate staff to serve as official election observers and to document any meddling in the 2026 midterm elections.

As Ranking Member of the Senate Rules Committee and California's former Secretary of State and chief election officer, Padilla has championed election security and voting rights. Last month, Padilla led 27 of his Senate colleagues in demanding the Trump Administration stop their illegal voter roll purges before election day. In June, Padilla joined Schumer in launching the first-ever Senate Election Observer Program to protect the 2026 midterms and maintain election integrity nationwide. The Task Force will continue meeting over the coming months to ensure that every American has fair access to the ballot box this November. Padilla also convened a Rules Committee Democrats and Senate Democrats' Election Protection Task Force spotlight forum focused on state and local responses to combat efforts by the Trump Administration to undermine election administration in the upcoming midterm elections. Additionally, Padilla and his Senate colleagues demanded answers from Trump Administration officials about their lack of election security preparation, insufficient coordination with Congress and election officials, and unsupported public claims about voting system vulnerabilities. Earlier this year, Padilla and Senator Ron Wyden (D-Ore.) led their colleagues in filing an amicus brief in Watson v. Republican National Committee, a landmark mail-in voting case in which the U.S. Supreme Court ultimately ruled that states are allowed to count ballots received after Election Day.

A one-pager outlining the whistleblower's disclosure and the potential consequences for voters and elections is available here.

Padilla and Schumer's letter, which includes the whistleblower's disclosure, is available here and below:

Dear Secretary Mullin and Director Edlow:

On September 8, 2026, Senator Alex Padilla received a protected whistleblower disclosure (the Disclosure") that reveals serious allegations of illegal and inappropriate activities within the Department of Homeland Security's ("DHS" or "the Department") U.S. Citizenship and Immigration Services ("USCIS") Fraud Detection and National Security Directorate ("FDNS").

According to the attached Disclosure, the Department and USCIS leadership have abruptly diverted FDNS personnel to an "Unlawful Voter Initiative" using highly questionable data and methods to identify purported unlawful voters. DHS materials admit these investigations will include naturalized U.S. citizens, some of whom will have federal law enforcement records created against them. FDNS employees are expressing concern that they are being directed to take actions that are against the law and Department policy, which will harm Americans. The whistleblower's Disclosure includes compelling evidence of wrongdoing and abuse of power by agency leadership including:

(1) USCIS personnel have been directed to access sensitive voter information in violation of state laws prohibiting unauthorized access to individual voter records potentially thousands of times;

(2) USCIS personnel are under significant pressure from headquarters to enter federal TECS records against individuals that are likely to be false in many cases, potentially harming thousands of people in likely violation of federal privacy requirements;

(3) With minimal training, agency leadership is imposing reckless quotas that demand USCIS personnel investigate 40 subjects per day, a rate of roughly 12 minutes per subject, to complete this rushed investigation by September 12; and,

(4) USCIS personnel are being tasked with unreliable DHS voter data of dubious origins, that is compiled with "supplemental magic", which they are required to accept as accurate.

On Friday, August 21, 2026, USCIS FDNS personnel were instructed to drop everything and watch one training video. By the following Tuesday, August 25, they were directed to begin reviewing data provided by DHS to FDNS to hunt for "unlawful voters." Hundreds of employees have been diverted to chasing the Administration's unfounded claims of significant noncitizen voting. This sudden surge indicates that the Department's top priority is now manufacturing evidence for election conspiracy theories, rather than FDNS's fraud detection and national security mission.

It is notable that these activities come as federal courts have unanimously rejected the Administration's attempts to coerce states to share their citizens' voter data. 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. 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.

1. Illegal Access to State Voter Records Using PII

The whistleblower's Disclosure shows this initiative appears to involve thousands of violations of state laws protecting voter data against unauthorized access. Several states, including Virginia, require a specific attestation that one is authorized to access the voter's information, under penalty of law. However, the Department and USCIS are directing assigned personnel to make false claims, using Personally Identifiable Information (PII) from DHS data, on state government websites by affirming that they are the voter or have been authorized by the voter to obtain the desired state voter data. This appears to be a clear-cut violation of state laws regarding access to individual voter information and raises serious questions about federal privacy laws and data policies as well.

As documented by the Disclosure, federal employees are being directed to misrepresent themselves based on questionable guidance from USCIS's Office of Chief Counsel ("OCC"). This guidance stated that FDNS officers may conduct such searches on these websites as "open-source research for 'adjudicative or investigative' purposes," seemingly disregarding certain states' laws. This guidance also conflicts with 5 U.S.C. §552a(a)(7), which defines "routine use" "with respect to the disclosure of a record" as "the use of such record for a purpose which is compatible with the purpose for which it was collected." Further, statements made by Department leadership that personnel would not be "personally liable" for conducting these searches indicates a known concern about the legality of these actions.

• Creation of Erroneous Federal Law Enforcement Records

The Disclosure also outlines the serious consequences for individuals whose information is being reviewed through this initiative. FDNS officers were instructed to create records known as "TECS records" for individuals who have been determined to be "unlawful voters" despite questions from officers regarding the source and accuracy of voting and immigration history information to make these determinations. TECS records are law enforcement records maintained by U.S. Customs and Border Protection (CBP) that carry significant downstream impacts on individuals, including naturalized U.S. citizens.

Now, tens of thousands of individuals are being investigated by FDNS officers through this initiative without their knowledge or ability to correct erroneous data. The Department's own training information acknowledges there will be serious flaws in the data, even stating "there will be U.S. citizens in this population." At a time when immigration enforcement is significantly increasing at airports, U.S. citizens or other lawfully present noncitizens could be referred to secondary inspections by CBP personnel at ports of entry upon return to the United States from legally authorized travel abroad due to a TECS record based on questionable sources. While USCIS' materials caution about the possibility of unreliable data, personnel are nevertheless directed to generate records regardless of whether they believe that the DHS-provided data is correct, which can trigger referrals to Homeland Security Investigations (HSI).

• Minimal Training and Reckless Quotas Leading to Criminal Investigations

As revealed in the Disclosure, staff were given just one session of training as part of this initiative - consisting only of a video that lasted approximately 1 hour and 45 minutes. Less than 3 business days later, assigned staff were expected to begin reviewing data, with quotas of 5 subjects per hour, or 40 per day over 8 hours. Not only is such a breakneck pace likely to cause fatigue amongst these staff, but it equates to approximately 12 minutes per subject - a completely inadequate timeline for investigating and reconciling multiple Alien Registration Numbers mistakenly or inadvertently issued to an individual, increasing the likelihood of error. Individual cases identified by this initiative can then be taken up by HSI for further action, including criminal investigations.

• Questionable Source Data Compiled With "Supplemental Magic"

The Disclosure establishes a glaring lack of transparency around the source data provided by the Department for these investigations. The official training video states that the data was compiled with "supplemental magic." The video also establishes that both headquarters and USCIS personnel understand the shortcomings of both the state voter data and the federal immigration and citizenship data, including individuals with multiple alien numbers, but personnel are required to accept the data even when they believe it to be inaccurate. This use of "supplemental magic" on this data set to create records to be used against citizens shows a shocking disregard for the federal privacy and data laws enacted to protect the American people.

The Department has already shown repeated disregard for the Privacy Act and other laws and policies limiting federal agencies' collection, use, and sharing of individuals' records. The Disclosure shows that some of the data being used to check against state voter rolls comes from the SAVE program. The modified use of SAVE is now barred by a federal court injunction, raising questions about whether the Department is following that court order.

Continuation of Administration's Baseless Claims of Election Fraud

These activities are especially alarming just weeks before the 2026 midterm elections. They also must be seen in the context of the repeated, unverified claims by President Trump of widespread noncitizen voter fraud, including those made during his July 16, 2026, prime-time address from the White House. Over the past several weeks, CNN, The New York Times, The Washington Post, and ProPublica and other outlets have reported on the intense White House pressure on DHS and other agencies to back up the President's baseless claims of widespread election fraud. ' Now, the Administration appears likely to use the "unlawful voters" supposedly identified with "supplemental magic" in ways that disenfranchise eligible voters and threaten state and local election officials before, during and after Election Day 2026.

In light of this Disclosure, DHS and USCIS must (1) be transparent about what they intend to do with the unreliable records they are generating; (2) immediately stop this initiative and related activities; and (3) remove any TECS or other law enforcement or administrative records generated from it. In addition to taking immediate corrective action, please provide answers to the attached questions no later than September 21, 2026.

Thank you for your prompt attention to this important matter.

Sincerely,

###