U.S. law makes it an immigration and criminal violation for non-U.S. citizens to vote in Federal, State, or local elections that require U.S. citizenship. A non-citizen who votes violates these laws and becomes inadmissible and deportable from the U.S.
Exception For Lawful Permanent Residents. (Green Card holders)
There is an exemption from deportation and criminal prosecution. Certain non-U.S. citizens who mistakenly believe they are U.S. citizens and vote or register to vote in the United States are subject to this rule.
This exception applies to lawful permanent residents who:
1.They must have resided in the United States before the age of 16.
2. Have parents who are U.S. citizens.
3.Reasonably believed, at the time of such voting violation, that they were a citizen.
To determine if a violation of Federal, State, or local election law has occurred and its immigration consequences, you must first review the relevant laws to confirm the violation.
Authorities can only find a non-U.S. citizen to have voted unlawfully if the relevant Federal, State, or local election laws deem their conduct unlawful. The act of voting, alone, is not sufficient to establish that a non-U.S. Citizen has voted unlawfully.
The election laws governing voting and voter eligibility vary by location and state.Where the election law penalizes the actual act of voting, the fact that a non-U.S. citizen has actually voted is sufficient to establish that they have voted unlawfully. Investigators must first confirm whether the individual acted “knowingly” or “willfully.” If election law requires such proof, they must also ensure that a non-U.S. citizen acted knowingly or willfully before finding them guilty of unlawful voting.
Where there is no violation of election laws, there can be no immigration consequence of unlawful voting.
Criminal Penalties for Unlawful Voting.
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The Department of Homeland Security (DHS) states that a criminal conviction for unlawful voting is not required to support a deportation charge under U.S. immigration law. A non-U.S. citizen who unlawfully votes, even without a conviction, may still face deportation. Deportation charges can be upheld by simply proving that the non-U.S. citizen violated the relevant election law.
Unlawful voting under Federal or State laws is grounds for inadmissibility and deportation. Non-U.S. citizens must understand that voting can harm their chances of getting immigration benefits in the U.S.
