With federal primaries and general elections coming in the fall, this is a good time to remind our community of the immigration consequences of registering to vote and voting in federal elections for noncitizens.
This Administration has put a target on noncitizen voters through media releases and internal memos and policies. The Department of Homeland Security (DHS) General Counsel recently directed its Office of the Principal Legal Advisor (OPLA) to remove noncitizens who illegally vote or make a false claim to U.S. citizenship. Immigration judges are fast-tracking unlawful voting cases, with directives that these cases be completed from initial master calendar hearing to final decision in six months or less.
Recent media coverage illustrates how the Administration has amplified sporadic allegations of unlawful voting by noncitizens in ways that reinforce a punitive and incomplete narrative, with limited attention to the legal, factual, and procedural nuances that may be present in individual cases.
What the Law Says
Registering to vote and voting in federal, state, county, or certain other elections in violation of the law carries numerous serious immigration consequences:
- Unlawful voting is a ground of removability under INA § 237(a)(6)(A).
- Unlawful voting is also a ground of inadmissibility under INA § 212(a)(10)(D)(i).
- There is no waiver of inadmissibility available for unlawful voting.
- Unless the individual is a lawful permanent resident who is eligible for cancellation of removal for certain permanent residents, relief from removal is extremely limited.
- For nonpermanent residents, unlawful voting is a serious negative factor in the good moral character analysis and serves as a bar to adjustment of status, since no waiver exists.
Why This Matters Now
Because immigration judges are being directed to resolve these cases on an expedited timeline, individuals facing allegations of unlawful voting have less time than usual to build a defense, gather evidence, and explore any limited forms of relief that may be available. Given the severity and limited waivability of these consequences, it is critical for noncitizens to understand voter eligibility rules before registering or casting a ballot in any election.
What You Can Do
If you are not a U.S. citizen, do not register to vote or vote in federal elections. If you have questions about your eligibility to vote, or if you have concerns about a prior voter registration or vote, consult with a qualified immigration professional before taking any further action.
If you have questions about how this may affect your immigration case, contact our office at 713-532-0110 or visit us at ayoublaw.com.