28 Green Card Holders Charged With Illegal Voting in California
What if you accidentally registered to vote as a green card holder — and federal prosecutors are now coming after people who did exactly that? The U.S. Department of Justice charged 28 lawful permanent residents (LPRs) in California with election crimes, including fraudulent voter registration and making false statements in naturalization applications. Eleven have already been arrested, and each charge carries up to five years in prison.
What if the deadline has already passed — and you registered to vote before realizing you weren't allowed to? That question is now urgent for green card holders across California. The Department of Justice announced Monday that 28 lawful permanent residents (LPRs) — people with legal status in the U.S. but not U.S. citizens — face federal felony charges for allegedly registering to vote and, in 21 of those cases, actually casting ballots. Eleven defendants were taken into custody on the day of the announcement, with more arrests ongoing.
What the charges mean for green card holders
The charges include making false statements in a naturalization application (Form N-400, the application to become a U.S. citizen) and fraudulently signing up to vote. Both are felonies. Each charge can carry up to five years in federal prison. For a green card holder, a felony conviction can also trigger removal proceedings — meaning you could lose your permanent resident status and face deportation. Prosecutors say the defendants lied under oath on voter registration forms, which adds another layer of legal exposure.
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The DOJ said it has now filed charges against 112 people across 20 states in recent weeks for similar alleged offenses. The California cases are part of a broader federal push that also includes a DOJ lawsuit against California over a list of more than 20,000 people the federal government identified as likely noncitizens who received mail ballots. California's Secretary of State Shirley Weber called the federal demands "outrageous" and said DHS originally claimed 190,000 registered voters "may be" noncitizens — a number later revised down to 20,000. Acting U.S. Deputy Attorney General Trent McCotter acknowledged the government's list may include actual citizens, saying: "There may be some names on there who, it turns out, ultimately are citizens. We're not perfect." In Nevada, state officials said DHS wrongly flagged 185 people as noncitizens last month.
What to do
- Check your voter registration status immediately. If you are a green card holder and you are registered to vote — even if you never cast a ballot — contact an immigration attorney before taking any other step. Canceling a registration without legal guidance could still create a record that prosecutors use.
- Do not file Form N-400 (the naturalization application) without legal review if you have any voter registration history. The application asks directly whether you have ever registered to vote or voted in a U.S. election. Answering incorrectly — in either direction — can be used against you.
- If you receive any contact from federal law enforcement or prosecutors, do not answer questions without an attorney present. You have the right to remain silent and the right to legal representation.
- If you believe you were wrongly identified as a noncitizen voter, gather documents proving your citizenship or LPR status — passport, green card, naturalization certificate — and consult an immigration lawyer immediately.
What to do, step by step — see our guide “EB-2 NIW: National Interest Waiver”.
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A voter registration on your record as a green card holder can be used against you in both criminal proceedings and in your naturalization case — USCIS will ask about it directly on Form N-400, and a false answer is itself a federal crime. If you registered to vote by mistake, the safest path is to consult an immigration attorney before you cancel the registration, file any application, or speak with any federal official. An attorney can help you assess your exposure and, in some cases, document that the registration was an honest error — which may matter significantly in how prosecutors or USCIS treat your case.
Frequently Asked Questions
Can a green card holder lose their permanent resident status for registering to vote?
Yes. Fraudulent voter registration is a federal felony. A conviction can trigger removal proceedings, which means you could lose your green card and face deportation. Even without a conviction, a finding of fraud or misrepresentation can affect your immigration status.
What if I registered to vote by accident — for example, at the DMV — and never actually voted?
Accidental registration is a real issue that has affected many green card holders, especially through automatic voter registration programs. However, the DOJ is currently prosecuting people for registration alone, not just for casting ballots. Do not try to fix this on your own — talk to an immigration attorney first.
Will this affect my naturalization application (Form N-400)?
Almost certainly yes. Form N-400 asks whether you have ever registered to vote or voted in a U.S. election. If you have, you must disclose it. Failing to disclose it is a separate federal crime. An attorney can help you answer accurately and explain the circumstances.
How do I know if my name is on the DOJ's list of alleged noncitizen voters?
There is no public way to check the DOJ's list. If you receive any official notice, letter, or visit from federal law enforcement, do not respond without an attorney. Gather documents that prove your immigration status — your green card, passport, and any other official records — and contact an immigration lawyer immediately.