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Perplexity ChatGPT Claude Gemini

With Election Day Near, Immigration Lawyers Warn: A Voter Registration You Never Wanted Can Still Cost You

Perplexity ChatGPT Claude Gemini
With Election Day Near, Immigration Lawyers Warn: A Voter Registration You Never Wanted Can Still Cost You

With Election Day on November 3, immigration lawyers are giving an unusual warning to people who cannot vote at all: check whether you are on the voter rolls anyway. Murthy Law Firm says that appearing on a voter roll does not establish eligibility to vote. It adds that voting when prohibited, or falsely claiming citizenship to register, can lead to removal proceedings. The advice arrives amid a sweeping federal push to find noncitizens on the rolls, and amid evidence that the tools used to find them often misfire. Here, our EB-1A consultants have brought an important legal reminder to all legal immigrants ahead of the election.

Two separate offenses

Federal immigration law makes a noncitizen deportable for voting in violation of a federal, state or local restriction. A separate provision covers false claims to U.S. citizenship, including one made to register. No criminal conviction is needed for the government to issue a Notice to Appear (NTA). An NTA lists the government’s charges and does not prove them. The firm says it recently reviewed an NTA alleging both offenses, and it stresses that these are allegations, not findings by an immigration judge.

The criminal exposure differs. Kathleen Campbell Walker of the American Immigration Lawyers Association (AILA) writes that a noncitizen who votes in a federal election commits a federal misdemeanor under 18 U.S.C. §611, punishable by up to one year in prison. A false citizenship claim made to register or vote is a felony carrying up to five years. She adds that removal is a civil proceeding without a criminal defendant’s protections, and that a false claim to citizenship generally cannot be waived.

The July ruling and its importance

In July, the Board of Immigration Appeals decided the matter of Lopez Rico. The respondent became a lawful permanent resident in 2001 and voted in the 2012 presidential election in Stanislaus County, California. The Board dismissed his appeal. It reaffirmed that a person who votes unlawfully is removable even if he did not know the act was illegal. That principle comes from the Board’s 2015 decision in Matter of Fitzpatrick.

How an accidental registration happens

Murthy notes that in many states, registration is offered during a driver’s license or ID application. A noncitizen may later find a registration they never intended. An erroneous registration does not automatically show the person claimed citizenship, but it can prompt close scrutiny of what they signed or checked. USCIS guidance puts the burden on the noncitizen to show the form did not ask about citizenship, or that they did not claim it.

Walker points to automatic voter registration. Illinois acknowledged a programming error that registered hundreds of people who had identified themselves as noncitizens at the counter. The agency’s position has shifted too. A 2021 USCIS guidance said it “will not penalize an applicant who unknowingly or unwilfully registers to vote.” A 2025 update says knowingly unlawful registration can count against “good moral character.”

An enforcement surge

The stakes are rising. On October 19, the four California U.S. Attorney’s Offices announced “Operation Protect the Vote,” charging 28 lawful permanent residents with election-related crimes. Weeks earlier, the Justice Department charged 16 people in seven states. Those are accusations, and each defendant is presumed innocent.

Behind the cases is a large data operation. Records show Homeland Security reviewed tens of millions of voter records and distributed more than 1,500 leads from immigration records to field offices. By late May, Homeland Security Investigations had opened roughly 418 voter-fraud cases and made 64 administrative arrests. In letters to four states, DHS described thousands of potential matches but called its findings a preliminary review. DHS General Counsel James Percival said illegal voting “must have consequences.”

What the studies show

Much of the screening relies on SAVE, a USCIS database built to verify benefit eligibility. According to Walker, its results have been shaky. Texas screened about 18 million voters, flagged 2,724 as potential noncitizens, and then found 578 were citizens. Utah narrowed its list to 8,836 “potential noncitizens” and confirmed just one, who had never voted. Nationally, about 49.5 million registrations were checked and roughly 10,000 cases were referred for further inspection. The New York Times reported in January that results showed no evidence of widespread fraud.

State reviews point the same way. Michigan found 16 credible cases of noncitizen voting among 5.7 million votes in 2024. A Center for Election Innovation & Research report concluded that most allegations stem from “misunderstandings, mischaracterizations, or outright fabrications” of complex voter data. Iowa confirmed 35 noncitizens voted in 2024 out of over 1.6 million ballots. Pennsylvania’s Secretary of State Al Schmidt called noncitizen voting “extremely rare.”

The picture is not zero. Texas Secretary of State Jane Nelson referred 33 potential noncitizens who voted in 2024 to the attorney general. Iowa’s audit found 277 confirmed noncitizens registered. Utah’s counts have ranged from one to 27 confirmed noncitizens among more than two million voters, depending on the review stage.

The Courts weigh in

The legal fight is unresolved. The Supreme Court in September allowed expanded SAVE use to continue while litigation proceeds. On October 21, Judge Araceli Martínez-Olguín granted a preliminary injunction against parts of DHS’s “Unlawful Voter Initiative” in California Nurses Ass’n v. Mullin, with the order stayed until October 23. A day earlier, Democratic party committees and leaders sued in DSCC v. Trump. Neither side’s claims have been finally decided.

What to do now

Murthy’s guidance is practical. Check your status through your state election office, using USAGov’s lookup guidance. If a registration appears in error, contact the office to correct or cancel it and keep copies of every document. Never vote just because a voter card or mailing arrived. Walker adds that noncitizens should decline registration at the DMV, read every prompt before signing, and consult an immigration attorney before responding to any registration notice.

At GCEB1, our EB-1A experts are tracking all developments in the US immigration landscape and bringing the best advice to the aspirants and candidates. Get in touch with us if you are looking for personalized mentorship into the merit based immigration pathways.

Frequently asked questions

1. Does being on a voter roll mean I’m eligible to vote?

No. Murthy stresses that appearing on a roll does not establish eligibility.

2. Can lawful permanent residents vote in federal elections?

Generally no. Voting in a federal election as a noncitizen is a federal misdemeanor and a deportable offense.

3. What is the difference between unlawful voting and a false citizenship claim?

They are separate grounds. One concerns casting a ballot while ineligible. The other concerns claiming citizenship, for example on a registration form. A false claim generally cannot be waived.

4. Do I need a criminal conviction to be placed in removal proceedings?

No. An NTA can be issued without a conviction, but it is only an allegation.

5. What if I didn’t know I was registered or couldn’t vote?

Lack of knowledge may matter for the false-claim ground. Under Lopez Rico and Fitzpatrick, however, it does not excuse unlawful voting itself.

6. How can I check my registration?

Use your state election office’s lookup, which USAGov explains. If you find an error, ask the office how to cancel it and keep copies of everything.

7. Can I vote in local elections?

A few local jurisdictions let certain noncitizens vote in specific local contests. That never extends to federal or other elections.

8. Are the government’s noncitizen-voter lists reliable?

Not entirely. Texas, Utah and Missouri found significant errors, including flagged U.S. citizens.

9. Should I talk to the authorities or file immigration papers before getting advice?

No. Seek individualized advice from an experienced immigration attorney first.

Sources & further readings

 

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