BAY AREA, CA — Five Bay Area residents face federal charges accusing them of voting illegally and lying on citizenship paperwork. Their arrests are part of a Trump administration prosecution campaign now facing scrutiny over the reliability of its methods.
The defendants live in Petaluma, San Jose, Daly City, Hayward, and San Francisco. They are among 28 people charged under Operation Protect the Vote, a federal effort involving California's four U.S. attorney's offices, according to the U.S. Justice Department, that a federal judge put on hold today.
U.S. District Judge Araceli Martínez-Olguín ordered the Department of Homeland Security to suspend certain investigative activities targeting suspected noncitizen voters, citing flawed data that includes Americans legally entitled to vote.
Martinez-Olguin in Oakland found the government's effort is relying on data that is full of errors and that it's leading to intimidation of groups performing voter assistance efforts. She said it should be halted until polls close on Election Day, Nov. 3.
She put her ruling, which was made Wednesday, on hold until Friday to give the administration a chance to appeal.
The ruling applies to investigations in California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin.
Authorities arrested 11 people in California Monday. All defendants are lawful permanent residents, commonly called green card holders, the department said. Several federal agents accompanied by camera crews descended on their homes.
As lawful permanent residents, they are not eligible to vote in federal elections.
But it is not clear whether all or any ever tried to. Some have said they don't recall ever registering to vote, something that can be done while filing out DMV forms.
One Bay Area defendant denied ever voting. David Shapiro, 41, of San Jose, told The Mercury News that he had never cast a ballot.
The government's investigative methods are being scrutinized beyond the individual prosecutions.
In its civil lawsuit against California, the Justice Department described matching voter-registration information with immigration records, using third-party software, and conducting additional citizenship checks before referring suspected cases for investigation.
Prosecutors allege the five Bay Area defendants falsely claimed citizenship to register to vote and later misrepresented their histories while seeking naturalization.
According to the Justice Department, the defendants are:
In Sonoma County, the prosecution drew questions from Registrar of Voters Evelyn Mendez, who told The Press Democrat that federal authorities had not contacted her office before charging Bullene.
Mendez learned about the case from another reporter, according to the newspaper. She questioned whether the publicly available information was sufficient to identify the voter because it lacked a birth date and address.
She also questioned the source of the voting history and the timing of the prosecution shortly before the Nov. 3 election, The Press Democrat reported.
The criminal cases accompany a broader federal challenge to California's voter rolls.
In a separate lawsuit announced Oct. 15, the Justice Department sought action involving more than 20,000 registered voters it described as likely noncitizens.
California Attorney General Rob Bonta opposed the government's request to set aside those voters' ballots, arguing in an Oct. 20 court filing that the effort threatened to disenfranchise thousands of Californians, CalMatters reported.
Rep. Jared Huffman also raised concerns about potential voter intimidation and election interference during a Tuesday appearance in Petaluma with Rep. Mike Thompson, The Press Democrat reported.
Prosecutors allege Bullene received lawful permanent resident status in December 2020.
In November 2022, Bullene answered "No" when an electronic California driver's license application asked whether she was a U.S. citizen, prosecutors contend. Four days later, they allege, she signed a same-day voter registration form in Humboldt County, identified herself as a citizen, and voted, The Press Democrat reported.
The complaint also alleges she registered in Sonoma County in 2023 and cast another ballot in November 2024, according to the newspaper. The Press Democrat noted that the filings suggest the 2024 ballot was cast in San Francisco.
Prosecutors further allege that Bullene denied having previously claimed citizenship or voted when she applied for naturalization in October 2025, according to the newspaper.
Bullene faces four counts, the most serious of which is attempted procurement of naturalization contrary to law, carries a maximum sentence of 10 years in prison, a fine of up to $250,000, and possible immigration consequences.
U.S. Magistrate Judge Alex Tse signed Bullene's arrest warrant Oct. 16, according to The Press Democrat. The newspaper reported that she had not been arrested when prosecutors filed defendant information earlier in the week.
The judge's ruling stems from a lawsuit filed by the California Nurses Association and National Nurses United, along with the Voto Latino Foundation, San Francisco and Santa Clara County.
In response to the ruling, the Department of Homeland Security issued an email statement today, Thursday, saying it's 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."
Martínez-Olguín granted them a preliminary injunction Wednesday after finding that the litigants were likely to prevail on their claim that federal election investigations intimidated members who assist and mobilize voters.
The judge found that faulty data, armed encounters, and publicized arrests created reasonable fear among union members involved in voter outreach.
Martínez-Olguín wrote that DHS's data identifying hundreds of thousands of suspected noncitizen voters includes U.S. citizens and leaves eligible voters afraid of being wrongly targeted, CNN reporred.
She found that faulty data, armed encounters, and publicized arrests created reasonable fear among union members involved in voter outreach.
The order restricts certain DHS field investigations, including interviews, involving people agents know or reasonably suspect could be U.S. citizens.
It covers California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington, and Wisconsin.
Plaintiffs must post a $100 bond by 5 p.m. today when the injunction ends, giving the administration time to seek a further stay and appeal.
Unless changed, the restrictions will remain in effect through the closing of polls Nov. 3.
The government can seek a further stay and appeal.
The Associated Press contributed to this report
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