Law was set to go into effect in January, months before cyclosporiasis outbreak, but now is set for 2028
Congress
passed a law to help federal agencies investigate outbreaks of
foodborne illness – a regulation experts said could have stopped the
US’s largest cyclosporiasis outbreak much sooner.
The only problem? The rule has been delayed – for 15 years, including most recently amid lobbying in 2025.
It was set to go into effect in January 2026, months before the single-celled parasite sickened more than 24,000 people and killed two in the midwest.
Now, it won’t go into effect until 2028.
“Congress
recognized this issue in 2010 and asked [the Food and Drug
Administration, or FDA] to develop solutions,” said Sara Sorscher, an
attorney who specializes in food safety at the Center for Science in the
Public Interest, a consumer advocacy group. “We are now 16 years in,
and we still don’t have enforcement of this rule that’s meant to deal
with exactly this type of situation.”
Often
called the “traceability rule”, the regulation comes from the Food
Safety and Modernization Act (FSMA) of 2011, passed during the Obama
administration. The regulation requires enhanced record-keeping for
high-risk foods – namely, those which have a history of making people
sick, such as soft cheese, leafy greens, eggs and peanut butter – “for
persons who manufacture, process, pack, or hold foods”.
The
promise of the traceability rule is to allow the FDA to more quickly
and accurately pinpoint where tainted food came from, all the way down
to the farm. However, the rule has raised the hackles of some in the
food supply chain, and retailers and food manufacturers have been
particularly vocal about their concerns, lobbying reports show.
“It’s
pretty crazy,” said Jennifer McIntire, founder of the food safety
consulting firm Food Strategy, about the lengthy implementation of the
rule.
Earlier this month, a group of 11 consumer, public health and labor advocates called on Congress
to speed up implementation of the rule in a letter to lawmakers –
arguing this summer’s cyclospora outbreak caused a “crisis in consumer
confidence”.
“It’s probably getting close to
30,000 people – 95% of all the illnesses occur in the 15 states that
have Taco Bell and Taylor Farms,” said Bill Marler, a leading food
safety attorney, about the cyclosporiasis outbreak. He is representing
more than 400 people sickened in the outbreak, and has publicly said he
supports the groups’ letter.
The heart of
uncovering the culprit in a foodborne illness outbreak is the
“traceback”. Local health departments are the first line of defense –
they find out who ate what and where – a restaurant, a bagged salad, a
carton of eggs.
Then federal agencies,
including the FDA, find out where potentially contaminated food came
from by following the supply chain back from a restaurant or grocer to
distributors, packing operations and farms.
“For
example, let’s do packaged salad – lettuce and greens,” said David
Lennarz, who co-founded Registrar Corp, a supply chain company that
helps businesses comply with federal food safety regulations.
“Some
of the products you can buy are multiple types of greens – you could
have radicchio, spinach, you could have lettuce. Those could be coming
from completely different sources and then are all packaged up.”
The
current tracking system in the US derives from the Bioterrorism Act of
2003, according to Jennifer McEntire, founder of the food safety
consulting firm Food Strategy. In the years following September 11,
2001, and amid the anthrax threats sent to senior US officials in its
aftermath, “it was recognized that food was a critical infrastructure,
and that FDA had no idea – no authority – to know what food facilities
even existed in the United States. And that was a loophole that was
closed through the Bioterrorism Act,” said McEntire.
That
left the US with its current system, often called, “one up, one back” –
meaning a restaurant or retailer needs to document where they bought
something, and a distributor or manufacturer needs to know where they
sold something. Still, this system left food traceback incredibly
difficult.
“I think FDA does a pretty darn good job, but tracebacks are very, very challenging,” said Lennarz.
Determining
where individual greens came from is hard because, per a group
representing US farmers, data related to where the crop originated is
often lost at the point where cases from farms are combined into
pallets, which are then loaded on to trucks.
“Since
a field of leafy greens can go to multiple restaurants or multiple
homes, we want to be able to find any lettuce that is offending and
gather it and pull it back as quickly as possible,” said De Ann Davis,
vice-president of science for the Western Growers Association, which
represents farmers and supports the traceability rule.
The stakes are high for farmers – the price of lettuce dropped more than 16% in July,
according to government inflation data, as consumers dropped lettuces.
Davis said farmers have collected data on where cases of their produce
goes for more than a decade as part of a voluntary initiative called the
Produce Traceability Initiative.
“If
post-when-we-ship it is not traced well, or tracked well, there is very
little our grower can do about it,” said Davis. The government’s
traceability rule would require manufacturers and sellers to retain that
information, so that it can be provided to the FDA in the case of
contamination.
Even as food safety advocates
and growers promote traceability, some of the most intense lobbying has
come from retailers and food industry groups. The Food Industry
Association (FMI) described traceability as “the most complex regulation
the food industry has ever faced” in a recent statement, and retailers
made their “concerns” about the regulation known to lawmakers and
regulators, lobbying reports show.
In 2024, the Reagan-Udall Foundation
for the FDA, a private nonprofit created by Congress during the
Bush-era, held a roundtable with representatives of the food industry,
from behemoths to influential restaurant groups. Among the attendees
were Chipotle, Kellogg Company, the midwestern convenience store chain
Kwik Trip, the National Restaurant Association, the National Grocers
Association and McDonald’s.
In a summary of
the event published by Reagan-Udall, industry representatives argued
traceability would “potentially require significant increases in labor,
equipment, and space, with significant associated costs”, according to a
2024 industry roundtable with an FDA-affiliated nonprofit.
From
2024 to 2025, lobbyists for FMI, the southern giant Publix Super
Markets, the National Retail Federation and the International Food
Service Distributors Association all lobbied on the traceability rule.
The
National Retail Federation (NRF), whose board of directors includes
food heavyweights such as Albertson’s, Walmart and Target said in
lobbying disclosure reports that it was “requesting inclusion of
language in FY24 Agriculture Appropriations bill to require FDA to work
collaboratively with industry to address concerns with FMSA 204
traceability rule”, and that it was “seeking support” for a bill that
would relax food traceability requirements, introduced by a House
Republican from Florida. NRF also expressed “concerns with FMSA 204
traceability rule” to the House, Senate, FDA and CDC, according to lobbying reports.
After
all this lobbying, the industry got part of what it wanted – another
delay. In March 2025, the FDA announced a 30-month delay in enforcement
of the traceability rule. In November 2025, Congress ended a historic 43-day government shutdown with a budget bill.
Buried in the massive appropriations act was an important provision for food safety: Congress prohibited
enforcement of the traceability rule until July 2028 – the same
provision that consumer groups asked lawmakers to rescind in a letter
this month.
In a statement, FMI said: “The
food industry shares FDA’s commitment to strengthening food
traceability, protecting public health and assisting with foodborne
illness investigations to quickly identify and remove potentially
contaminated products from commerce. FMI and our member companies have
put in a tremendous amount of time, effort and resources over the last
four years to understand and implement the FDA Food Traceability Rule.”
FMI
continued: “It is extraordinarily complex and requires unprecedented
coordination among growers, manufacturers, distributors, wholesalers,
retailers and foodservice operators. Having adequate time is essential
for addressing operational realities and developing practical, workable
solutions across the entire food supply chain without increasing costs
or disrupting the flow of goods. We look forward to continuing to work
with FDA to ensure that the rule reflects the goals of the 2011 Food
Safety Modernization Act and that food companies of all sizes are able
to comply.”
The Guardian also contacted NRF and Publix Super Markets for comment, but did not receive a response.
But
for some advocates like Marler, whose law firm handles cases of victims
who may be severely injured or even killed by food contamination, the
delays are nothing short of inconceivable.
The
traceability rule “allows product to get off the market faster so less
people get sick – all of those things are good for industry, whose
product is being besmirched by one entity”, said Marler.
“These grown white men who run these organizations are acting like 2-year-olds… They just don’t want to be told what to do.”
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You
could not ask for a more complete and hair-raising compendium of the
insane things that Silicon Valley moguls have said and advocated for
than journalist Gil Durán’s new book, The Nerd Reich. The book, based on a fiery newsletter Durán
publishes about technology and the San Francisco Bay Area, identifies
such billionaires as venture capitalist Marc Andreessen and Peter Thiel
as the spiders at the center of a web of “philosophers,” tech
evangelists, start-up founders, and—most disturbingly—politicians who
subscribe to a set of authoritarian ideas and plans for the future based
on half-baked theories and an incomplete understanding of how the world
works.
There’s not a lot of original reporting in The Nerd Reich, but
Durán assembles relevant info from scores of journalists and scholars,
as well as providing a valuable dive into the fringy sources for some of
the Valley’s most menacing ideas. Thiel, the supervillain in this
story, was profoundly shaped by a 1997 book by James Dale Davidson and
Lord William Rees-Mogg, The Sovereign Individual. One
of the countless titles published every year predicting some form of
imminent social or economic collapse and offering advice on how to
survive it, The Sovereign Individual struck Thiel as prescient, a prophecy of the coming invention of both cryptocurrency and A.I.,
the subsequent downfall of nation-states, and the rise of individuals
as complete masters of their own fates—or, at least, those individuals
smart, and therefore rich, enough to command such power.
By Gil Durán. Avid Reader Press/Simon & Schuster.
Slate receives a commission when you purchase items using the links on this page.
Thank you for your support.
TESCREAL,
Durán writes, stands for a conglomeration of “seven overlapping
ideological movements: transhumanism, extropianism, singularitarianism,
cosmism, rationalism, effective altruism, and longtermism.”
Transhumanists believe that emerging technologies will transform people
into “post-human robots” with superior physical and cognitive abilities.
Extropians believe that technology will improve the human condition
until we attain immortality. Singularitarians believe that the moment
when humanity merges with machines, “the singularity,” will arrive at
any moment. Cosmists want to revive the project of settling in outer space.
Rationalism “attracts tech workers who believe human reasoning can be
systematically debugged and improved through logic, rigorous thinking,
and purported cognitive hacks.” Effective altruism, which emerged from
rationalism, advocates using “evidence and reason to pursue an impartial
analysis of how to pursue the greatest good for humanity.” And
longtermism, a subset of effective altruism, insists that present
decisionmaking should prioritize the welfare of future, unborn
generations over those currently alive. “Of all the TESCREAL
ideologies,” Durán writes, “longtermism is perhaps the most important
because it provides tech elites with a moral justification for just
about any action.”
By
Durán’s account, most of these elites already seem to believe that any
action of theirs can be justified by their superior intelligence. Balaji
Srinivasan, an entrepreneur and investor who is a major proponent of
the network state concept, made a speech at a conference in 2023 in
which he described a San Francisco divided into tribes:
blue and red, according to our current monikers for Democrats and
Republicans, but also “grays,” tech workers who must team up with the
reds to crush the blues and take over such cities as San Francisco,
creating tech-controlled gray “zones” where blues would be banned.
As
dystopian as this scenario sounds, Srinivasan genuinely seems to view
it as appealing, reflecting similar if not identical extremism in the
Trump administration. Much of the TESCREAL ideological complex comes
across as the overheated product of too much time spent with machines
and online, a fertile breeding ground for such bizarre spinoffs as the Zizians,
a former rationalist splinter group allegedly involved in the deaths of
six people. California, after all, is notorious for such kookiness. But
the massive wealth of the tech overlords who often subscribe to
versions of these beliefs gives them a frightening influence over
politics, as Durán warns in his recounting of their efforts to sway
elections in both San Francisco and, in 2024, the entire U.S. Curtis Yarvin,
an alt-right thinker whose beliefs are prominent in Silicon Valley,
advocates a measure he calls RAGE—“retire all government
employees”—which was manifested as DOGE in 2025.
The
Valley’s increasing involvement in politics is especially disturbing
given the popularity in tech circles of Yarvin, who calls for
eliminating the democratic process and installing a monarchical CEO as
the head of the United States. Yarvin comes across as a possibly
mentally ill eccentric, yet he nevertheless has the ear of such tech
barons as Thiel, who has already stated that he no longer believes “that freedom and democracy are compatible.” Thiel,
who also claims to be a Christian and has taken to making speeches
about the advent of the Antichrist, subscribes to a set of beliefs so
muddled and risible that even in a 2025 interview with
the essentially sympathetic conservative commentator Ross Douthat,
Thiel stumbled over his response to the question of whether he thought
the human race should survive.
As
Durán points out, this mishmash of ideas tends to collapse under
scrutiny. (He quotes an astrophysicist dismissing Elon Musk’s cosmist
fantasy of a Mars settlement by remarking “There’s no air—and the dirt
is made of poison. You would just die.”) These ideologies are embraced
as items more of faith than of their adherents’ much-touted
reason. “TESCREAL,” Durán writes, “remakes religion for the age of A.I.
It requires faith in an all-powerful being (superintelligence) that will
engineer immortality (eternal life) and enable a perfect abundance in
the stars (heaven), providing a promise of transcendence that
contradicts known science.” It also exalts a priestly caste of the
so-called cognitive elite, whose superiority entitles them to exploit
everyone else. Yarvin once proposed that citizens deemed by this ruling
class to be “not productive” could be converted into biofuel to power
public transportation. Later, he would claim that he was joking about
what he considered the very real problem of coming up with “a humane
alternative to genocide.”
How
does someone get this stupid? Surely the media, specifically the
business and tech media, deserves plenty of blame for valorizing Silicon
Valley entrepreneurs over several decades, exalting them as epochal
geniuses. Sequestered in an enclave—complete with its own deeply complicit university—the
tech sector held a flattering mirror up to itself, compounding its own
myopia. The American propensity for worshipping the rich and equating
their wealth with both intelligence and virtue supplied plenty of
reinforcement for their hubris. And rich people, as any normal person
who has dealings with them can attest, are frequently out of touch with
the realities beyond the comfy buffer of their money. As a result, we
get idiocies like Musk’s notorious 2018 tweet
in which he proposed creating a “urban loop system [that] would have
1000’s of small stations the size of a single parking space that take
you very close to your destination & blend seamlessly into the
fabric of a city, rather than a small number of big stations like a
subway.” To which many replied that bus stops already exist.
Durán
gives perhaps too much credence to the viability of Silicon Valley’s
most authoritarian dreams. He points to recall elections in San
Francisco as ominous examples of the Valley flexing its financial power
without acknowledging that the targeted politicians (particularly some
school board members) were already very unpopular with voters as a
result of their actual policies. And while Musk’s millions undoubtedly
helped get Trump reelected in 2024, he utterly failed to buy his desired result in
a Wisconsin state Supreme Court election the following year. It helps
to offer voters a genuinely decent alternative. Nevertheless, The Nerd Reich is
still a much-needed aid in a very necessary task: tearing down the
golden calf Americans have built in Palo Alto before it devours us all.
ProPublica is a nonprofit, investigative newsroom that exposes
corruption. We report in all 50 states and partner with local newsrooms. Our work spurs real-world impact and has received numerous awards, including nine Pulitzer Prizes.
Inflated Claims: HSI deployed its tech platform to
find noncitizens on voter rolls, despite warnings from agency insiders
that it would lead to an “ungodly” number of false positives.
Privacy Concerns: DOJ leaders ignored internal concerns that transferring voter lists to HSI for criminal investigation might not be legal.
Scant Results: Despite intense White House
pressure, the effort has produced only a few dozen noncitizen voter
prosecutions nationwide — and even fewer convictions.
These highlights were written by the reporters and editors who worked on this story.
It was late March when Joe Teirab, the second-in-command at
Minnesota’s U.S. attorney’s office, received an urgent email from
Washington.
The federal government was scrambling to find criminal cases to back
up President Donald Trump’s claims that illegal voting by noncitizens
was tipping the scales in American elections. Agents from Homeland
Security Investigations, a massive federal law enforcement agency, had
been dispatched to work leads across the country, including hundreds in
Minnesota.
Teirab was already under pressure. In an earlier missive, Nick Davis,
a high-ranking Justice Department appointee helping to lead the
election fraud crusade, had reminded him the cases were so high priority
that Teirab and his staff couldn’t decline to move forward on them
without express approval from agency higher-ups. On March 24, Davis
demanded a status report — within hours.
Teirab, a former Marine and a Harvard Law graduate who’d run
unsuccessfully for Congress as a Republican, responded with a blunt
reality check.
“Bottom line up front,” he replied in an email reviewed by
ProPublica. After subpoenaing records on about 130 people, only one had
been referred for prosecution, his staff had told him. Agents had
deluged local election offices with calls and demands for voting
histories, demonstrating “a complete lack of understanding” of illegal
voting investigations.
“The HSI task force has been disjointed and disorganized,” Teirab wrote. The entire process, he said, had been “dysfunctional.”
Since Trump regained the White House, his administration has launched
a series of unprecedented initiatives to find and prosecute voting by
noncitizens, which he’s long claimed, without evidence, is rampant.
He’s stepped up this push in recent weeks, saying in a nationally televised speech
that the American election system was “so vulnerable that no one can
possibly defend it.” To support that assertion, the Department of
Homeland Security, HSI’s parent agency, released documents asserting it
had found more than 250,000 noncitizens on voter rolls in just four
states, all led by Democrats. The documents included no explanation of
how that number was calculated.
It’s well known the administration has tasked HSI — a force
established to combat drug cartels, terrorism and other cross-border
criminal enterprises — with leading the campaign to find election fraud
cases in the United States.
But an investigation by ProPublica reveals for the first time how the
Trump administration came to harness HSI’s personnel, technology and
sweeping legal authority in service of its election agenda — and how
meager the results have been, despite the prodigious resources sunk into
the effort.
According to interviews and internal emails reviewed by ProPublica,
career staffers at the Justice Department warned that transferring voter
rolls to HSI to enable it to search for noncitizen voters could violate
federal privacy laws. Similarly, longtime HSI insiders cautioned that
using the agency’s databases and tools to search these lists would yield
mismatches and wildly inflated results.
The administration plowed forward anyway.
HSI’s involvement in the hunt for election fraud traces at least to
summer 2025, when agency supervisors embraced a proposal from a midlevel
agent who’d publicly echoed Trump’s claims about elections. He argued
the agency’s powerful databases and tools could find noncitizens even on
the voter lists that states make publicly available, from which the
most confidential information has been redacted. Under Trump, the
Justice Department had collected many public voter rolls as part of a
controversial effort to compel states to turn over the unredacted
versions.
Those searches went forward, ProPublica’s reporting shows, helping to
generate tens of thousands of leads regarding illegal voting across the
country. But when HSI agents were sent to investigate them, the results
were similar to what Teirab reported from Minnesota.
Between January 2025 and May 2026, a ProPublica analysis of Justice
Department data shows, fewer than 150 alleged noncitizen voters were
referred for prosecution. Even fewer — 41 — were charged with voting
illegally or other election-related crimes. (More than 150 million
people voted in the most recent presidential election.)
In response to questions from ProPublica, administration officials
insisted the effort spearheaded by HSI was producing meaningful results.
“President Trump is committed to ensuring that Americans have full
confidence in the administration of elections, and that includes totally
accurate and up-to-date voter rolls free of errors and unlawfully
registered non-citizen voters,” Abigail Jackson, a White House
spokesperson, said in response to ProPublica’s request for comment.
“Noncitizens voting is a crime. Anyone breaking the law will be held
accountable.”
A DHS spokesperson didn’t answer questions about why so few
prosecutions have resulted from HSI’s work. The agency wouldn’t specify
what tools or techniques HSI had used, but confirmed it had
cross-referenced “publicly available data” from state voter rolls with
information on “known illegal aliens” in its systems. “It’s not rocket
science,” the spokesperson wrote of this initiative in a response to
ProPublica’s questions. “It’s an easy step to secure our elections.”
Teirab and the U.S. attorney’s office in Minnesota declined to comment.
There’s an array of reasons why Trump’s campaign to document claims
of widespread voter fraud hasn’t succeeded. Most obviously, it’s
exceedingly rare, as countlessstudies and state audits have found. Noncitizens often get on voter rolls by accident or when government officials make errors. Last month, New Jersey disclosed that a mistake involving its Motor Vehicle Commission caused 6,600 noncitizens to be registered (fewer than 400 voted).
The administration’s critics say its hunt for noncitizen voters aligns with Trump’s attempts to seek more federal control over elections
while stoking doubt and fear about the voting process. Since taking
back the Oval Office, Trump has tried to impose new restrictions on
voter registration, mail-in ballots and voting machines, though judges
have shut down most of these efforts.
Former officials at DHS and the Justice Department called the move to
involve HSI a further escalation and questioned the propriety of aiming
the agency’s muscle and technology at individual cases of illegal
voting.
“It’s one thing if you’re going after Pablo Escobar,” said Steve
Bunnell, a former DHS general counsel and senior intelligence adviser
who handled voting fraud prosecutions during more than a decade at the
Justice Department. “It’s another thing if you’re going after some
cleaning lady who’s been working in the United States for 20 years and
taking care of her 80-year-old mother and taking her little kids to
church.”
Matt Rota for ProPublica
“The Swiss Army Knife of Federal Law Enforcement”
Trump’s enlistment of HSI in his election fight is no accident. Cobbled together in the aftermath of 9/11, the agency
has 7,100 armed, highly trained agents and another 800 criminal
analysts, as well as access to troves of confidential data about
hundreds of millions of Americans.
Though part of Immigration and Customs Enforcement, the agency has
historically stayed out of immigration cases. During the first Trump
administration, leaders of 19 HSI regional offices — virtually its
entire top field hierarchy — signed a letter calling for HSI to become a standalone agency,
arguing that ICE’s deportation work dissuaded people from cooperating
with its investigations. But when Trump returned to the White House, it
swiftly became clear that the agency would play a central role in
investigations related to the president’s twin obsessions, illegal
immigration and noncitizen voting.
Trump picked his field general for repurposing HSI even before taking
the oath of office. In December 2024, he named Anthony Salisbury, a
50-year-old career agent who’d run the agency’s Miami office, as a deputy homeland security adviser, reporting to White House policy chief Stephen Miller. He was also given a dual appointment as head of HSI.
Salisbury was colorful: A mixed martial arts enthusiast, he once
appeared at the agency’s headquarters with his face bruised and eye
blackened from a recent bout. He’d sometimes entertain colleagues by
pulling out a bridge that covers his missing front teeth.
To agency veterans, however, he was forever linked to a 2011 operation he’d overseen in Mexico in which one agent was killed and another wounded in a highway ambush by a drug cartel. An agency review
submitted to Trump in April 2020 concluded that errors by HSI
supervisors, including Salisbury, contributed to the outcome; it urged
the administration to consider disciplinary action. None was taken
against Salisbury, however.
Salisbury did not respond to requests for comment from ProPublica. A
White House official called him “a critical member of the Trump
administration” who was “cleared” in every review of the Mexico incident
and was subsequently “promoted six times under multiple
administrations.”
“It’s
one thing if you’re going after Pablo Escobar. It’s another thing if
you’re going after some cleaning lady who’s been working in the United
States for 20 years and taking care of her 80-year-old mother and taking
her little kids to church.”
Steve Bunnell, a former DHS general counsel and senior intelligence adviser
Once elevated to his new posts, Salisbury took charge of carrying out
the second Trump administration’s agenda for HSI, personally issuing
staffing directives, reassignments and promotions, current and former
agency officials told ProPublica. (A number of them spoke on condition
of anonymity out of fear of retribution.)
Starting in early 2025, Salisbury oversaw the unprecedented reassignment of more than 6,000 agents to immigration enforcement, diverting most of the agency from its normal duties.
He then also pointed HSI at noncitizen voting, presiding over multiple
meetings with officials at DOJ and Homeland Security focused on election
fraud, according to emails reviewed by ProPublica and agency
supervisors who worked with him.
“Stephen Miller has an HSI deputy for a reason,” said Eric Balliet, a
high-level HSI manager who retired in 2024 after 23 years with the
agency. (Like many HSI veterans, Balliet has remained in close contact
with former colleagues.) “Salisbury is going to salute and execute, and
he is going to make sure that from the HSI side, they fall in line, and
there’s going to be no resistance or pushback. HSI has been turned into
the Swiss Army knife of federal law enforcement.”
In early July 2025, Frank Quiñones, an HSI special agent who’d worked
under Salisbury in Florida, approached leaders at the HSI Innovation
Lab with an idea for using the agency’s technology to find noncitizen
voters on state voter rolls, sources at the agency told ProPublica.
Quiñones had been transferred to Washington to oversee a unit that had
previously handled cases involving the theft of government benefits but
that had been enlisted into voting investigations.
The lab, housed in an unmarked office in a D.C. suburb, had access to
the government’s most sensitive databases, from suspicious activity
reports to arrest records. Staffed by a combination of HSI experts and
outside consultants, it developed software tools to comb the data for
information that could help agents pursue criminal suspects.
Quiñones was a true believer in Trump’s claims about election fraud: In multiple Facebookpostsandreposts,
ProPublica found, he promoted claims that the 2020 presidential vote
had been stolen. At a meeting with the Innovation Lab’s overseers,
according to sources who worked in the lab, he pitched using the lab’s
technology to identify illegal voters — even though the agency lacked
voter rolls that included identifiers such as partial Social Security
numbers. (Quiñones did not respond to ProPublica requests for comment.)
For proof of concept, Quiñones proposed using a February 2021 public
voter list he’d obtained for New Jersey and running it through HSI’s
databases. The lab staff viewed his idea as “a little insane,” one
recalled — both unreliable and improper. Since the public rolls don’t
include voters’ unique identifiers,
people at the lab also knew linking them to HSI’s data would produce
mismatches — what the staffer called an “ungodly” number of false positives.
The lab team also worried about violating longstanding safeguards
limiting use of private citizen data. They “didn’t want to touch this,”
the staffer added. Quiñones defended his idea, repeatedly declaring:
“The president wants this!”
Tom Hodge, an HSI data analyst at the meeting, proposed running the
voter information through the Athena Toolbox, an analytical platform
developed by the Sandia National Laboratories that had access to all of
HSI’s databases. (Hodge did not respond to ProPublica requests for
comment. Sandia referred ProPublica’s questions to the facilities’
parent agencies, including the Department of Energy, which did not
respond to our requests.)
Hodge and the Sandia team spent the next six weeks on the project,
reporting they’d found large numbers of noncitizens on Quiñones’ 2021
New Jersey list. According to one former HSI official, they said they’d
found “5,000 high-confidence illegal voters” in just a single New Jersey
county. (Officials at the New Jersey secretary of state’s office, which
oversees the state’s voter rolls, declined to comment on the claim.
Beth Thompson, head of a group for local New Jersey election officials,
called the number impossibly high, even accounting for the mistake
disclosed by the state.)
The apparent breakthrough couldn’t have come at a better time.
The Trump administration’s other efforts to identify noncitizens on state voter rolls were running into a variety of roadblocks.
The administration had hoped to persuade states to check their
voters’ citizenship status using a system called the Systematic Alien
Verification for Entitlements, or SAVE, but many didn’t. Most states
also refused the Justice Department’s demands to turn over their
unredacted voter rolls, including partial Social Security numbers, which
thwarted the agency’s plan to run them through SAVE. Courts have
stymied the DOJ’s attempts to sue for the records, citing the
Constitution, which gives primary control over elections to the states.
In an Aug. 21 email to a half dozen administration officials,
Quiñones touted the solution he’d brought to the HSI Innovation Lab:
using HSI’s platform to search voter rolls. The results, Quiñones noted,
could fuel both criminal and immigration investigations.
By the end of the month, those in top election-related roles at DHS
and the Justice Department were actively promoting what they dubbed the
“HSI Tool” as a preferred alternative to SAVE, according to people
familiar with the matter. Among them was Heather Honey, the prominent election denier appointed as a senior counselor at DHS, who is helping lead the government’s efforts to identify noncitizens on voter rolls.
(Honey did not respond to ProPublica’s requests for comment. In an
email responding to questions to her, DHS said Honey’s “expertise in
election administration” was “invaluable to the Department’s efforts to
protect critical infrastructure.”)
The White House, too, got behind the idea. In a November email, J.
Brian Sikma, special assistant to the president, excitedly noted that
the New Jersey trial cross-checking voter rolls with DHS data appeared
to have identified a “very significant number” of “potential
non-citizens.” (Sikma didn’t respond to a request for comment.)
The DOJ, Sikma reported, had already obtained public voter rolls for
many other states. He included a list of them, adding: “It is of
paramount importance that these also be reviewed expeditiously.”
Matt Rota for ProPublica
Running “Roughshod” Over Privacy
As the push to use HSI’s tech to search voter information gained momentum, a new problem emerged.
Career attorneys at the Justice Department, including specialists on
privacy law, raised concerns that transferring voter rolls wholesale
from the agency to DHS might not be legal, according to internal emails
reviewed by ProPublica and interviews with several former officials.
The voter rolls the DOJ had collected contained sensitive information
on millions of Americans. Even the public versions, which political
parties and candidates routinely obtain to target ads and messages,
included voters’ addresses, birth dates and party affiliations. For the 16 states
that have agreed to share their unredacted voter lists, the DOJ had
citizens’ partial Social Security numbers or driver’s license
information, too.
Federal laws, particularly the Privacy Act,
dictate what data government agencies can collect, what it can be used
for, how it can be shared, and how it must be protected. Agencies have
to disclose their plans in advance, gathering public comment. A person’s
information can’t be released or shared without their consent, subject
to limited exceptions.
From the outset, the Trump administration’s effort to combine data across federal agencies has repeatedly drawn criticism
from courts and whistleblowers for failing to adhere to restrictions
meant to keep data private and secure. In June, for example, a judge prohibited the government from using SAVE
for mass searches, ruling the administration had violated federal
privacy laws by giving DHS access to Social Security data to enhance the
tool. The administration has appealed that ruling.
In July 2025, as word got around that the DOJ might hand over voter
data to DHS, a half dozen career attorneys who had been reassigned into
the voting section voiced their unease to supervisors, according to two
former DOJ lawyers. Their concerns were disregarded, prompting most to
resign.
Instead, the DOJ’s office of legal counsel pushed forward with plans
to share the public voter rolls, claiming a Privacy Act exception
allowed HSI to receive such data without public notice as long as it was
for law enforcement purposes. DHS just needed to submit a letter
officially requesting the data for those purposes, an attorney in the
legal counsel’s office explained, according to internal emails.
But this exception was meant to be used to get information on
individual criminal suspects, not to gain mass access to data on people
suspected of no wrongdoing, according to Nikhel Sus, chief counsel for
Citizens for Responsibility and Ethics in Washington, which has sued the
Trump administration on behalf of voter and pro-privacy groups, filing
the case that eventually limited SAVE’s use.
“[Anthony]
Salisbury is going to salute and execute, and he is going to make sure
that from the HSI side, they fall in line, and there’s going to be no
resistance or pushback. HSI has been turned into the Swiss Army knife of
federal law enforcement.”
Eric Balliet, a former high-level HSI manager
Peter Winn, a 29-year Justice Department veteran who had served as
the agency’s acting privacy chief for nearly a decade, drafted a letter
to set out the data-sharing agreement between the DOJ and DHS, according
to internal documents reviewed by ProPublica.
In a Feb. 12 email to two top DOJ officials, he said he’d rewritten
an initial draft memo to “make the information sharing arrangement far
easier to defend, if and when it is challenged in court.”
Rather than simply handing over the voter rolls, Winn proposed having
DHS request “pertinent and relevant” information about specific people
from the DOJ, then having technical staff at Justice and Homeland
Security “coordinate” to fulfill the requests.
“Having slept on it,” Winn wrote, “I ended up deciding that our
initial idea of sending a huge amount of raw unprocessed voter
registration data to DHS, involved taking far too much unnecessary legal
risk, given that 99% of the data would implicate the privacy and civil
liberties of United States Citizens, and would risk adding to the false
narrative in the establishment press of DOJ and DHS being unconcerned
with the privacy and civil liberties of Americans.”
Winn attached his proposed letter, to be signed by Todd Lyons, then the acting director of ICE.
Winn’s suggested restrictions were quickly abandoned, however. A
second draft of the letter, dated March 4, contained altered language
providing that the voter information would be “transferred” to HSI, with
one exception: Voters’ party affiliation would be redacted, if
possible, it said.
The final letter, signed by Lyons and sent to the DOJ just two days
later, abandoned even that limitation. Just three paragraphs long, it
permitted HSI to use the voter rolls to pursue any “appropriate
investigation of potential violations of federal election law.”
In response to questions from ProPublica, Winn said “I can’t really comment on internal drafts of correspondence.”
A Justice Department spokesperson defended the government’s actions,
saying “no one should oppose intergovernmental data sharing and
coordination that enable swift investigations and prosecution of illegal
alien voting.” DHS echoed the DOJ’s view, calling such information
sharing “essential to protecting America’s election process by keeping
noncitizens off voter rolls” and “an easy step to secure our elections.”
Sus said that by pooling voters’ sensitive personal identifiers,
along with their party and voting histories, the administration has “run
roughshod” over privacy laws and is creating a “1984-style database”
that could be used to surveil political participation.
Balliet, the former HSI agent, expressed similar concerns, saying
that handing over voter rolls to run through DHS’ systems amounted to “a
mass data-collection effort by the government against its own citizens
in a non-criminal setting.” On a practical level, he added, the data
sharing increased the risk of breaches that can open law-abiding
citizens up to identity theft.
“As a citizen, I want the government to take seriously the protection
of my private data,” he said. “If it falls into the wrong hands, it’s
not the government that suffers. It’s me.”
Matt Rota for ProPublica
Collapsing Claims
By January 2026, scores of HSI agents were fanning out across the
country to investigate thousands of leads about illegal voting.
About 25,000 of them involved people SAVE had identified as potential
noncitizens on state voter rolls. Another 15,000 were given to HSI’s
cross-border financial crimes unit, which was told to prioritize them
over money laundering and fraud cases, a former high-level HSI official
said. Quiñones’ unit led a separate effort to find additional cases by
reviewing whether people who’d recently become citizens had voted before
they were naturalized, then lied about it in naturalization interviews.
Still more leads came from running public voter rolls through the HSI
lab’s databases, though it’s not clear how many. Agency sources told
ProPublica that the rolls of New Jersey and Pennsylvania were searched
using the Athena Toolbox. When DHS announced it had found more than
250,000 noncitizens on the registered voter lists of four Democrat-led
states, it said that included “as many as” 35,152 in New Jersey and
14,576 in Pennsylvania. Both states have asked DHS to provide the source
of the numbers.
Once federal investigators started digging into these cases, however, they often fell apart.
Through May, prosecutors had charged fewer than four dozen people
with crimes related to noncitizen voting, ProPublica’s analysis of DOJ
data and federal court filings shows, getting convictions or guilty
pleas in 14 cases.
The largest cluster of cases was brought in the Southern District of
Florida, headed by Jason Reding Quiñones (no relation to the HSI agent),
a staunch Trump ally
who has led investigations of the president’s political opponents.
Voters have been sentenced in eight of the office’s cases; seven others
are pending.
Prosecutors have initiated a total of seven noncitizen voting cases
as of May in the four states where DHS claimed to have found more than a
quarter million noncitizens on the rolls. Collectively, these states
have more than 40 million registered voters.
Overall, the paltry numbers reflect the realities HSI investigators
confronted on the ground as they tried to convert leads into cases, a
ProPublica review of records obtained by voting-advocacy groups Campaign
Legal Center and Democracy Forward shows.
Emails between agents and local election officials in Texas and Ohio
indicate much of the federal information on purported noncitizens was
inaccurate, the consequence of flawed data matching. When agents
demanded voting histories and registration forms, they often discovered
people weren’t registered in the counties where HSI thought they were.
When voters register, they must attest that they are U.S. citizens;
agents found some, however, who’d been put on voter rolls in error after
disclosing they weren’t citizens. Many had never voted.
“Our
initial idea of sending a huge amount of raw unprocessed voter
registration data to DHS, involved taking far too much unnecessary legal
risk, given that 99% of the data would implicate the privacy and civil
liberties of United States Citizens.”
Peter Winn, a Justice Department veteran, in an email urging limits on data sharing that were not adopted
Most HSI agents, steeped in pursuing complex international crimes,
had no experience in pursuing voting fraud. In his email to Nick Davis
at the Justice Department, Teirab, the top deputy in Minnesota’s U.S.
attorney’s office, described the chaos that ensued when the state and at
least six counties got subpoenas for voters’ records. The demands
“presented a host of issues,” Teirab wrote to Davis. (Davis did not
respond to a request for comment.)
“An unknown number of agents are constantly arriving in Minnesota
without any knowledge of the investigation, the issues already discussed
and decided, and the processes they need to follow,” Teirab complained.
“Instead of getting up to speed and learning, they have demanded many
calls and subpoenas, most of which demonstrate a complete lack of
understanding of the investigation.”
In Stearns County in central Minnesota, HSI agents subpoenaed voting
histories on 13 people, county officials told ProPublica. Only six
turned out to live there.
Minnesota Secretary of State Steve Simon, a Democrat, said the effort
revealed federal investigators’ ignorance about “the nuance of
elections administration.” The rate of purposeful election crime is
“microscopic,” he said. “The very human errors that can happen are not
some sort of plot or scheme to dirty up the voting rolls, but are just
everyday human beings making mistakes, not intending at all to violate
any law.”
As of May, only one illegal voting case has been referred for
prosecution in Minnesota. The state has more than 3.8 million registered
voters.
Even Republican-led states like Ohio, which has shared its unredacted
voter rolls with the DOJ and run them through the SAVE system, have
struggled to meet Trump administration demands to deliver cases.
In October, the Ohio secretary of state referred more than 1,000
voters identified as possible noncitizens to the federal government,
claiming 167 had voted at least once since 2018. At least nine HSI
agents in Cincinnati and Cleveland began to investigate, emails obtained
by Campaign Legal Center and shared with ProPublica show.
The agents bombarded local election officials with requests for
voting histories and other records, some dating back decades. “Sorry
again for piecemealing these to you,” one agent wrote to an official in
Butler County, outside Cincinnati, after making five separate requests
over two weeks. Mohamed Al-Hamdani, a Democratic member of Montgomery
County’s Board of Elections, which received similar inquiries, said they
amounted to “witch hunts” that ate up staff time.
In February, Davis sent an email pressing Ohio’s two U.S. attorneys’
offices for an “election integrity” update, asking: “How close are we to
complaints/indictments, how many subjects, what issues you’ve run into,
how many referrals have been closed and why, how helpful HSI has been.”
As of May, just two voting cases had been referred for prosecution in
Ohio and no one had been charged, federal data shows. The state has
nearly 8 million voters.
Now, however, U.S. attorneys’ offices are taking a different
approach, pursuing prosecutions that could result in prison terms or
deportation.
In May 2025, federal prosecutors in Florida filed illegal voting
charges against a mother and daughter, both Ukrainian citizens, who’d
registered after becoming permanent U.S. residents, then voted in the
2024 presidential election. They’ve pleaded not guilty, with the mother
saying in an interview with investigators that she thought having a
green card meant she could vote. They and their attorneys didn’t respond
to requests for comment from ProPublica. The prosecutor handling the
case for the Southern District of Florida also didn’t respond to
questions. The mother and daughter are scheduled to go to trial in
September.
Matt Rota for ProPublica
“Far-Reaching Consequences”
Experts on both elections and national security warn there may be
profound longer-term costs to unleashing the federal government’s
investigative and prosecutorial might to try to prove the president’s
claims about noncitizen voting.
Current and former HSI agents say critical investigations — including
task forces aimed at drug rings, human trafficking and money laundering
— have languished as the agency has pivoted to take on noncitizen
voting and immigration enforcement.
In February 2026, according to court files and emails reviewed by
ProPublica, an HSI agent in Ohio who’d been leading a multistate child
sex abuse investigation was abruptly assigned to pursue dozens of leads
on suspected noncitizen voters, work that took months. It wasn’t until
May that he made an arrest in the other case. Prosecutors have filed
child exploitation and pornography charges against the man, 38, in
connection with acts involving at least five 14-year-old girls.
Cases like this “don’t just stop,” said Balliet, the 23-year HSI
veteran. “When you pull people off them for an extended period of time,
those criminal networks will adapt, and people get killed and
kidnapped.”
Federal data hints at a broader slowdown in what had been HSI’s most urgent work. According to an annual government report,
the number of wiretaps obtained by DHS — often to investigate drug
trafficking — plummeted to 23 in 2025, from 133 the previous year. In
the report, DHS attributed the decline to several factors, including
“changes in administration enforcement and prosecutorial priorities.”
“It’s never been a better time to be involved in transnational
organized crime,” said John Tobon, a high-ranking HSI official who
retired in early 2025.
“The
very human errors that can happen are not some sort of plot or scheme
to dirty up the voting rolls, but are just everyday human beings making
mistakes, not intending at all to violate any law.”
Minnesota Secretary of State Steve Simon
In its statement, DHS denied HSI has neglected its core mission,
saying the agency has increased its efforts to combat criminal cartels,
gangs and drug traffickers in response to multiple Trump executive
orders.
Though HSI’s voting-related investigations have yielded only a small
number of prosecutions, voter advocacy groups worry the Trump
administration will use them to justify more extreme interventions.
“Those concerns are playing out in real time, with far-reaching
consequences,” said Dax Goldstein, a director at the States United
Democracy Center, a nonprofit group that works to build confidence in
elections. “When federal agencies are misused and weaponized, people
lose trust in government itself.”
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