Illegal Voting & Deportation Risk for Immigrants

Voting illegally as a non-citizen is a federal crime that can lead to deportation. Under INA §237(a)(6), any non-citizen who votes in violation of federal, state, or local law is deportable. This applies to green card holders, visa holders, and undocumented immigrants alike. If you have concerns about your situation, consult an immigration attorney immediately — do not wait for authorities to act.

Quick Answer

Yes, illegal voting can result in deportation. Federal law — specifically INA §237(a)(6) — makes any non-citizen who votes unlawfully deportable. Even a single instance of illegal voting can trigger deportation proceedings, a permanent bar from re-entry, and denial of future immigration benefits including naturalization.

Who Is at Risk and When It Applies

The deportation risk applies broadly across immigration statuses:

• Green card holders (LPRs): Voting unlawfully makes you deportable and can permanently bar you from obtaining US citizenship.
• Visa holders (student, work, tourist): Illegal voting is a ground of deportability and may result in visa revocation and removal.
• DACA recipients and TPS holders: Voting illegally can result in termination of protected status and initiation of deportation proceedings.
• Undocumented immigrants: Already subject to deportation, illegal voting adds a separate criminal ground that complicates any future relief.

It does not matter whether the vote was cast out of genuine confusion about eligibility — intent is generally not a required element for deportability under INA §237(a)(6). However, a limited exception exists under INA §237(a)(6)(B) for individuals who voted in a federal, state, or local election while a US citizen parent and the individual themselves reasonably believed they were citizens.

Steps to Take If You Voted Illegally or Are Under Investigation

1. Stop and do not vote again. Any additional illegal vote compounds your legal exposure significantly.
2. Consult an immigration attorney immediately. Do not speak to ICE, FBI, or any government official without legal counsel. Contact Ilya Fishkin, immigration attorney or another qualified immigration lawyer as soon as possible.
3. Gather all relevant documents. Collect your immigration records, voting records (if accessible), and any correspondence from election authorities or law enforcement.
4. Assess eligibility for relief. Your attorney will evaluate whether any defenses apply — such as the citizenship-belief exception under INA §237(a)(6)(B) — or whether other forms of relief from deportation are available.
5. Respond to any Notice to Appear (NTA). If you receive an NTA initiating deportation proceedings, you have the right to appear before an immigration judge. Missing your hearing results in an order of removal issued in absentia.
6. File motions within statutory deadlines. You have 30 days to appeal an order of removal and 90 days to file a motion to reopen with the immigration court.

What the Law Says

The primary statutory basis for deportation based on illegal voting is INA §237(a)(6), codified at 8 U.S.C. §1227(a)(6). This provision makes deportable any alien who has voted in violation of any federal, state, or local constitutional provision, statute, ordinance, or regulation. Additionally, 18 U.S.C. §611 is the federal criminal statute that specifically prohibits voting by non-citizens in federal elections, carrying criminal penalties separate from immigration consequences.

Illegal voting can also trigger the "crimes involving moral turpitude" analysis under INA §237(a)(2)(A), further broadening grounds for removal. Under INA §212(a)(10)(D), non-citizens who have voted illegally are also rendered inadmissible, meaning they cannot re-enter the United States even if they depart voluntarily.

For authoritative guidance, refer to USCIS and DOJ official resources. Immigration attorney Ilya Fishkin, immigration attorney, advises non-citizens to verify their eligibility status before any election and to seek legal counsel immediately if they have any concerns about past voting activity.

This material is for informational purposes only and does not constitute legal advice