This story was originally published by ProPublica. Republished under a CC BY-NC-ND 3.0 license.

It was late March when Joe Teirab, the second-in-command at Minnesota’s U.S. attorney’s office, received an urgent email from Washington.

The federal government was scrambling to find criminal cases to back up President Donald Trump’s claims that illegal voting by noncitizens was tipping the scales in American elections. Agents from Homeland Security Investigations, a massive federal law enforcement agency, had been dispatched to work leads across the country, including hundreds in Minnesota.

Teirab was already under pressure. In an earlier missive, Nick Davis, a high-ranking Justice Department appointee helping to lead the election fraud crusade, had reminded him the cases were so high priority that Teirab and his staff couldn’t decline to move forward on them without express approval from agency higher-ups. On March 24, Davis demanded a status report — within hours.

Teirab, a former Marine and a Harvard Law graduate who’d run unsuccessfully for Congress as a Republican, responded with a blunt reality check.

“Bottom line up front,” he replied in an email reviewed by ProPublica. After subpoenaing records on about 130 people, only one had been referred for prosecution, his staff had told him. Agents had deluged local election offices with calls and demands for voting histories, demonstrating “a complete lack of understanding” of illegal voting investigations.

“The HSI task force has been disjointed and disorganized,” Teirab wrote. The entire process, he said, had been “dysfunctional.”

Since Trump regained the White House, his administration has launched a series of unprecedented initiatives to find and prosecute voting by noncitizens, which he’s long claimed, without evidence, is rampant.

He’s stepped up this push in recent weeks, saying in a nationally televised speech that the American election system was “so vulnerable that no one can possibly defend it.” To support that assertion, the Department of Homeland Security, HSI’s parent agency, released documents asserting it had found more than 250,000 noncitizens on voter rolls in just four states, all led by Democrats. The documents included no explanation of how that number was calculated.

It’s well known the administration has tasked HSI — a force established to combat drug cartels, terrorism and other cross-border criminal enterprises — with leading the campaign to find election fraud cases in the United States.

But an investigation by ProPublica reveals for the first time how the Trump administration came to harness HSI’s personnel, technology and sweeping legal authority in service of its election agenda — and how meager the results have been, despite the prodigious resources sunk into the effort.

According to interviews and internal emails reviewed by ProPublica, career staffers at the Justice Department warned that transferring voter rolls to HSI to enable it to search for noncitizen voters could violate federal privacy laws. Similarly, longtime HSI insiders cautioned that using the agency’s databases and tools to search these lists would yield mismatches and wildly inflated results.

The administration plowed forward anyway.

HSI’s involvement in the hunt for election fraud traces at least to summer 2025, when agency supervisors embraced a proposal from a midlevel agent who’d publicly echoed Trump’s claims about elections. He argued the agency’s powerful databases and tools could find noncitizens even on the voter lists that states make publicly available, from which the most confidential information has been redacted. Under Trump, the Justice Department had collected many public voter rolls as part of a controversial effort to compel states to turn over the unredacted versions.

Those searches went forward, ProPublica’s reporting shows, helping to generate tens of thousands of leads regarding illegal voting across the country. But when HSI agents were sent to investigate them, the results were similar to what Teirab reported from Minnesota.

Between January 2025 and May 2026, a ProPublica analysis of Justice Department data shows, fewer than 150 alleged noncitizen voters were referred for prosecution. Even fewer — 41 — were charged with voting illegally or other election-related crimes. (More than 150 million people voted in the most recent presidential election.)

In response to questions from ProPublica, administration officials insisted the effort spearheaded by HSI was producing meaningful results.

“President Trump is committed to ensuring that Americans have full confidence in the administration of elections, and that includes totally accurate and up-to-date voter rolls free of errors and unlawfully registered non-citizen voters,” Abigail Jackson, a White House spokesperson, said in response to ProPublica’s request for comment. “Noncitizens voting is a crime. Anyone breaking the law will be held accountable.”

A DHS spokesperson didn’t answer questions about why so few prosecutions have resulted from HSI’s work. The agency wouldn’t specify what tools or techniques HSI had used, but confirmed it had cross-referenced “publicly available data” from state voter rolls with information on “known illegal aliens” in its systems. “It’s not rocket science,” the spokesperson wrote of this initiative in a response to ProPublica’s questions. “It’s an easy step to secure our elections.”

Teirab and the U.S. attorney’s office in Minnesota declined to comment.

There’s an array of reasons why Trump’s campaign to document claims of widespread voter fraud hasn’t succeeded. Most obviously, it’s exceedingly rare, as countless studies and state audits have found. Noncitizens often get on voter rolls by accident or when government officials make errors. Last month, New Jersey disclosed that a mistake involving its Motor Vehicle Commission caused 6,600 noncitizens to be registered (fewer than 400 voted).

The administration’s critics say its hunt for noncitizen voters aligns with Trump’s attempts to seek more federal control over elections while stoking doubt and fear about the voting process. Since taking back the Oval Office, Trump has tried to impose new restrictions on voter registration, mail-in ballots and voting machines, though judges have shut down most of these efforts.

Former officials at DHS and the Justice Department called the move to involve HSI a further escalation and questioned the propriety of aiming the agency’s muscle and technology at individual cases of illegal voting.

“It’s one thing if you’re going after Pablo Escobar,” said Steve Bunnell, a former DHS general counsel and senior intelligence adviser who handled voting fraud prosecutions during more than a decade at the Justice Department. “It’s another thing if you’re going after some cleaning lady who’s been working in the United States for 20 years and taking care of her 80-year-old mother and taking her little kids to church.”

“The Swiss Army Knife of Federal Law Enforcement”

Trump’s enlistment of HSI in his election fight is no accident. Cobbled together in the aftermath of 9/11, the agency has 7,100 armed, highly trained agents and another 800 criminal analysts, as well as access to troves of confidential data about hundreds of millions of Americans.

Though part of Immigration and Customs Enforcement, the agency has historically stayed out of immigration cases. During the first Trump administration, leaders of 19 HSI regional offices — virtually its entire top field hierarchy — signed a letter calling for HSI to become a standalone agency, arguing that ICE’s deportation work dissuaded people from cooperating with its investigations. But when Trump returned to the White House, it swiftly became clear that the agency would play a central role in investigations related to the president’s twin obsessions, illegal immigration and noncitizen voting.

Trump picked his field general for repurposing HSI even before taking the oath of office. In December 2024, he named Anthony Salisbury, a 50-year-old career agent who’d run the agency’s Miami office, as a deputy homeland security adviser, reporting to White House policy chief Stephen Miller. He was also given a dual appointment as head of HSI.

Salisbury was colorful: A mixed martial arts enthusiast, he once appeared at the agency’s headquarters with his face bruised and eye blackened from a recent bout. He’d sometimes entertain colleagues by pulling out a bridge that covers his missing front teeth.

To agency veterans, however, he was forever linked to a 2011 operation he’d overseen in Mexico in which one agent was killed and another wounded in a highway ambush by a drug cartel. An agency review submitted to Trump in April 2020 concluded that errors by HSI supervisors, including Salisbury, contributed to the outcome; it urged the administration to consider disciplinary action. None was taken against Salisbury, however.

Salisbury did not respond to requests for comment from ProPublica. A White House official called him “a critical member of the Trump administration” who was “cleared” in every review of the Mexico incident and was subsequently “promoted six times under multiple administrations.”

Once elevated to his new posts, Salisbury took charge of carrying out the second Trump administration’s agenda for HSI, personally issuing staffing directives, reassignments and promotions, current and former agency officials told ProPublica. (A number of them spoke on condition of anonymity out of fear of retribution.) 

Starting in early 2025, Salisbury oversaw the unprecedented reassignment of more than 6,000 agents to immigration enforcement, diverting most of the agency from its normal duties. He then also pointed HSI at noncitizen voting, presiding over multiple meetings with officials at DOJ and Homeland Security focused on election fraud, according to emails reviewed by ProPublica and agency supervisors who worked with him.

“Stephen Miller has an HSI deputy for a reason,” said Eric Balliet, a high-level HSI manager who retired in 2024 after 23 years with the agency. (Like many HSI veterans, Balliet has remained in close contact with former colleagues.) “Salisbury is going to salute and execute, and he is going to make sure that from the HSI side, they fall in line, and there’s going to be no resistance or pushback. HSI has been turned into the Swiss Army knife of federal law enforcement.”

In early July 2025, Frank Quiñones, an HSI special agent who’d worked under Salisbury in Florida, approached leaders at the HSI Innovation Lab with an idea for using the agency’s technology to find noncitizen voters on state voter rolls, sources at the agency told ProPublica. Quiñones had been transferred to Washington to oversee a unit that had previously handled cases involving the theft of government benefits but that had been enlisted into voting investigations.

The lab, housed in an unmarked office in a D.C. suburb, had access to the government’s most sensitive databases, from suspicious activity reports to arrest records. Staffed by a combination of HSI experts and outside consultants, it developed software tools to comb the data for information that could help agents pursue criminal suspects.

Quiñones was a true believer in Trump’s claims about election fraud: In multiple Facebook posts and reposts, ProPublica found, he promoted claims that the 2020 presidential vote had been stolen. At a meeting with the Innovation Lab’s overseers, according to sources who worked in the lab, he pitched using the lab’s technology to identify illegal voters — even though the agency lacked voter rolls that included identifiers such as partial Social Security numbers. (Quiñones did not respond to ProPublica requests for comment.)

For proof of concept, Quiñones proposed using a February 2021 public voter list he’d obtained for New Jersey and running it through HSI’s databases. The lab staff viewed his idea as “a little insane,” one recalled — both unreliable and improper. Since the public rolls don’t include voters’ unique identifiers, people at the lab also knew linking them to HSI’s data would produce mismatches — what the staffer called an “ungodly” number of false positives. The lab team also worried about violating longstanding safeguards limiting use of private citizen data. They “didn’t want to touch this,” the staffer added. Quiñones defended his idea, repeatedly declaring: “The president wants this!”

Tom Hodge, an HSI data analyst at the meeting, proposed running the voter information through the Athena Toolbox, an analytical platform developed by the Sandia National Laboratories that had access to all of HSI’s databases. (Hodge did not respond to ProPublica requests for comment. Sandia referred ProPublica’s questions to the facilities’ parent agencies, including the Department of Energy, which did not respond to our requests.)

Hodge and the Sandia team spent the next six weeks on the project, reporting they’d found large numbers of noncitizens on Quiñones’ 2021 New Jersey list. According to one former HSI official, they said they’d found “5,000 high-confidence illegal voters” in just a single New Jersey county. (Officials at the New Jersey secretary of state’s office, which oversees the state’s voter rolls, declined to comment on the claim. Beth Thompson, head of a group for local New Jersey election officials, called the number impossibly high, even accounting for the mistake disclosed by the state.)

The apparent breakthrough couldn’t have come at a better time.

The Trump administration’s other efforts to identify noncitizens on state voter rolls were running into a variety of roadblocks.

The administration had hoped to persuade states to check their voters’ citizenship status using a system called the Systematic Alien Verification for Entitlements, or SAVE, but many didn’t. Most states also refused the Justice Department’s demands to turn over their unredacted voter rolls, including partial Social Security numbers, which thwarted the agency’s plan to run them through SAVE. Courts have stymied the DOJ’s attempts to sue for the records, citing the Constitution, which gives primary control over elections to the states.

In an Aug. 21 email to a half dozen administration officials, Quiñones touted the solution he’d brought to the HSI Innovation Lab: using HSI’s platform to search voter rolls. The results, Quiñones noted, could fuel both criminal and immigration investigations.

By the end of the month, those in top election-related roles at DHS and the Justice Department were actively promoting what they dubbed the “HSI Tool” as a preferred alternative to SAVE, according to people familiar with the matter. Among them was Heather Honey, the prominent election denier appointed as a senior counselor at DHS, who is helping lead the government’s efforts to identify noncitizens on voter rolls. (Honey did not respond to ProPublica’s requests for comment. In an email responding to questions to her, DHS said Honey’s “expertise in election administration” was “invaluable to the Department’s efforts to protect critical infrastructure.”)

The White House, too, got behind the idea. In a November email, J. Brian Sikma, special assistant to the president, excitedly noted that the New Jersey trial cross-checking voter rolls with DHS data appeared to have identified a “very significant number” of “potential non-citizens.” (Sikma didn’t respond to a request for comment.)

The DOJ, Sikma reported, had already obtained public voter rolls for many other states. He included a list of them, adding: “It is of paramount importance that these also be reviewed expeditiously.”

Running “Roughshod” Over Privacy

As the push to use HSI’s tech to search voter information gained momentum, a new problem emerged.

Career attorneys at the Justice Department, including specialists on privacy law, raised concerns that transferring voter rolls wholesale from the agency to DHS might not be legal, according to internal emails reviewed by ProPublica and interviews with several former officials.

The voter rolls the DOJ had collected contained sensitive information on millions of Americans. Even the public versions, which political parties and candidates routinely obtain to target ads and messages, included voters’ addresses, birth dates and party affiliations. For the 16 states that have agreed to share their unredacted voter lists, the DOJ had citizens’ partial Social Security numbers or driver’s license information, too.

Federal laws, particularly the Privacy Act, dictate what data government agencies can collect, what it can be used for, how it can be shared, and how it must be protected. Agencies have to disclose their plans in advance, gathering public comment. A person’s information can’t be released or shared without their consent, subject to limited exceptions.

From the outset, the Trump administration’s effort to combine data across federal agencies has repeatedly drawn criticism from courts and whistleblowers for failing to adhere to restrictions meant to keep data private and secure. In June, for example, a judge prohibited the government from using SAVE for mass searches, ruling the administration had violated federal privacy laws by giving DHS access to Social Security data to enhance the tool. The administration has appealed that ruling.

In July 2025, as word got around that the DOJ might hand over voter data to DHS, a half dozen career attorneys who had been reassigned into the voting section voiced their unease to supervisors, according to two former DOJ lawyers. Their concerns were disregarded, prompting most to resign.

Instead, the DOJ’s office of legal counsel pushed forward with plans to share the public voter rolls, claiming a Privacy Act exception allowed HSI to receive such data without public notice as long as it was for law enforcement purposes. DHS just needed to submit a letter officially requesting the data for those purposes, an attorney in the legal counsel’s office explained, according to internal emails.

But this exception was meant to be used to get information on individual criminal suspects, not to gain mass access to data on people suspected of no wrongdoing, according to Nikhel Sus, chief counsel for Citizens for Responsibility and Ethics in Washington, which has sued the Trump administration on behalf of voter and pro-privacy groups, filing the case that eventually limited SAVE’s use.

Peter Winn, a 29-year Justice Department veteran who had served as the agency’s acting privacy chief for nearly a decade, drafted a letter to set out the data-sharing agreement between the DOJ and DHS, according to internal documents reviewed by ProPublica.

In a Feb. 12 email to two top DOJ officials, he said he’d rewritten an initial draft memo to “make the information sharing arrangement far easier to defend, if and when it is challenged in court.”

Rather than simply handing over the voter rolls, Winn proposed having DHS request “pertinent and relevant” information about specific people from the DOJ, then having technical staff at Justice and Homeland Security “coordinate” to fulfill the requests.

“Having slept on it,” Winn wrote, “I ended up deciding that our initial idea of sending a huge amount of raw unprocessed voter registration data to DHS, involved taking far too much unnecessary legal risk, given that 99% of the data would implicate the privacy and civil liberties of United States Citizens, and would risk adding to the false narrative in the establishment press of DOJ and DHS being unconcerned with the privacy and civil liberties of Americans.”

Winn attached his proposed letter, to be signed by Todd Lyons, then the acting director of ICE.

Winn’s suggested restrictions were quickly abandoned, however. A second draft of the letter, dated March 4, contained altered language providing that the voter information would be “transferred” to HSI, with one exception: Voters’ party affiliation would be redacted, if possible, it said.

The final letter, signed by Lyons and sent to the DOJ just two days later, abandoned even that limitation. Just three paragraphs long, it permitted HSI to use the voter rolls to pursue any “appropriate investigation of potential violations of federal election law.”

In response to questions from ProPublica, Winn said “I can’t really comment on internal drafts of correspondence.”

A Justice Department spokesperson defended the government’s actions, saying “no one should oppose intergovernmental data sharing and coordination that enable swift investigations and prosecution of illegal alien voting.” DHS echoed the DOJ’s view, calling such information sharing “essential to protecting America’s election process by keeping noncitizens off voter rolls” and “an easy step to secure our elections.”

Sus said that by pooling voters’ sensitive personal identifiers, along with their party and voting histories, the administration has “run roughshod” over privacy laws and is creating a “1984-style database” that could be used to surveil political participation.

CREW filed a lawsuit in April on behalf of the nonprofit advocacy group Common Cause that argues it’s illegal for the administration to use the law enforcement exception to justify mass sharing of voter information.

Balliet, the former HSI agent, expressed similar concerns, saying that handing over voter rolls to run through DHS’ systems amounted to “a mass data-collection effort by the government against its own citizens in a non-criminal setting.” On a practical level, he added, the data sharing increased the risk of breaches that can open law-abiding citizens up to identity theft.

“As a citizen, I want the government to take seriously the protection of my private data,” he said. “If it falls into the wrong hands, it’s not the government that suffers. It’s me.”

Collapsing Claims

By January 2026, scores of HSI agents were fanning out across the country to investigate thousands of leads about illegal voting.

About 25,000 of them involved people SAVE had identified as potential noncitizens on state voter rolls. Another 15,000 were given to HSI’s cross-border financial crimes unit, which was told to prioritize them over money laundering and fraud cases, a former high-level HSI official said. Quiñones’ unit led a separate effort to find additional cases by reviewing whether people who’d recently become citizens had voted before they were naturalized, then lied about it in naturalization interviews.

Still more leads came from running public voter rolls through the HSI lab’s databases, though it’s not clear how many. Agency sources told ProPublica that the rolls of New Jersey and Pennsylvania were searched using the Athena Toolbox. When DHS announced it had found more than 250,000 noncitizens on the registered voter lists of four Democrat-led states, it said that included “as many as” 35,152 in New Jersey and 14,576 in Pennsylvania. Both states have asked DHS to provide the source of the numbers.

Once federal investigators started digging into these cases, however, they often fell apart.

Through May, prosecutors had charged fewer than four dozen people with crimes related to noncitizen voting, ProPublica’s analysis of DOJ data and federal court filings shows, getting convictions or guilty pleas in 14 cases.

The largest cluster of cases was brought in the Southern District of Florida, headed by Jason Reding Quiñones (no relation to the HSI agent), a staunch Trump ally who has led investigations of the president’s political opponents. Voters have been sentenced in eight of the office’s cases; seven others are pending.

Prosecutors have initiated a total of seven noncitizen voting cases as of May in the four states where DHS claimed to have found more than a quarter million noncitizens on the rolls. Collectively, these states have more than 40 million registered voters.

Overall, the paltry numbers reflect the realities HSI investigators confronted on the ground as they tried to convert leads into cases, a ProPublica review of records obtained by voting-advocacy groups Campaign Legal Center and Democracy Forward shows.

Emails between agents and local election officials in Texas and Ohio indicate much of the federal information on purported noncitizens was inaccurate, the consequence of flawed data matching. When agents demanded voting histories and registration forms, they often discovered people weren’t registered in the counties where HSI thought they were. When voters register, they must attest that they are U.S. citizens; agents found some, however, who’d been put on voter rolls in error after disclosing they weren’t citizens. Many had never voted.

Most HSI agents, steeped in pursuing complex international crimes, had no experience in pursuing voting fraud. In his email to Nick Davis at the Justice Department, Teirab, the top deputy in Minnesota’s U.S. attorney’s office, described the chaos that ensued when the state and at least six counties got subpoenas for voters’ records. The demands “presented a host of issues,” Teirab wrote to Davis. (Davis did not respond to a request for comment.)

“An unknown number of agents are constantly arriving in Minnesota without any knowledge of the investigation, the issues already discussed and decided, and the processes they need to follow,” Teirab complained. “Instead of getting up to speed and learning, they have demanded many calls and subpoenas, most of which demonstrate a complete lack of understanding of the investigation.”

In Stearns County in central Minnesota, HSI agents subpoenaed voting histories on 13 people, county officials told ProPublica. Only six turned out to live there.

Minnesota Secretary of State Steve Simon, a Democrat, said the effort revealed federal investigators’ ignorance about “the nuance of elections administration.” The rate of purposeful election crime is “microscopic,” he said. “The very human errors that can happen are not some sort of plot or scheme to dirty up the voting rolls, but are just everyday human beings making mistakes, not intending at all to violate any law.”

As of May, only one illegal voting case has been referred for prosecution in Minnesota. The state has more than 3.8 million registered voters.

Even Republican-led states like Ohio, which has shared its unredacted voter rolls with the DOJ and run them through the SAVE system, have struggled to meet Trump administration demands to deliver cases.

In October, the Ohio secretary of state referred more than 1,000 voters identified as possible noncitizens to the federal government, claiming 167 had voted at least once since 2018. At least nine HSI agents in Cincinnati and Cleveland began to investigate, emails obtained by Campaign Legal Center and shared with ProPublica show.

The agents bombarded local election officials with requests for voting histories and other records, some dating back decades. “Sorry again for piecemealing these to you,” one agent wrote to an official in Butler County, outside Cincinnati, after making five separate requests over two weeks. Mohamed Al-Hamdani, a Democratic member of Montgomery County’s Board of Elections, which received similar inquiries, said they amounted to “witch hunts” that ate up staff time.

In February, Davis sent an email pressing Ohio’s two U.S. attorneys’ offices for an “election integrity” update, asking: “How close are we to complaints/indictments, how many subjects, what issues you’ve run into, how many referrals have been closed and why, how helpful HSI has been.”

As of May, just two voting cases had been referred for prosecution in Ohio and no one had been charged, federal data shows. The state has nearly 8 million voters.

In the past, it was uncommon for federal prosecutors to pursue charges against noncitizen voters who didn’t understand that it was against the law for them to vote. Without evidence of a coordinated effort or plot, it didn’t make sense to put resources into such prosecutions, a former DOJ official who oversaw election cases said.

Now, however, U.S. attorneys’ offices are taking a different approach, pursuing prosecutions that could result in prison terms or deportation.

In May 2025, federal prosecutors in Florida filed illegal voting charges against a mother and daughter, both Ukrainian citizens, who’d registered after becoming permanent U.S. residents, then voted in the 2024 presidential election. They’ve pleaded not guilty, with the mother saying in an interview with investigators that she thought having a green card meant she could vote. They and their attorneys didn’t respond to requests for comment from ProPublica. The prosecutor handling the case for the Southern District of Florida also didn’t respond to questions. The mother and daughter are scheduled to go to trial in September.

“Far-Reaching Consequences”

Experts on both elections and national security warn there may be profound longer-term costs to unleashing the federal government’s investigative and prosecutorial might to try to prove the president’s claims about noncitizen voting.

Current and former HSI agents say critical investigations — including task forces aimed at drug rings, human trafficking and money laundering — have languished as the agency has pivoted to take on noncitizen voting and immigration enforcement.

In February 2026, according to court files and emails reviewed by ProPublica, an HSI agent in Ohio who’d been leading a multistate child sex abuse investigation was abruptly assigned to pursue dozens of leads on suspected noncitizen voters, work that took months. It wasn’t until May that he made an arrest in the other case. Prosecutors have filed child exploitation and pornography charges against the man, 38, in connection with acts involving at least five 14-year-old girls.

Cases like this “don’t just stop,” said Balliet, the 23-year HSI veteran. “When you pull people off them for an extended period of time, those criminal networks will adapt, and people get killed and kidnapped.”

Federal data hints at a broader slowdown in what had been HSI’s most urgent work. According to an annual government report, the number of wiretaps obtained by DHS — often to investigate drug trafficking — plummeted to 23 in 2025, from 133 the previous year. In the report, DHS attributed the decline to several factors, including “changes in administration enforcement and prosecutorial priorities.”

“It’s never been a better time to be involved in transnational organized crime,” said John Tobon, a high-ranking HSI official who retired in early 2025.

In its statement, DHS denied HSI has neglected its core mission, saying the agency has increased its efforts to combat criminal cartels, gangs and drug traffickers in response to multiple Trump executive orders.

Though HSI’s voting-related investigations have yielded only a small number of prosecutions, voter advocacy groups worry the Trump administration will use them to justify more extreme interventions.

Its latest tactics include threatening to withhold funds from states it says are refusing to check their voter rolls for noncitizens and saying it will prosecute state election officials who “knowingly” fail to remove noncitizens. Trump has also continued to press Congress to enact the SAVE America Act, which would require people to provide proof of citizenship when registering to vote, a measure advocates have criticized as a barrier to voting. Democrats are preparing for the prospect of federal troops being sent to the polls to intimidate voters.

“Those concerns are playing out in real time, with far-reaching consequences,” said Dax Goldstein, a director at the States United Democracy Center, a nonprofit group that works to build confidence in elections. “When federal agencies are misused and weaponized, people lose trust in government itself.”

This story was originally published by ProPublica. Republished under a CC BY-NC-ND 3.0 license.

In its term that ended last October, the Supreme Court passed an important milestone that went unnoticed: For the first time, it decided more cases by secret ballot, and with few signed opinions, than it did for cases argued in open court.

These decisions, which make up the court’s “shadow docket,” are a fast-track way to get a decision from the top court. They rarely include arguments, have limited briefings and have expedited timetables, and justices infrequently provide explanation of how they voted or to cite legal precedent. 

The Supreme Court’s increased willingness to bypass its regular process has empowered President Donald Trump at the same time as the administration has increased use of executive authority. The court has repeatedly green-lit policies of his that lower courts have blocked — and has done so with little to no explanation. 

These emergency decisions have thrown lower courts’ processes into turmoil and have sometimes directly contradicted longstanding legal precedent. The outcomes have been consequential: The high court has used the process to limit federal courts from issuing nationwide injunctions and diminished Congress’ authority over federal agencies, and it has allowed for the detention of American citizens by immigration agents. 

ProPublica analyzed over two decades of Supreme Court rulings, which cover all of the years under Chief Justice John Roberts and go as far back as the online archives allow. We found that when the last court term ended, justices had issued 63 orders on the shadow docket, as opposed to 56 orders on the more traditional merits docket — where the court hears oral arguments scheduled months in advance and the justices issue signed opinions.

Legal scholars and court watchers were shocked by our finding. They told ProPublica it’s likely the first time in modern history that so many consequential decisions were made in secret by its nine members.

“The patterns show a court going out of its way to enable Trump,” said Stephen Vladeck, a law professor at Georgetown University and a Supreme Court analyst. He said that our findings reinforce the appearance that the justices are voting on their political preferences. 

“That’s the real blow to the court’s credibility,” he said.

Representatives from the Supreme Court did not respond to a detailed list of questions. 

In a statement, a spokesperson for the White House wrote, “President Trump has faced a historically unprecedented number of injunctions by liberal lower court judges, the same judges who would rather push their own policy schemes and undermine the Administration’s lawful agenda. President Trump will not stop implementing the America First initiatives on which he was elected.”

For the First Time in Two Decades, Decisions on the Supreme Court’s Shadow Docket Outnumber the Merits Docket

There are two ways to get a decision from the Supreme Court. One is to exhaust your appeals to lower courts and ask to argue your case in front of the high court. The justices determine whether to take the case on, and if they do, lawyers argue their case in front of them. The other is to petition the justices directly via the emergency docket — to freeze a lower court ruling or government policy while the case goes through appeal.

The appeals to the emergency docket have long outnumbered those to the merits docket, but most are procedural requests or requests to stay execution for capital offenses. When those are removed, what’s left is known as the shadow docket — cases that seek to skip the usual order of things and ask for a quick ruling from the court’s justices.

The modern shadow docket was born in 2016 when the Supreme Court issued an emergency stay against President Barack Obama’s Clean Power Plan, experts say. Papers obtained by The New York Times show that liberal justices at the time urged Roberts not to decide the case on an emergency basis because it broke with longtime precedent. The conservative justices, meanwhile, forcefully argued that the president’s plan would eventually be overturned by the court anyway and that it would put too much of a burden on the energy industry.

Driven by its numerous losses in lower courts, the current Trump administration appeals to the emergency docket significantly more often than previous administrations, and the court has increasingly agreed to take quick action on its appeals.

The Obama and George W. Bush administrations together filed just eight petitions in 16 years. The Trump administration filed 32 in 2025 alone, an analysis by the Brennan Center for Justice found.

The increased willingness of the Roberts court to intervene on Trump’s behalf — as well as in other issues that favor conservatives and Trump allies — has upended American life, said Donald Ayer, a former deputy solicitor general and deputy attorney general who served under the Reagan and George H.W. Bush administrations.

“On many subjects of real importance to our future, they’ve demolished what used to be the law,” he said.

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Public scrutiny of the shadow docket ramped up in September 2021 after the Supreme Court used it to issue a one-paragraph, unsigned opinion that further rolled back abortion rights established in the 1973 Roe v. Wade ruling. In the order, the court refused to block Texas’ Senate Bill 8, the “Heartbeat Act,” which banned abortion after an embryo’s cardiac activity is detectable, typically at six weeks of pregnancy and before many people know they are pregnant. Protests erupted nationwide, and the Senate held a hearing on the shadow docket.

In an unusual public acknowledgement, Justice Elena Kagan referenced the shadow docket by name in her scathing dissent, accusing the majority of green-lighting a “patently unconstitutional law” with only a cursory review in less than 72 hours.

“In all these ways, the majority’s decision is emblematic of too much of this Court’s shadow docket decisionmaking — which every day becomes more unreasoned, inconsistent, and impossible to defend,” Kagan wrote.

That an opinion was even issued and that four of the justices signed their names to it was uncommon. On the shadow docket, justices do not have to make their votes known. In rare cases, their votes are revealed in terse indications that they grant or deny the application, or even more rarely, as an opinion. We found that just 17% of votes cast had any sort of public record of a vote or opinion.

Responding to public criticism, Justice Samuel Alito contended that the court isn’t to blame for the rise in shadow docket cases. “We do not file these emergency applications,” he said. “Parties file them.”

The debate has continued. “We cannot expect the public to have faith in our judicial system if, without clear explanation, we consistently green-light harmful acts that do real damage,” Justice Ketanji Brown Jackson said during an April speech on the shadow docket at Yale Law School.

Until this past Supreme Court term, emergency applications fluctuated year to year but showed no clear upward trend. The applications are given first to a single justice, who decides if a case is worth referring to the full court. In recent years, justices have referred more of such appeals for a review and vote by the full court.

Last term, when there were both more cases and more referrals to the full court, the appeals to the shadow docket finally overtook those to the merits docket.

Emergency Applications Referred for a Full Court Vote Have Risen Sharply

The cases were consequential. On June 23, 2025, after a lower court had ruled that eight men being deported to South Sudan should have due process, the Supreme Court intervened after a request from the administration to stop that order. The men were deported. The majority didn’t issue an opinion justifying its ruling.

Three months later, the Supreme Court voted to allow immigration agents to stop people based on racial or ethnic characteristics while still-ongoing litigation against it proceeded. To justify the decision, Justice Brett Kavanaugh wrote a rare shadow docket opinion that people who were in the country legally would be “free to go after the brief encounter.” These became known as “Kavanaugh stops.” Last year, ProPublica found more than 170 citizens who had been stopped and detained by ICE agents. The more than 50 Americans held even after agents learned of their citizenship were almost all Latino.

And in May, while an election in Louisiana was already underway, the justices allowed the state to immediately redraw its electoral map, removing one of the two majority-Black voting districts. Louisiana can now use that map for the 2026 midterms as part of a nationwide redistricting battle for control of the House of Representatives — an effort touched off by Trump’s call for Republican-led states to create more safe seats for themselves.

Roberts once signed on to a Kagan dissent that assailed the shadow docket. But our analysis found that he has referred more substantive cases for a vote by the full court than any other justice, going from just one in the 2005 term when he joined the court to nearly half of all referrals in the last term.

There is an additional difference between the shadow docket and the merits docket. After the court holds public argument, the justices’ ultimate merits decisions are closely watched and extensively covered by the press. The summer’s “decision season,” when the final and most significant rulings come down, has a predictable cadence that ends when the justices go on summer recess. Not so with the shadow docket. Increasingly, the justices are making big decisions after they’ve issued their final merits docket decision, when public attention has waned.

A group of Democrats led by Rep. Jamie Raskin, D-Md., have sponsored legislation to make the shadow docket more transparent.

Raskin told ProPublica that the court’s legitimacy has fallen with every significant decision made without “real opinions or analysis.”

“Lower federal courts have been deciding against the Trump administration in an overwhelming majority of cases with weighty and well-reasoned opinions,” Raskin said in a written statement. “Yet when things get to the twilight zone of the shadow docket, the Supreme Court is overturning 100-page opinions with a flippant sentence or two.” He added, “The result is a body that looks less like a Supreme Court and more like a Royal Court rubber stamping the madness and folly of the Trump Administration.”

“The jurisprudence of the Roberts Court today is as murky as the green algae water in the Reflecting Pool.”

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How We Reported This Story

To compare the number of cases on the Supreme Court’s shadow docket to the traditional merits docket, we compared emergency applications listed on the court’s online docket search with counts of decisions compiled in Penn State’s Supreme Court Database (Version 2025 Release 01). For the merits docket, we counted only signed decisions in argued cases, the typical format for those rulings.

The court’s online docket goes back to the year 2000, but our analysis looks at Supreme Court terms from October 2003 to October 2025, where emergency applications are easily identified by the letter “A” in their docket number.

We identified more than 27,000 emergency applications during that period, including thousands of requests that are not commonly understood to be a part of the shadow docket. Most appeals to the emergency docket are the type of requests that were traditionally handled there: procedural requests, such as extending the time to file, and requests to stay execution for capital offenses. The remainder are the focus of our reporting.

Substantive Shadow Docket Cases Are a Small Fraction of All Emergency Applications

We defined a substantive application on the shadow docket as any filing where the full court was asked to intervene in the traditional appeals process, such as staying a lower court’s order. 

Most of the cases we excluded are decided by just one justice, each of whom oversees one or more federal circuits and has the power to refer filings to the wider court. When the cases are referred to the full court, they are the subject of a vote by the justices. We ran our approach by multiple experts, all of whom found it sound.

A filer can appeal to another justice if their application is denied. The next justice to receive the application always refers it to the full court. We did not include these renewed applications because our analysis found the court has never granted one.

The court has labeled capital punishment cases only since the October 2017 term. To identify them prior to that, we flagged applications for stays of execution. We then manually reviewed every case referred to the full court. For applications decided by a single justice, we used an AI model to flag potential capital cases by examining the parties on the application and the relief requested. The model flagged over 60 possible capital cases, and those were manually reviewed. Despite our effort, it is possible some capital cases may still be included in our final tallies before the 2017 term.

Although rulings on the shadow docket are typically unsigned and do not include vote breakdowns, we were able to identify how a justice voted in some cases. The analysis is based on either the opinions issued by the justices, most of which are dissenting opinions, or if the justice indicated they would have granted or denied. In some decisions, the justices issued a statement not attached to either a grant or denial. We did not record these as votes.

This story was originally published by ProPublica. Republished under a CC BY-NC-ND 3.0 license.

In the first days after Pam Bondi was appointed attorney general last year, the Department of Justice began shutting down pending criminal cases at a record pace.

The cases included an investigation into a Virginia nursing home with a recent record of patient abuse; probes of fraud involving several New Jersey labor unions, including one opened after a top official of a national union was accused of embezzlement; and an investigation into a cryptocurrency company suspected of cheating investors.

In total, the DOJ quietly closed more than 23,000 criminal cases in the first six months of President Donald Trump’s administration, abandoning hundreds of investigations into terrorism, white-collar crime, drugs and other offenses as it shifted resources to pursue immigration cases, according to an analysis by ProPublica.

The bulk of these cases, which were closed without prosecution and known as declinations, had been referred to the DOJ by law enforcement agencies under prior administrations that believed a federal crime may have been committed. The DOJ routinely declines to prosecute cases for any number of reasons, including insufficient evidence or because a case is not a priority for enforcement.

But the number of declinations under Bondi marks a striking departure not only from the Biden administration but also the first Trump term, according to the ProPublica analysis, which examined two decades of DOJ data, including the first six months of Trump’s second term. ProPublica determined the increase is not the result of inheriting a larger caseload or more referrals from law enforcement.

In February 2025 alone, which included the first weeks of Bondi’s tenure, nearly 11,000 cases were declined, the most in a month since at least 2004. The previous high was just over 6,500 cases in September 2019, during Trump’s first administration.

Some of the cases shut down were the result of yearslong investigations by federal agencies such as the FBI and the Drug Enforcement Administration. For complex cases, the DOJ can take years before deciding whether to bring charges.

The shift comes as the DOJ has undergone an extraordinary overhaul under the Trump administration, with entire units shuttered, directives to abandon pursuit of certain crimes and thousands of lawyers quitting or, in some cases, being forced out of the agency.

In doing so, the DOJ is retreating from its mission to impartially uphold the rule of law, keep the country safe and protect civil rights, according to interviews with a dozen prosecutors and an open letter from nearly 300 DOJ employees who have left the department under Trump. The Trump DOJ, the employees wrote, is “taking a sledgehammer” to long-standing work to “protect communities and the rule of law.”

The change in priorities was outlined in a series of memos sent to attorneys early last year. Trump’s DOJ has said it is “turning a new page on white-collar and corporate enforcement” and emphasizing the pursuit of drug cartels, illegal immigrants and institutions that promote “divisive DEI policies.” Trump, in an address last March at the department, said the changes were necessary after a “surrender to violent criminals” during the past administration and would result in a restoration of “fair, equal and impartial justice under the constitutional rule of law.”

The department prosecuted 32,000 new immigration cases in the first six months of the administration, which was nearly triple the number under the Biden administration and a 15% increase from the first Trump term. It has pursued fewer prosecutions of nearly every other type of crime — from drug offenses to corruption — than new administrations in their first six months dating back to 2009.

The DOJ has also closed hundreds of cases involving alleged crimes that the administration has publicly emphasized as enforcement priorities. Even as the Trump administration unleashed Elon Musk’s Department of Government Efficiency operatives to root out waste, fraud and abuse in the federal government, the DOJ declined over 900 cases of federal program or procurement fraud. About three times as many cases of major fraud against the U.S. were declined under Trump compared with the average of similar time periods under prior administrations. And while the Trump administration has promised to “make America safe again,” its DOJ has declined more than 1,000 terrorism cases, also more than prior administrations.

Federal prosecutor Joseph Gerbasi had spent years in the department’s Narcotic and Dangerous Drug Section helping build cases against major suppliers of fentanyl ingredients in India and China. After Bondi came in, he was left bewildered when his team was ordered to abandon its work.

“All of the building blocks of what would become successful prosecutions were pulled out,” said Gerbasi, who retired as the section’s acting deputy chief for policy in March 2025 after 28 years with the department.

The move had an “overwhelming deflating effect on morale,” he said.

Barbara McQuade, who worked as a federal prosecutor in Michigan for two decades until 2017 during Republican and Democratic administrations, said it was not unusual for new administrations to come to office with a few “pet priorities” — such as a focus on violent crime or drug trafficking. But she said those changes usually involved modest adjustments in policy and that most of the decisions on what crimes to focus on were typically made at the local level by the district U.S. attorney in coordination with the FBI or other agencies.

“We would revise those about every five years, not having anything to do with any administration, just because it made sense,” she said.

A DOJ spokesperson, in an emailed response to questions about the spike in declinations, said that in “an effort to clean, remediate, and validate data in U.S. Attorneys’ case management system,” the department reviewed all pending criminal matters opened prior to the 2023 fiscal year, which included updating the status of closed cases. “This Department of Justice remains committed to investigating and prosecuting all types of crime to keep the American people safe, and the number of declinations is a direct result of our efforts to run the agency in a more efficient manner.”

The agency did not respond to questions about the types of cases declined.

The spike of declined cases began in February 2025 when the department ordered prosecutors to review every open case launched prior to October 2022 and determine whether to close it. Such a review would typically take months, according to one attorney tasked with reviewing cases. A memo, which was described to ProPublica reporters, ordered the review to be completed within 10 days.

Former DOJ prosecutors told ProPublica that they typically reviewed caseloads every six months with supervisors and that closing out languishing cases wouldn’t ordinarily be cause for concern. They said the February directive, however, was unusual. None could recall a similar order.

The directive came as higher-ups in the department had begun making frequent demands for data about specific types of cases and charging decisions, such as the outcome of fentanyl cases, according to former prosecutor Michael Gordon. Gordon, who helped prosecute Jan. 6 cases before moving to white-collar crime prosecutions, said the “fire drills” from officials in Washington became so regular that he grew used to the forlorn look on his supervisor’s face when he showed up at Gordon’s door, apologetically delivering yet another frantic request.

“It was either ‘give us stats we can use to make ourselves look good’ or ‘give us the stats to show how bad things are in this area,’” Gordon said. “It was never productive fact-finding.”

Though Gordon didn’t see the memo, he remembered getting the request to review all cases that had been open for more than two years and report back on their status, entering into a master spreadsheet basic information about any that he wanted to keep pursuing.

“The office was pushing us to close everything by a certain date so that when they had to report up to D.C. they had a low number of open cases,” he said. “You really had to go to bat to keep open a case that was more than two years old.”

Gordon said he was fired by the DOJ last June. He has filed a lawsuit alleging his termination was politically motivated. The department did not respond to questions about Gordon’s comments or his lawsuit. The government filed a motion to dismiss the case late last year, arguing that the federal court did not have jurisdiction over the matter. The court has not yet ruled on that motion, and the case is still pending.

Investigations into individuals or corporations declined for prosecution are generally not reported to courts and usually only disclosed in summary form by the DOJ in annual reports. To conduct its analysis, ProPublica obtained declination data from the DOJ and the Transactional Records Access Clearinghouse, a center that obtains data through Freedom of Information Act requests.

Here are some of the areas most impacted by the spike in declinations.

Drugs

As president, Trump has spoken frequently about the “scourge” of drugs coming into the country. At the same time, the Justice Department has declined to prosecute nearly 5,000 cases of federal drug law violations, including trafficking and money laundering. The number of declinations were 45% higher than the average of the prior three new administrations.

Gerbasi, the counternarcotics prosecutor, declined to comment on specific cases that might have been declined in his office. But, he said, once Bondi was appointed, the priority in the office became building cases against Tren de Aragua, a Venezuelan group that the Trump administration has labeled a foreign terrorist organization.

“Tren de Aragua was not anywhere close to the scale or impact of the cartels we were focused on,” Gerbasi said. “But we were told to generate those cases.”

He said his office had to scramble to fly people to investigate local gangs in small towns that were reportedly affiliated with Tren de Aragua. “They never would have merited a full-scale federal investigation,” he said.

“It told me that decisions were going to be based on political appearances and not based on the merits of where investigative resources should be placed.”

The DOJ declined to comment on Gerbasi’s remarks.

National Security

Under Bondi, the DOJ declined more than 1,300 cases involving terrorism and national security, nearly twice what was typical at the start of the most recent new administrations. While domestic terrorism was the hardest-hit program, just over 300 cases involving charges of providing material support to foreign terrorist organizations were also dropped.

The DOJ program handling matters relating to national internal security — which considers cases of alleged spy activity and the security of classified information — saw over 200 declinations, which is four times as many as typical in the first six months of a new administration. Some of the cases related to serving as an unregistered foreign agent, a charge Bondi ordered prosecutors to stop pursuing unless they involved “conduct similar to more traditional espionage by foreign government actors.”

Jimmy Gurulé, a former federal prosecutor and George W. Bush appointee to the U.S. Treasury Department who investigated the financing of terrorism, said the decline in terrorism cases was troubling.

“The Trump DOJ has been used as a political weapon,” he said. “It’s a question of prioritizing resources. Are they going to be used for national security threats or to prosecute his political enemies and critics?” The DOJ did not respond to a request for comment on Gurulé’s remarks.

Labor

The DOJ shut down over 60 union corruption and labor racketeering cases, 2.5 times the number in Trump’s first term. Nearly half of the cases turned down for those offenses were out of the New Jersey U.S. attorney’s office, which in the past has aggressively pursued alleged union corruption. All were noted as declined for insufficient evidence.

Most of those cases had been opened by Grady O’Malley, an assistant U.S. attorney who oversaw several prosecutions of union corruption while working in the New Jersey office over four decades. He retired in 2023 and was disturbed to learn from former colleagues that the office was shutting down the open union probes.

A Trump supporter, O’Malley said that while he doesn’t blame the president, he worries the decision to drop so many cases could embolden unions that he and his colleagues spent years working to hold accountable. “No one is assigned to do labor union cases, and the unions have every reason to believe no one is looking.”

The New Jersey U.S. attorney’s office said it had no comment on the declination of labor cases.

White-Collar Crime

The Trump administration has pledged to root out “rampant” fraud in federal benefit programs like food stamps and welfare. The controversial surging of federal agents to Minnesota in January began as a stated crackdown on noncitizens allegedly ripping off nutrition and child care programs.

The DOJ, however, shut down more than 900 cases of federal program or procurement fraud in the first six months of the administration, including one targeting a mortgage lender accused by several state regulators of defrauding the Federal Housing Administration. The case was dropped due to “prioritization of federal resources and interests.” The U.S. attorney’s office for the Northern District of Alabama, which declined the case, did not reply to a request for comment. The number of fraud cases closed was about double that in the same time period of the Biden and first Trump administrations.

The agency also closed over 100 health care fraud cases as a result of “prioritization of resources and interests” even though the Trump administration has said it is making this area of enforcement a priority.

Among other cases the DOJ determined weren’t a priority: the probe into the Virginia nursing home accused of abuse, as well as investigations in Tennessee into fraud at a national hospital chain and one of the largest Medicaid managed care companies.

The Western District of Virginia U.S. attorney’s office, through a spokesperson, declined to comment on the nursing home case. A spokesperson for the U.S. attorney in the Middle District of Tennessee said the office does not comment on investigations that do not result in public charges.

The DOJ’s Antitrust Division, which focuses on preventing big businesses from creating harmful monopolies, also declined an unusually high number of cases in Trump’s second term. More than 40 cases were dropped within the first six months of Bondi’s tenure. That’s more than double the number declined in the same time period by the prior three new administrations.

Despite the declinations, the department said it charged slightly more people with fraud in 2025 compared with the final year of the Biden administration, and those cases alleged larger financial losses.

Promises Kept

The DOJ under Bondi has also rapidly pursued many of the priorities laid out in Trump’s early executive orders and her own “first day” directives to staff.

Trump in February 2025 issued an executive order pausing new investigations under the Foreign Corrupt Practices Act, which prohibits citizens and companies from bribing foreign entities to advance their business interests. The order asked the attorney general to review and “take appropriate action” on any existing probes to “preserve Presidential foreign policy prerogatives.”

In the first six months, Bondi’s DOJ shut down 25 such cases, which is more than the combined number dropped by the prior three new administrations over the same time period. One of the cases declined for prosecution involved a major car manufacturer, which had reported possible anti-bribery violations to federal investigators involving a foreign subsidiary. The DOJ declined the case for prosecution last June, citing the “prioritization of federal resources and interests.”

On her first day, Bondi ordered a review of criminal prosecutions under the Freedom of Access to Clinic Entrances, or FACE Act, which prohibits people from illegally blocking access to abortion clinics and places of worship. The department dropped as many cases under the act in its first six months as the past three new administrations combined, over the same time frame. Bondi’s order focused on “non-violent protest activity,” although at least one of the closed cases was being investigated as a violent crime. The DOJ has since charged protesters against Immigration and Customs Enforcement and journalists in Minneapolis under the FACE Act. The defendants in the case have pleaded not guilty.

The agency closed three times the number of cases alleging environmental crimes as the Biden administration did and one-and-a-half times as many as compared with Trump’s first term. The declinations came as the DOJ reassigned and cut prosecutors working on environmental cases. One-fifth of all of the dropped environmental protection cases were shut down for “prioritization of federal resources and interests.”