
加利福尼亚州的一名联邦法官已下令特朗普政府停止在九个州开展的调查,这些调查旨在查明是否有非公民登记投票。
A federal judge in California has ordered the Trump administration to halt investigations in nine states into whether noncitizens are registered to vote.
美国加利福尼亚北区联邦地区法院法官阿拉塞利·马丁内斯-奥尔金在奥克兰作出裁决,认定政府的行动依赖的数据充满错误,并导致从事选民协助工作的团体受到恐吓。她表示,调查应暂停至选举日(11月3日)投票结束。
US district court judge Araceli Martínez-Olguín in Oakland found the government's effort was relying on data that is full of errors and that it was leading to intimidation of groups performing voter assistance efforts. She said it should be halted until polls close on election day on 3 November.
她于周三作出该裁决,但将其执行暂缓至周五,以便给政府留出上诉时间。
She put her ruling, which was made on Wednesday, on hold until Friday to give the administration a chance to appeal.
该裁决适用于加利福尼亚州、康涅狄格州、佐治亚州、密苏里州、内华达州、纽约州、宾夕法尼亚州、华盛顿州和威斯康星州的调查。
The ruling applies to investigations in California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin.
此前,在中期选举前几个月,特朗普政府一直在全国范围内搜寻非公民选民。政府暗示这是一个普遍存在的问题,但实际上这种情况非常罕见,即便是政府自己的调查也已证明这一点。
It comes as the Trump administration has been hunting for noncitizen voters throughout the country in the months leading up to the midterm elections. The administration has signaled that it is a widespread problem, when in fact it is quite rare, as even its own investigations have shown.
该诉讼由加利福尼亚护士协会和全美护士联合会、拉美投票基金会、旧金山市和圣克拉拉县共同提起。
The lawsuit was filed by the California Nurses Association and National Nurses United, along with the Voto Latino Foundation, San Francisco and Santa Clara county.
针对该裁决,国土安全部于周四发布电子邮件声明称,其重点是“驱逐投票并稀释美国公民选票的外国人”,并补充道:“我们没有计划质疑或调查我们认为是美国公民的人。”根据案件法律文件,调查人员被要求以归化公民为目标,查明他们在成为美国公民前是否曾投票。用于核查的选民名单来源包括州和地方政府以及公开可获取的信息。马丁内斯-奥尔金法官称这些名单“庞大且不可靠”。
In response to the ruling, the Department of Homeland Security issued an email statement on Thursday saying it was focused on "removing aliens who vote and dilute the votes of U.S. citizens", while adding: "We have no plans to question or investigate people we believe to be U.S. citizens." According to legal filings in the case, investigators were told to target naturalized citizens to see whether they had voted before they became US citizens. The lists of voters to check came from sources that included state and local governments and publicly available information. Martínez-Olguín called them "voluminous and unreliable".
马尔蒂内斯-奥尔金在裁决书中写道:“即使在最理想的条件下,审查过程中也极有可能出现错误,因为不存在包含美国居民公民身份状况的联邦数据库。在‘激增’阶段实施的时间限制进一步加剧了出错风险。”司法部一直要求各州提供详细且未经删减的选民名册数据,并起诉了拒绝移交该信息的30个州,迄今每起诉讼均告败诉。法官指出,对于拒绝共享记录的州,政府试图通过“不可靠的商业版选民名册数据”获取这些记录。
"Even under the best conditions, there is a high likelihood of error in review because there is no federal database containing citizenship status of U.S. residents," Martínez-Olguín wrote in her ruling. "The time limitations implemented during the Surge further exacerbate the risk of error." The Department of Justice has been demanding detailed and unredacted voter roll data from the states and has sued the 30 states that have refused to turn the information over, losing each of those cases so far. The judge noted that for states that refused to share their records, the administration was trying to obtain them through "unreliable commercial versions of voter roll data".
马尔蒂内斯-奥尔金表示,在8月下旬开始的调查“激增”阶段,探员被要求完成对被标记人员的审查,评估每人是否具备合法投票资格的时间不得超过12分钟。
Martínez-Olguín said during a "surge" phase of the investigation starting in late August, agents were ordered to complete reviews of flagged individuals taking no more than 12 minutes per person to assess whether they were legally qualified to vote.
在诉讼中,原告称一些美国公民感觉自己被错误地认定并列入调查对象。马尔蒂内斯-奥尔金表示,这些担忧“完全可以理解为一种恐吓”,导致人们不敢参加竞选活动,也不敢在选举期间担任投票监督员。
In their challenge, the plaintiffs said some US citizens felt they were wrongly identified and investigated as part of the inquiry. Martínez-Olguín said those fears "are well understood as intimidation" that has chilled people from attending campaign events and working as poll monitors during the election.
代表工会和选民团体的律师博·特雷米蒂耶尔在声明中表示,该裁决证实了这些团体的立场。
Beau Tremitiere, a lawyer representing the unions and voter group, said in a statement that the ruling affirms the groups' position.
特雷米蒂耶尔说:“从一开始就很清楚,国土安全部依据糟糕的数据建立名单,从未核查错误率有多高,却鲁莽地在大选前几周派遣探员上门。”
"It was clear from the start that DHS built its lists on bad data, never checked how often it was wrong, and recklessly sent agents to people's homes weeks before an election," Tremitiere said.
这项被称为“非法选民倡议”的调查细节于上月曝光,此前纽约州民主党籍参议院少数党领袖查克·舒默和加利福尼亚州民主党籍参议员亚历克斯·帕迪亚发布了一份关于该调查的举报人报告。
Details of the investigation, known as the "Unlawful Voter Initiative", came to light last month after Chuck Schumer, the Democratic Senate minority leader, of New York and Alex Padilla, the Democratic California senator, released a whistleblower report about it.