Jonathan Shorman, Minnesota Reformer

The Department of Homeland Security obtained tens of millions of unspecified records as part of a sweeping nationwide effort to find voter fraud, according to internal DHS reports, and weighed using undercover agents to investigate voter registration efforts by nonprofit groups.

The reports from May and June by Homeland Security Investigations, a sub-agency of Immigration and Customs Enforcement, provide updates on its “election integrity” investigations. They are included in a trove of documents obtained by the pro-democracy group Democracy Forward through a records request and released Wednesday.

The HSI reports detail an expansive review of nonprofit organizations involved in voter registration. A June 1 report says 82 “NGOs” — nongovernmental organizations — had been reviewed in Pennsylvania alone. Groups in Michigan, Minnesota, New Jersey and Ohio also came under scrutiny.

The June 1 report describes the potential for undercover operations, and refers to efforts across Homeland Security to identify organizations that “may be predatory in nature, particularly those suspected of illegal alien registration and voter encouragement.” Organizations in New Jersey and Pennsylvania remained areas of focus, the report says.

“The objective is to determine potential opportunities to leverage UC (undercover) resources, including the possible deployment of undercover agents (UCAs), to support investigative efforts in the field,” the report says.

Overall, the records offer a window into the Trump administration’s push to root out voter fraud, and especially noncitizen voting, ahead of the midterm elections. While a few months old, they suggest that finding noncitizen voters was an active focus within Homeland Security Investigations, along with identifying any organizations suspected of registering noncitizens to vote.

Noncitizen voting

Noncitizen voting is a rare occurrence, studies have consistently found.

The Justice Department has brought a few dozen cases this year, and U.S. Attorney General Todd Blanche in late September announced indictments against 10 noncitizens over allegations of unlawfully voting. But the census reports 154 million people voted in the 2024 election.

With early voting beginning across many states, Trump’s bid to assert authority over voting has largely failed. The U.S. Supreme Court blocked his plans to use the U.S. Postal Service to restrict mail ballots and the SAVE America Act, which would require voters to show proof of citizenship, stalled in Congress.

But Democrats, voting rights groups and some election officials are concerned Trump may take more extreme action in the coming weeks. They have braced for possible federal interference, including the prospect of ICE or other federal agents deploying to the polls (Homeland Security denies any plans to target polling places).

“This trove of ICE documents provides chilling new insights into the breadth and depth of the Trump-Vance administration’s efforts to pursue baseless claims of widespread election fraud and assert greater federal control over elections ahead of the 2026 midterms,” Hart Wood, senior oversight counsel at Democracy Forward, said in a statement.

Homeland Security and ICE didn’t respond to questions on Wednesday.

At a news conference last week to announce indictments against alleged noncitizen voters in Minnesota, Homeland Security Secretary Markwayne Mullin said the Trump administration would never allow the votes of noncitizens to cancel out the votes of American citizens. He said that only citizens should be electing the country’s leaders.

“Our message to aliens who vote in American elections is clear: We will find you, arrest you, and you will face the consequences, including criminal charges and deportation,” Mullin said.

Nonprofits reviewed, researched

The reports in the records obtained by Democracy Forward describe efforts by HSI to research and review an array of nonprofit groups. In some instances, HSI appeared satisfied after its examination.

The June 1 report notes that research was completed on approximately 41 non-governmental organizations in New Jersey, with “no derogatory information” found. Research on 20 nonprofit funds linked to a Washington, D.C.-based charitable foundation also turned up nothing, the report notes.

But the report also says the Pennsylvania chapter of the Council on American-Islamic Relations was “flagged for further investigation.” CAIR is one of the country’s leading Muslim civil rights groups.

Ahmet Selim Tekelioglu, CAIR Pennsylvania executive director, in a statement said the organization’s civic engagement programs have expanded over the years and include voter registration efforts that seek to ensure Muslim Americans are empowered to vote and fully engaged in the civic process.

“Our voter registration program follows all applicable voter registration rules and requirements,” Tekelioglu said.

Education Minnesota, an educators union, is named in the June 1 report as one of 22 organizations that HSI was beginning to research at the time. Monica Byron, Education Minnesota’s president, said the organization learned of the investigation on Tuesday because of Democracy Forward.

Byron said the group shares Democracy Forward’s concerns about potential government surveillance of lawful voter registration activities.

“We do not know the details of any investigation into our union, but we will not be deterred in encouraging all eligible members to exercise their right to vote in the upcoming election,” Byron said in a statement.

Tens of millions of records

The HSI reports show that Heather Honey, a DHS official who came to prominence denying President Donald Trump’s 2020 election loss, obtained 48.4 million records through “independent sources of information.” Additionally, HSI drew upon some 50.6 million records from the Department of Justice.

The exact nature of the records isn’t described, but the DOJ has sued dozens of states for voter records, including sensitive personal information such as driver’s license and Social Security numbers. The department hasn’t won any of the lawsuits, but at least 16 states have voluntarily provided the data.

The Supreme Court ruled in September that states can use a powerful Homeland Security program called SAVE to help identify possible noncitizen voters after voting rights groups sued to block its use, alleging that it often relies on inaccurate data and has a track record of wrongly flagging U.S. citizens. The decision’s impact on the midterms is expected to be minimal because most states are already too close to a federal election to conduct mass purges of voters.

But the HSI reports suggest that while the legal fight over SAVE was playing out in the courts, Homeland Security was nevertheless analyzing a vast collection of records for signs of voter fraud.

HSI’s June 1 report says 26,563 records derived from ICE had been prioritized for “downstream vetting,” with a focus on Michigan, Minnesota, New Jersey, Ohio and Pennsylvania.

Priority states for HSI’s review of Justice Department records included those states, as well as Arizona, California, Florida, Georgia and Texas.

The report notes that records were sent to iLab — an apparent reference to HSI’s Innovation Lab — for “secondary enrichment and identification of high-value targets.”

Jacob Fischler contributed to this report.

Minnesota Reformer is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Minnesota Reformer maintains editorial independence. Contact Editor J. Patrick Coolican for questions: info@minnesotareformer.com.

A quarter millennia after its founding, the United States faces a stark choice that will define its future.

In the years ahead, the country can continue to follow the path blazed by President Donald Trump, who is attempting to bring states under the authority of a more powerful federal government led by him. Or it can move in a different direction, one where states become a heavier counterweight to an aggressive White House and rebalance the relationship between the states and the federal government.

The United States’ foundations are undergoing a significant stress test, experts say, raising questions about whether a radical reconception of the nation lies ahead. The federalism that has helped bind the states — and therefore, the nation — together is fraying, pulled apart by a president who demonstrates little regard for many of the nation’s core principles.

“I wonder if we will come to a breaking point in which the institutions of government no longer serve the society in which we live,” said David Adkins, a former Kansas Republican state lawmaker who’s now the executive director and CEO of the Council of State Governments, a national group that represents all three branches of state government.

“And again,” he said, “we will be required to balance personal liberty and freedoms against what powers we want the government to exercise.”

While a long line of modern presidents have expanded the powers of their office, Trump has wielded the executive branch as a weapon to punish states and those state leaders he views as enemies. Federal dollars and resources have become a form of leverage he has tried to use to pursue his political aims and deliver the retribution he promised to, if reelected. He is trying to assert an unprecedented level of White House control over state-run elections.

How states — and the people — respond will forever shape the nation.

As the United States marks the 250th anniversary of the country’s founding, Stateline has been exploring how the Trump era is transforming the relationship between the states and the federal government. This article is the fourth in an occasional series examining the fraught moment and what evolving — and often deteriorating — state-federal ties mean for the country, now and in the future.

As the Trump administration has been aggressively pursuing its agenda on immigration, election restrictions and other issues, Democratic states have been developing playbooks of resistance that could endure even after Trump’s time in office. They have enacted laws aimed at regulating the behavior of federal agents and preventing any attempts to illegally subvert the November midterm elections, for instance.

At least eight states have adopted laws limiting masking by law enforcement, according to Prosecutors Alliance Action, a nonprofit advocacy group that supports the legislation. The mask restrictions are in response to the widespread use of masks by Immigration and Customs Enforcement, Border Patrol and other federal agents, as well as anger over the deployment of agents in places such as Minneapolis and Los Angeles.

Some states have also taken action to thwart any federal attempt to take over elections, which under the U.S. Constitution are run by the states. Administration officials have refused to rule out sending federal agents or troops to the polls, something already prohibited under federal law except in extremely narrow circumstances.

In late May, California Democratic Gov. Gavin Newsom signed into law a bill that prohibits election officials from providing federal agents with access to voter lists or technology absent a court order. And New Mexico lawmakers earlier this year passed a bill to prohibit troops at polling places.

More recently, officials in some states threatened legislation to undercut Trump’s Anti-Weaponization Fund by taxing payments at 100%. Critics argued that the fund would be used to pay off the president’s allies. The U.S. Department of Justice has said it is backing off plans for the fund amid bipartisan opposition in Congress, but leaders have refused to confirm that in writing and a federal judge has said a lawsuit against the fund can proceed.

Collectively, these efforts offer a window into how states are testing ways to push back against the White House. While the Trump administration is challenging some of these measures in court, Democratic state lawmakers have demonstrated that state-level resistance to increasingly aggressive exercises of federal power is possible.

“It is incumbent upon state legislators and state governments to protect their people from this incredible overreach and this display of horrors and egregious behaviors we are seeing from the federal government,” said Pennsylvania state Sen. Amanda Cappelletti, a Democrat who has been pushing restrictions on ICE.

In response to Stateline’s questions for this series, White House spokesperson Davis Ingle said in a statement: “The Trump Administration faithfully upholds our Constitution and the immortalized American principles of federalism, the rule of law, and the separation of powers.”

Rethinking the Constitution

Conservatives have long complained that the federal government has grown too large and too powerful. As Democrats fight Trump, some Republicans see an opportunity to forge a new bipartisan consensus in favor of states’ authority.

Pennsylvania state Sen. Cris Dush, a Republican, said the federal government has been overreaching since at least Woodrow Wilson’s presidency in the early 20th century. He argues that too many powers have been ceded to the executive branch that belong to legislators.

“And that’s why we have a republic, not a democracy and not a king. It’s not supposed to go with the whims of either the public or whoever the chief executive is, and that’s why you’re now starting to see Democrats get on board with this,” Dush said.

“I’m glad to welcome anybody to this party that wants to come, because it’s all about getting the legislative authority back.”

Dush supports a convention of the states to draft proposed changes to the Constitution that limit federal power. The idea of calling a convention has long percolated in statehouses, especially among Republicans, but support for the idea appears to have grown in recent years.

Article V of the Constitution requires Congress to call a constitutional convention if two-thirds of state legislatures demand one but sets out few details about how such a gathering would operate. Any amendments proposed by a convention would need to be approved by three-fourths of the states.

Several different campaigns are pushing states to demand a convention, including one focused on a balanced budget amendment and another that seeks term limits. Collectively, 28 state legislatures have called for a convention, according to the good government group Common Cause, which opposes a convention. Thirty-six states must call for a convention to trigger one.

Former Utah Republican Gov. Gary Herbert has pushed for a balanced budget amendment to rein in federal spending and the ballooning national debt for more than 15 years. He said that states must lead the effort because Congress lacks the courage to confront the issue.

“The burgeoning debt is just the result of not having appropriate balance between the state and federal government,” he said.

While conservatives and liberals fear a so-called runaway convention that could radically reshape the face of American government, Herbert said those same fears were present 250 years ago as the Founding Fathers met in Philadelphia to reshape the Articles of Confederation into the current Constitution.

“Well, the result was pretty good,” he said. “You know, we got this great Constitution everybody says was really a divinely inspired kind of a thing. … The Founding Fathers were brilliant in putting the Constitution together and said, ‘Here’s a role for the federal government, but here’s a larger role even for the states.’”

Stitt, the Oklahoma governor, said he wants states to have more control of federal spending. Bypassing Washington, D.C.’s bureaucracy would give states more authority and stewardship over federal taxpayer dollars, he said, forcing states to live within their means and end incentives to freely accept federal dollars rather than lose them to another state.

“So we have to change that incentive, and I think that’s a reasonable way to do it,” he said in an interview. “Now, Oklahoma would handle our own roads, bridges, etcetera, and I just think that the incentive would be totally different, and there would truly be 50 laboratories of democracy.”

Stitt is chair of the bipartisan National Governors Association. He’s criticized Trump’s deployment of the National Guard into blue states. But he said presidents of both parties have wielded the growing might of the federal government to influence policies across the country.

He pointed to Trump’s efforts to kill already-approved offshore wind energy projects, and he highlighted the Keystone Pipeline extension, which was thwarted by Democratic Presidents Barack Obama and Joe Biden but embraced by Trump. He called those sorts of turnabouts “un-American.”

“We’re in a terrible situation if this continues to happen in our country,” he said. “This is like what we’ve made fun of in these Third World countries from dictator to dictator.”

Unlike Stitt, critics of a convention of the states fear it could result in a dramatic overhaul of the Constitution that would endanger core liberties and freedoms. And because the Constitution provides few rules for how a convention would work, they worry the process would be susceptible to influence by wealthy interests.

Adkins, the Council of State Governments CEO, said a convention of the states could become more likely as state-federal tensions increase. He said states should begin having dispassionate conversations about how they would respond if a convention is called, what it would look like, and who would be in charge.

“Those are a lot of questions that we just don’t know about,” Adkins said. “But that’s sort of the ultimate nuclear option for the states in a dysfunctional federal system.”

States are ‘better prepared’

Whether a convention of the states ever takes place, the conversation surrounding the idea underscores the depth of frustration with the current state-federal relationship.

Last year a Gallup survey found that 62% of Americans believe the federal government has too much power, the highest percentage recorded since 2002. It was also the first time since 2007 that Democrats were more likely than Republicans to say the federal government is too powerful.

But what happens once Trump leaves office?Will at least some anger at the federal government dissipate?

Trump is a very unpopular president when compared against the past four executives to hold the White House. His disapproval rating stood at 58% on July 2, according to a New York Times daily average of polling on the president. Just 39% of Americans approve of the job he’s doing, down from nearly 50% in the weeks after his inauguration in January 2025.

Kansas Gov. Laura Kelly, a Democrat, said the way Trump has pushed the envelope could become a new normal “if the wrong people get elected.” But few people who run for president want to bully states, she said.

“They’re not looking to be king. They’re not looking to be a dictator,” Kelly said. “And there is plenty to do just with the responsibilities and the authority that the federal government traditionally has that there’s no need to go that way.”

A presidential administration that makes clear it will give states as much leeway as possible as it advances its agenda will go far in rebuilding relationships between the states and the federal government, said former New Jersey Republican Gov. Christine Todd Whitman.

But if not, states have learned from the Trump era.

“The states know what the potential dangers are,” Whitman said, “and they’re getting better prepared.”

In the birthplace of the nation, Philadelphians this spring were gearing up for a raucous Independence Day celebration. But feelings were mixed in this liberal stronghold, said Pennsylvania House Speaker Joanna McClinton, a Democrat who represents parts of Philadelphia.

She said Trump misunderstands the distinct powers of the states and is “trampling the American order” by seeking to upend American federalism.

She and other Democrats in the closely divided commonwealth are trying to push back on the federal government through words and deeds.

But she said this administration hasn’t soured the excitement and pride in the American experiment. Republican and Democratic lawmakers were eager to participate in special sessions outside of Harrisburg this year in Philadelphia, where the founders signed both the Declaration of Independence and the U.S. Constitution.

“People recognize the challenges of the hour, and they make every effort to engage politically so we can get out of this mess,” she said.

“But it doesn’t fully dampen the mood of being grateful for what this country still represents, and the potential that it still has.”