FAIR Sues D.C. for Failing to Disclose Safeguards Against Illegal Alien Voting
Advances Election Integrity Investigation with Legal Action
WASHINGTON—The Federation for American Immigration Reform (FAIR) has filed a lawsuit against the District of Columbia to compel the release of public records showing whether, and to what extent, it is guarding against voting by illegal aliens. The suit, filed in the Superior Court of the District of Columbia on January 16, stems from the D.C. Department of Motor Vehicles’ (DC DMV) failure to respond to FAIR’s Freedom of Information Act (FOIA) request submitted on November 12, 2025.
This legal action is a direct follow-up to FAIR’s ongoing investigation, launched in November 2025, into jurisdictions with policies that pose a high risk of facilitating voting by illegal aliens. To date, the investigation has focused on states like California, Colorado, the District of Columbia, Hawaii, Nevada, Oregon, Vermont, and Washington—all of which engage in automatic voter registration, universal mail-in voting, and the issuance of driver’s licenses to illegal aliens. FAIR’s investigation seeks to determine whether adequate measures are in place in these jurisdictions to prevent noncitizens from registering to vote, and to ensure compliance with federal laws like the National Voter Registration Act (NVRA) and the REAL ID Act.
FAIR’s FOIA request to the DC DMV specifically sought records, policies, and communications detailing how the agency distinguishes between U.S. citizens and noncitizens during voter registration processes, verifies citizenship status before transmitting data to election officials, and handles data from non-REAL ID-compliant credential holders. Since FAIR submitted its request in early November 2025, the DC DMV has provided no substantive response, determination, or records—an egregious violation of DC FOIA’s mandatory timelines.
“American citizens deserve confidence that their elections are secure and free from interference by those who are not eligible to vote,” said Dale Wilcox, FAIR’s Executive Director and General Counsel. “The District of Columbia’s refusal to provide these basic records raises serious questions about whether safeguards exist to protect election integrity. FAIR is committed to holding governments accountable and ensuring transparency in how voter rolls are managed, especially in jurisdictions with policies that invite abuse.”
“The DC DMV’s stonewalling is unacceptable and undermines public trust in our democratic processes,” added Mateo Forero, FAIR’s Director of Investigations and counsel of record in the case. “Our investigation is about uncovering the truth: Are these agencies doing enough to prevent illegal aliens from voting? By forcing the release of these documents through litigation, we aim to expose any vulnerabilities and push for reforms that prioritize lawful participation in elections.”
The case is FAIR v. District of Columbia, No. 2026-CAB-000351 (D.C. Superior Court).
