
加利福尼亚州的一名联邦法官正在限制国土安全部的大选前实地行动,该机构称这些行动旨在试图在九个州寻找非法投票的非公民。
A federal judge in California is putting limits on pre-election field operations conducted by the Department of Homeland Security that the agency says is aimed at trying to find noncitizens who have illegally voted in nine states.
最近几周,武装的国土安全调查局(HSI)官员开展了实地行动,上门拜访并面谈涉嫌以非公民身份非法投票的人员。调查对象可能包括已入籍公民但在入籍前投票的人。
In recent weeks, armed Homeland Security Investigations officers have carried out field operations and visited homes to interview people suspected of illegally voting as noncitizens. The targets can include people who became citizens but voted before they naturalized.
周三深夜,美国地区法官阿拉塞利·马丁内斯-奥尔金(Araceli Martínez-Olguín,乔·拜登总统任命)在一份19页的命令中写道,联邦政府在这项行动中使用了“有缺陷”的数据,其做法很可能违反了禁止选民恐吓的《投票权法案》。
In a 19-page order late Wednesday, U.S. District Judge Araceli Martínez-Olguín, an appointee of President Joe Biden, wrote that the federal government was using "flawed" data in the initiative and that its efforts likely violated the Voting Rights Act, which bars voter intimidation.
马丁内斯-奥尔金援引了上个月美国公民及移民服务局(USCIS)一名举报人的披露,该举报人指控当局匆忙匹配数据以创建选民名册上潜在非公民的目标名单,且该名单包含美国公民。她还指出了HSI的社交媒体帖子,包括一条展示特工给一名被指控非法登记投票的加利福尼亚男子戴上手铐的帖子。
Martínez-Olguín referenced a disclosure last month from a U.S. Citizenship and Immigration Services whistleblower that alleged rushed efforts to match data to create a target list of potential noncitizens on voter rolls, and that the list includes U.S. citizens. She also pointed to HSI's social media posts, including one that showed agents handcuffing a California man accused of unlawfully registering to vote.
法官写道,政府使用不可靠且不完整的数据,加上高调逮捕行动,“导致客观上合理的执法纠缠恐惧,恐吓公民不敢敦促或协助他人行使投票权。”根据案件披露的文件和CNN的报道,HSI原计划在加利福尼亚州、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开展实地行动。
The judge wrote that the government's use of unreliable and incomplete data along with highly publicized arrests "lead to an objectively reasonable fear of law enforcement entanglements that intimidates citizens from urging or aiding others in exercising their right to vote." HSI field operations were planned in California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin, according to documents produced in the case and CNN reporting.
马丁内斯-奥尔金禁止这些州的国土安全部官员开展针对其“知晓、怀疑、或理应合理知晓或怀疑为美国公民”人员的实地行动,或“完全”基于USCIS匹配数据且无进一步调查的行动。
Martínez-Olguín barred DHS officers in those states from conducting field operations targeting people they "know, suspect, or should reasonably know or suspect are U.S. citizens," or that are based "wholly" on USCIS matching data without further investigation.
在一份声明中,美国公民及移民服务局(USCIS)官员尼古拉斯·巴特尔(Nicolas Bartell)告诉法官,他的团队在将记录移交给国土安全部调查局(HSI)之前会人工审查记录,但他承认联邦记录中存在“低概率”将公民“错误识别为潜在外国人”的情况。他写道,这些风险已通过其办公室采取的保障措施得到缓解,“任何剩余风险都被支持该机构执法和选举诚信使命的必要性所超过”。
In a declaration, USCIS official Nicolas Bartell had told the judge his team manually reviews records before referring them to HSI, but acknowledged the "low possibility" citizens could be "erroneously identified as potential aliens" in federal records. He wrote the risks were mitigated by safeguards his office takes "and any remaining risks were outweighed by the need to support the agency's law-enforcement and election-integrity mission."
目前尚不清楚法官的命令将对联邦政府备受瞩目的寻找非公民选民行动产生多大影响。各州的审查和审计一致发现,非公民投票极为罕见。
It's unclear how much of an effect the judge's order will have on the federal government's highly publicized campaign to find noncitizen voters. States reviews and audits have consistently found voting by noncitizens to be extremely rare.
“国土安全部(DHS)正全力以赴识别、起诉并驱逐那些投票并稀释美国公民选票的外国人。只有美国人应该选举美国领导人,”该机构在一份声明中写道。“我们没有计划质疑或调查我们认为是美国公民的人。”该命令定于周五生效,并将持续到选举之夜,但联邦政府可能会提出上诉。
"DHS is laser focused on identifying, prosecuting, and removing aliens who vote and dilute the votes of U.S. citizens. ONLY Americans should elect American leaders," the agency wrote in a statement. "We have no plans to question or investigate people we believe to be U.S. citizens." The order is set to take effect on Friday and would be in effect through election night, though the federal government could appeal.
法官的裁决源于一个联盟上个月提起的诉讼,该联盟包括旧金山和圣克拉拉县、旧金山市、护士工会以及Voto Latino基金会。保护民主组织(Protect Democracy)和国家移民法中心(National Immigration Law Center)正在代表原告起诉国土安全部和司法部。
The judge's ruling came in a lawsuit filed last month by a coalition that includes San Francisco and Santa Clara counties, the city of San Francisco, nursing unions and Voto Latino Foundation. Protect Democracy and the National Immigration Law Center are litigating the case against the Department of Homeland Security and the Department of Justice.
“今天,法院确认了我们民主的一项重要原则:投票是一项基本权利,公民——无论是出生公民还是归化公民——都应该能够在没有武装政府特工骚扰的情况下行使这项权利,”保护民主组织的律师博·特雷米蒂埃(Beau Tremitiere)在一份声明中说。
"Today, the courts affirmed a vital principle of our democracy: Voting is a fundamental right that citizens — whether born here or naturalized — should be able to exercise without armed government agents harassing them," Beau Tremitiere, a lawyer with Protect Democracy, said in a statement.
“从一开始就很明显,国土安全部依据糟糕的数据建立名单,从未核实错误率有多高,却鲁莽地在大选前几周派遣特工前往民众家中,”他补充道。
"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," he added.
加州护士协会和全国护士联盟的一份法庭文件称,归化公民成员因联邦行动不再想参加政治集会、报名担任选举投票站工作人员或亲自投票。
A court filing by the California Nurses Association and National Nurses United described naturalized citizen members who no longer wanted to attend political rallies, sign up to be election poll workers, or vote in person because of the federal operations.
该命令发布之际,司法部正在起诉加州,要求该州将联邦官员称其认为“可能”不是公民的2万张选票隔离出来。
The order comes as the Department of Justice is suing California and demanding the state segregate 20,000 ballots from people federal officials say they believe are "likely" noncitizens.
洛杉矶县选举官员对该名单样本进行初步审查发现,许多登记已被取消、处于非活跃状态或没有投票记录,有些涉及的人员表明自己出生在美国。
A preliminary review of a sample of that list by Los Angeles County election officials found many of the registrations were canceled, inactive or had no voting history, and some pertained to people who indicated they were born in the U.S.
司法部周一宣布,对全州28名绿卡持有者提起指控,指控他们非法投票或登记投票。
The DOJ announced charges against 28 green card holders across the state on Monday who are accused of illegally voting or registering to vote.