Kaine, Colleagues Demand DHS Halt Efforts to Undermine 2026 Midterm Elections
WASHINGTON, D.C. – U.S. Senator Tim Kaine (D-VA) joined 33 of his Senate colleagues in a letter demanding that Department of Homeland Security (DHS) Secretary Markwayne Mullin halt the Department’s efforts to extend federal control over and undermine public trust in the 2026 midterm elections. The senators wrote to request information substantiating Mullin’s public claims about noncitizens who registered to vote, called on DHS to rescind new election-related conditions on Federal Emergency Management Agency (FEMA) homeland security grants and release the full grant funding to states, and urged DHS to end the alleged “Unlawful Voter Initiative” disclosed by a recent whistleblower.
“We write to warn you against continued activities at the Department of Homeland Security (DHS) that seek to undermine the Constitutional authority of both Congress and states to administer elections and defy the directions of federal courts. As Secretary of Homeland Security, you have promoted the President’s conspiracy theories about our elections, pressured states to participate in illegal activities, and explicitly threatened to reduce grant funding and initiate criminal investigations for those states that do not comply with the Administration’s demands,” the senators wrote.
In their letter, the Senators raised concerns about Mullin’s unsupported claim that 250,000 noncitizens were registered to vote in four states and criticized DHS efforts to pressure states to provide sensitive voter roll information to be run through the Systematic Alien Verification for Entitlements (SAVE) program, despite the Administration’s acknowledgment of problems with the underlying data. The Senators also objected to new election-related conditions on FEMA’s Homeland Security Grant Program, which have been retroactively applied to previously awarded Fiscal Year 2025 funding and are threatening Fiscal Year 2026 funding. By threatening to withhold funding that communities rely on to prevent acts of terrorism and other threats, Mullin is putting Americans' safety at risk as political leverage.
The senators also highlighted allegations from a federal whistleblower about an effort referred to as the “Unlawful Voter Initiative.” According to the whistleblower, U.S. Citizenship and Immigration Services (USCIS) personnel were allegedly directed to use sensitive, personally identifiable information and improperly access state voter registration websites to find noncitizen voters. The whistleblower also alleged that personnel were directed to create law enforcement records using incomplete and unverifiable data for potential referral to law enforcement.
The senators called on Mullin to immediately provide all information substantiating his July 17, 2026 allegations regarding noncitizens who registered to vote, rescind FEMA Information Bulletin Nos. 569 and 569(a) and release all withheld funds to states without further delay; and provide information about the “Unlawful Voter Initiative” and immediately cease its activities.
“The 2026 midterm elections are already underway. Your unsubstantiated allegations of noncitizen voter fraud, public recitation of unreliable data, and unwarranted conditioning of continued grant funding for state election security measures on compliance with politically motivated requests for voter data appear to be calculated efforts to undermine confidence in our elections and risks wrongly disenfranchising voters,” the senators concluded.
In addition to Kaine, the letter was signed by U.S. Senators Gary Peters (D-MI), Alex Padilla (D-CA), Dick Durbin (D-IL), Chuck Schumer (D-NY), Angela Alsobrooks (D-MD), Tammy Baldwin (D-WI), Richard Blumenthal (D-CT), Lisa Blunt Rochester (D-DE), Chris Coons (D-DE), Catherine Cortez Masto (D-NV), Tammy Duckworth (D-IL), John Fetterman (D-PA), Ruben Gallego (D-AZ), Maggie Hassan (D-NH), Martin Heinrich (D-NM), John Hickenlooper (D-CO), Mark Kelly (D-AZ), Andy Kim (D-NJ), Angus King (I-ME), Amy Klobuchar (D-MN), Ben Ray Luján (D-NM), Jeff Merkley (D-OR), Patty Murray (D-WA), Jack Reed (D-RI), Jacky Rosen (D-NV), Bernie Sanders (I-VT), Adam Schiff (D-CA), Elissa Slotkin (D-MI), Chris Van Hollen (D-MD), Mark Warner (D-VA), Raphael Warnock (D-GA), Elizabeth Warren (D-MA), and Ron Wyden (D-OR).
Full text of the letter is available here and below.
We write to warn you against continued activities at the Department of Homeland Security (DHS) that seek to undermine the Constitutional authority of both Congress and states to administer elections and defy the directions of federal courts. As Secretary of Homeland Security, you have promoted the President’s conspiracy theories about our elections, pressured states to participate in illegal activities, and explicitly threatened to reduce grant funding and initiate criminal investigations for those states that do not comply with the Administration’s demands.
You have been unwilling to publicly affirm that you will not send U.S. Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) personnel to the polls, despite federal law barring their presence. Most recently, you deployed Homeland Security Investigation (HSI) agents across nine states for a “coordinated criminal voter fraud surge initiative,” despite the lack of verifiable evidence of widespread noncitizen voter fraud. Your actions as Secretary are intentionally undermining Americans’ trust in the 2026 midterm elections and appear to purposefully disenfranchise eligible voters. Taken together, these actions amount to an illegal attempt to federalize the administration of the upcoming midterm elections.
At the direction of President Trump, you have endeavored to coerce states into divulging sensitive voter roll information, raising serious concerns about how that information will be stored and used. On March 25, 2025, President Trump issued Executive Order No. 14248, which required DHS to compare state voter registration lists against federal immigration databases. The Executive Order was followed by an overhaul of the Systematic Alien Verification for Entitlements (SAVE) program, which transformed the program from one used for individual benefits eligibility checks to a system that could carry out bulk searches of records using Social Security numbers. Since then, DHS has repeatedly pressured states to share their voter rolls and run them through the modified SAVE program, despite legal concerns and known accuracy issues. You have exerted this pressure despite the fact that U.S. Citizenship and Immigration Services (USCIS), which administers the SAVE program, has acknowledged that its results can be inaccurate. Additionally, the Social Security Administration (SSA) has acknowledged that its citizenship data for naturalized citizens – which is used by the SAVE program – is incomplete and unreliable. Even though the Supreme Court has allowed you to use the SAVE program for now, we remind you of the requirement of the National Voter Registration Act, 52 U. S. C. §20507(c)(2)(A) that bars any systematic removal of ineligible voters within 90 days of Election Day.
On July 17, 2026, you claimed, without evidence, that 250,000 non-citizens were registered to vote in four states. This claim has been refuted by states and even by other administration officials. For example, you claimed that around 16,000 noncitizens illegally registered to vote in Nevada, but later, other DHS officials alleged the number was only 185. A subsequent review by Nevada state officials found all 185 individuals were U.S. citizens. These states did not agree to give you their sensitive state voter roll information and judges in each state dismissed the Department of Justice’s efforts to access that information. Moreover, elections experts have challenged the legitimacy of these numbers. Considering the inaccuracies in SSA’s citizenship categorizations and the questions surrounding how you obtained the voter roll information needed to analyze this data, we cannot trust the numbers as reported.
Further, under your leadership, the Federal Emergency Management Agency (FEMA) recently added new terms and conditions to fiscal year (FY) 2025 and 2026 Urban Area Security Initiative and State Homeland Security Grant Program awards. These are grants provided to states to help them protect their communities from terrorism and other hazards. In the FY 2025 Notice of Funding Opportunity (NOFO), FEMA mandated that 3% of the target allocations for these grants be spent on enhancing election security, including critical activities like hardening election locations. Now, after FY25 agreements have already been signed, this Administration is threatening to withhold a percentage of the funding hostage if recipients do not meet these new, specious requirements, despite serious legal and implementation concerns. FEMA also added requirements to the recently released FY26 Homeland Security Grant Program NOFO, conditioning 20% of the full amount of the grants on states’ compliance with election requirements that states have contested in litigation. DHS’s continued interference with FEMA’s grants puts FEMA’s mission at risk, slows down the administration of grants, and ultimately hurts communities.
Now, a federal whistleblower has alleged that, at the direction of DHS and USCIS leadership, the component’s Fraud Detection and National Security Directorate staff may have violated laws and DHS policies in furtherance of a new “Unlawful Voter Initiative.” According to the whistleblower, USCIS staff were given a list of names and told to use sensitive personally identifiable information to impersonate voters and access state voter registration websites to verify individuals’ immigration and voter registration statuses. Equipped with incomplete and unverifiable data compiled with “supplemental magic,” USCIS staff are allegedly being directed to create law enforcement records on individuals, including U.S. citizens, for possible referral to HSI for further investigation. If true, this is just another alarming effort by the Department to use data that USCIS materials admit may be inaccurate, coupled with questionable means to potentially disenfranchise voters.
The 2026 midterm elections are already underway. Your unsubstantiated allegations of noncitizen voter fraud, public recitation of unreliable data, and unwarranted conditioning of continued grant funding for state election security measures on compliance with politically motivated requests for voter data appear to be calculated efforts to undermine confidence in our elections and risks wrongly disenfranchising voters.
We are deeply troubled by the actions that you, DHS, and the Trump Administration have taken. As such, we demand that you immediately cease the aforementioned activities and provide us with all information underpinning the allegations made in your July 17, 2026, letter regarding non-citizens registered to vote, rescind Information Bulletin Nos. 569 and 569(a), release all withheld funds to the states without further delay, and provide information about the “Unlawful Voter Initiative.”
Thank you for your prompt attention and cooperation in this matter.
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