Aguilar Disputes Federal Data on Noncitizen Registrations in Nevada

Nevada Secretary of State Cisco Aguilar stated Monday that federal data claiming thousands of noncitizens are registered to vote in the state lacks the necessary details to verify those claims. As voters cast ballots on Tuesday, Aguilar argued that the information provided by the Department of Homeland Security, or DHS, could not be used to confirm voter status because it predates the state's current digital system.

In July, DHS announced that as many as 15,903 noncitizens were registered to vote in Nevada. The department later told Aguilar's office that it had narrowed that figure to 185 potential noncitizens. A DHS spokesperson described the initial number as a ceiling. In an emailed statement, the agency said it shared a list of 6,218 individuals with Nevada at the state's request. The statement noted that these individuals had the highest number of matching attributes to records in DHS systems.

Aguilar said his office attempted to use the data but could not determine if the records referred to registrations from before or after 2024. The state switched to a new system that assigned voters new numbers, making it difficult to match older federal data. "We will comply with any verifiable real data," Aguilar said. "Unfortunately, the DHS data we received wasn't really what we needed to verify those voters."

The dispute occurs amid legal battles in other states. The Justice Department sued California on October 15 to prevent the state from counting mail ballots sent to about 20,000 people identified as likely noncitizens. A federal appeals court rejected that bid on Friday. The Trump administration appealed to the U.S. Supreme Court, which rejected the appeal on Monday. The Justice Department also subpoenaed employees of the Los Angeles County Registrar-Recorder, ordering them to appear in court Wednesday with documents related to the claims.

Aguilar said the Justice Department has not filed a similar lawsuit in Nevada. He expressed skepticism that such a suit would succeed if filed. "We're prepared to litigate as soon as that request comes, but I don't think it's going to come," Aguilar said. He described the federal actions as a tactic driven by fear of the midterm election outcome.

DHS stated in its statement that it is focused on prosecuting and removing noncitizens who vote. The agency claimed it is actively investigating election fraud. A spokesperson said the department aims to ensure that only American citizens elect American leaders.

Research organizations, including the Brennan Center for Justice, have found noncitizen voting to be rare. A database from the conservative Heritage Foundation lists roughly 100 cases of noncitizen voting nationwide. Trump, who lost the 2020 election, has frequently claimed that noncitizens vote in large numbers to help Democrats win.

Aguilar, a Democrat, said he is currently under investigation by the Justice Department. The department issued at least seven voter-related subpoenas earlier this year. "We are meeting our legal responsibilities in those cases," Aguilar said. Nevada voters are also deciding Tuesday whether to require identification at the polls under Question 7, a measure that passed in 2024 and requires a majority vote again to amend the state constitution.