The Trump administration sued California election officials Thursday, asking a judge to bar the state from counting mail-in ballots for next month’s midterm elections from people the federal government has identified as “likely” noncitizens until their status can be confirmed.

The lawsuit comes after the Justice Department says California officials failed to meet a 48-hour deadline to review a password-protected thumb drive that contains a list of 20,000 names the federal government believes are likely noncitizens who were sent ballots to participate in the Nov. 3 election. The state mails ballots to all registered voters. A top Justice Department official had sent a letter earlier this week threatening potential legal action if California didn’t comply.

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