ICE arrests noncitizen accused of voting in seven federal elections since 2008
Key Takeaways
- DHS says ICE arrested a noncitizen with a criminal record who allegedly voted in seven federal elections since 2008.
- Federal law prohibits noncitizen voting in federal races; violations can trigger criminal penalties and deportation.
- The case underscores immigration risks tied to voter registration and citizenship attestation on election forms.
- Some localities permit noncitizen voting in limited local elections, but the federal ban remains absolute.
What DHS says happened
The U.S. Department of Homeland Security (DHS) announced that U.S. Immigration and Customs Enforcement (ICE) arrested a noncitizen with prior criminal history who allegedly cast ballots in seven federal elections dating back to 2008. Federal officials framed the arrest as an election-integrity enforcement action. Specifics about the individual’s identity, nationality, and the jurisdictions where the votes were cast were not detailed in the announcement. The allegation has not been adjudicated, and no conviction has been reported.
The law and potential penalties
Under 18 U.S.C. § 611, it is unlawful for noncitizens to vote in elections for President, Vice President, U.S. Senate, or U.S. House of Representatives. Violations can carry fines and up to one year in federal prison. Separately, immigration law provides severe civil consequences: INA § 237(a)(6) makes a noncitizen deportable for unlawful voting, and false claims to U.S. citizenship on registration or voting forms can trigger permanent inadmissibility under INA § 212(a)(6)(C)(ii), with narrow exceptions. While some U.S. municipalities allow noncitizen voting in specific local contests, that authorization does not extend to federal elections and does not permit attesting to U.S. citizenship.
What this means for immigrants right now
For green card holders, temporary visa holders, and undocumented individuals, the message is stark: do not register or vote in federal elections unless you are a U.S. citizen. Even inadvertent registration—such as through motor-vehicle (“motor voter”) transactions—can carry immigration risks if it involves a citizenship attestation or leads to a ballot being cast. If you discover you are mistakenly registered, promptly correcting the record with local election officials and seeking qualified legal advice can be critical. Documented cases of noncitizen voting remain uncommon, but when they arise, they can lead to arrest, prosecution, and removal proceedings.
Source: Original Article