A federal appeals court panel on Monday rejected an emergency request from the Justice Department (DOJ) to immediately order California to segregate approximately 20,000 mail-in ballots. The Trump administration claims these ballots were sent to individuals who are likely non-citizens.

The 9th Circuit Court of Appeals ruled 2-1 that the court lacked jurisdiction at this stage of the litigation, effectively sending the matter back to the district court. A hearing on the DOJ's lawsuit is already scheduled for Tuesday afternoon in the lower court.

Circuit Judges Mark Bennett and Gabriel Sanchez, appointed by Presidents Donald Trump and Joe Biden respectively, formed the majority against the DOJ's request. Circuit Judge Patrick Bumatay, also a Trump appointee, dissented. In their ruling, Bennett and Sanchez stated that the "United States’s claimed emergency, at least in part, is a self-constructed one." They pointed to the DOJ's own delays in filing the lawsuit, in recognizing California's existing laws for ballot processing, and in communicating its desired relief.

The DOJ had sued California earlier this month, alleging the state failed to adequately review a list provided by the Trump administration. This list, the administration claimed, identified individuals who had received mail-in ballots for the upcoming midterm election despite allegedly being non-citizens.

Officials in Los Angeles, in court filings last week, presented preliminary findings from a review of 200 names on the 20,000-person list. Their analysis indicated a significant percentage of individuals identified as U.S. born, suggesting they are citizens. Furthermore, a substantial portion of the records showed no voting history.

During a rare Sunday emergency hearing, the DOJ's attempt to secure a swift ruling from the appeals court faced considerable skepticism. Judge Bennett repeatedly questioned the court's jurisdiction to intervene so early in the case and raised constitutional concerns about the lawsuit itself. He pressed the DOJ attorney on the timeline for seeking an emergency appeal, especially with a district court hearing already scheduled.

The Justice Department's action highlights ongoing tensions surrounding election integrity and voter rolls. The administration's focus on alleged non-citizen voting raises questions about the accuracy of state voter registration databases and the processes in place to verify citizenship.

This legal battle underscores the complexities of managing voter registration and ballot distribution in a large state like California, which processes millions of ballots during election cycles. The appeals court's decision means the immediate issue of segregating ballots will be addressed by the district court on Tuesday, delaying any definitive action on the DOJ's core claims.