Illegal immigrant who voted in 5 presidential elections could face 5 years in prison - Univision
Key Takeaways
- Univision reports an undocumented immigrant allegedly cast ballots in five U.S. presidential elections.
- Federal election-fraud charges can carry penalties of up to five years in prison.
- Noncitizen voting in federal elections is illegal under U.S. law; making a false claim to U.S. citizenship is a separate, deportable offense with lifetime immigration consequences.
- Conviction can trigger removal (deportation) and permanently bar naturalization or future visas/green cards.
- Even lawful permanent residents (green card holders) cannot vote in federal elections; limited local exceptions do not apply to presidential races.
Allegations and potential charges
It has been reported that an undocumented immigrant allegedly voted in five U.S. presidential elections, and could face up to five years in prison, according to Univision. While specific charging documents were not immediately available, federal prosecutors in such cases often rely on statutes that criminalize submitting false information to register or vote and unlawful voting by noncitizens in federal elections. The five-year figure aligns with penalties found in federal election-fraud provisions that carry felony exposure.
What the law says
Federal law prohibits noncitizens from voting in federal elections (president, Congress). Violations may be prosecuted under 18 U.S.C. § 611 (unlawful voting by noncitizens, typically a misdemeanor) and, in more serious scenarios, under felony provisions such as 52 U.S.C. § 20511 or 52 U.S.C. § 10307 for fraud related to voter registration or voting, which can carry sentences of up to five years. Separately, a false claim to U.S. citizenship—often implicated when someone registers or votes as a “citizen”—is a distinct federal crime (18 U.S.C. § 911) and a severe immigration violation. Under the Immigration and Nationality Act (INA), a false claim to citizenship (INA § 212(a)(6)(C)(ii), § 237(a)(3)(D)) and unlawful voting (INA § 237(a)(6)) can make a noncitizen inadmissible or deportable, with limited, narrow exceptions.
Why this matters for immigrants
For immigrants—including green card holders—the stakes are high. A criminal conviction for unlawful voting or related fraud can lead to detention, deportation, and a permanent bar to naturalization or future immigration benefits. USCIS (U.S. Citizenship and Immigration Services) and immigration courts treat voting violations and false claims to citizenship as among the most serious bars, often without discretionary relief. Practical takeaway: do not register or vote unless you are a U.S. citizen. Be cautious during DMV transactions that offer voter registration under the “motor voter” system; if you are not a citizen, decline and verify your status on any form. If you believe you were mistakenly registered or voted, speak with an experienced immigration and criminal defense attorney before contacting election officials.
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