DHS tells the court it reasonably decided to use the best data it had available for its law enforcement role

U.S. Department of Homeland SecurityDefendant in the lawsuit, in a brief filed by the U.S. Attorney's Office for the Northern District of California

In its brief opposing the injunction, DHS argues that it reasonably decided to use the best data it had available, and that its actions were therefore not arbitrary and capricious.

“DHS reasonably decided to make use of the best data it had available”

Original text

Read the original text (opens in a new tab)California Nurses Association v. Mullin, No. 4:26-cv-10680-AMO (N.D. Cal.): defendants' opposition to motion for APA stay and preliminary injunctionECF No. 46

Where this statement fits

Judge halts DHS voter-eligibility field interviews of likely citizens in nine states; DHS says it pursues noncitizens who vote

On October 21, 2026, U.S. District Judge Araceli Martínez-Olguín granted a preliminary injunction barring the Department of Homeland Security from election-related field operations and interviews in California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin that involve people agents know or should suspect are U.S. citizens. The order runs until polls close on November 3. National Nurses United and the California Nurses Association, which sued with San Francisco, Santa Clara County and Voto Latino Foundation, say the investigations intimidate voters. DHS says it is focused on removing noncitizens who vote and has no plans to question or investigate people it believes are citizens.

Read the full case

Case updates

Want the next important update?

Follow this case and get an email when an important development changes the record.

Important updates only. Free. Confirm your email to start. Unsubscribe anytime. How we handle your email.

Source and context

Original text

California Nurses Association v. Mullin, No. 4:26-cv-10680-AMO (N.D. Cal.): defendants' opposition to motion for APA stay and preliminary injunction (opens in a new tab)ECF No. 46

About this source

Brief filed September 28, 2026, by the federal defendants, including DHS and Secretary Markwayne Mullin. It argues that the plaintiffs lack standing, that the challenged guidance is not final agency action, and that DHS reasonably used the best data available to it to investigate potential noncitizen voting.

Archived copy (opens in a new tab)

Before the quotation

The federal defendants filed this brief on September 28, 2026, opposing the plaintiffs' motion for a stay and preliminary injunction. Just before this passage, the introduction argues that the plaintiffs lack standing, that the challenged guidance is not final agency action, and that decisions about which leads to pursue are committed to agency discretion. It then says that, if reviewable, the actions are not arbitrary and capricious.

After the quotation

The sentence continues that DHS used the data to perform its law enforcement role, even though the information may not be perfect in all cases. The introduction goes on to say the plaintiffs cannot bring freestanding claims outside the Administrative Procedure Act and have not shown that investigations alone would violate the Voting Rights Act or the Constitution.

How this statement is classified

Defended or excused

The label describes this statement's response within the context above.

Why this label?

Relative to DHS's election-related field investigations in the nine states, the brief defends the department's use of its data to choose people for investigation and argues that the actions are not arbitrary or capricious.

Recorded on
Published here
People and groups discussed
National Nurses United

More from this case

Read the full case

National Nurses United's Puneet Maharaj says Trump cannot hold power without illegally suppressing the vote through harassment, intimidation and detention

National Nurses United

“So many people in the United States are suffering under Trump’s corrupt and cruel policies on behalf of the billionaire class that he knows cannot hold onto power in these upcoming elections without illegally suppressing our vote through outright harassment, intimidation, and even detention”
Read statement

Share or embed this statement

Quote card: U.S. Department of Homeland Security, DHS tells the court it reasonably decided to use the best data it had available for its law enforcement roleDownload image (PNG)

The embed keeps its attribution link to The Dispute Index. Credit the image to The Dispute Index and link to the statement page.

Cite this record

Publisher
The Dispute Index
Title
DHS tells the court it reasonably decided to use the best data it had available for its law enforcement role
First published
Last updated
Permalink
https://disputeindex.com/events/7318-in-its-brief-opposing-the-injunction-dhs-argues

Last updated marks the most recent saved version of this published statement.

The Dispute Index. "DHS tells the court it reasonably decided to use the best data it had available for its law enforcement role". First published: 2026-10-30. Last updated: 2026-10-30. https://disputeindex.com/events/7318-in-its-brief-opposing-the-injunction-dhs-argues