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ICE Arrests Cuban National for Unlawful Voting in PA

What if you voted in a U.S. election without realizing non-citizens are barred from doing so? Federal agents arrested Osmal Sanchez Loy, a 70-year-old Cuban national in Pennsylvania, on October 23, 2026, on one count of voting by an alien — allegedly for casting a ballot in the 2024 general election. He has a final order of removal and now faces federal prosecution.

October 30, 2026·2 min read
ICE Arrests Cuban National for Unlawful Voting in PA

What happened in Philadelphia

HSI (Homeland Security Investigations) agents from the Allentown office arrested Loy on October 23, 2026. The U.S. Attorney's Office for the Eastern District of Pennsylvania accepted the case for prosecution. HSI Special Agent in Charge Nathan Abel stated: "Protecting our electoral integrity remains a top priority. We will continue working with our partners to hold violators accountable."

Loy's immigration history made the arrest more serious. He was convicted of a dangerous drugs charge in 1987 and receiving stolen property in 1991. He never adjusted his immigration status — meaning he never applied to become a lawful permanent resident (green card holder). An immigration judge issued a final order of removal against him in April 2009. That order was never carried out, but it remained active.

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Why this matters for other non-citizens

This case is a sharp reminder: voting in a U.S. federal election as a non-citizen is a federal crime. It does not matter how long you have lived in the United States or whether you believed you were eligible. Even a single vote can trigger criminal charges and activate an existing removal order. Non-citizens — including green card holders and visa holders — are not allowed to vote in federal elections. Only U.S. citizens may do so.

Loy's case also shows how past criminal convictions follow a person through the immigration system. Convictions for drug offenses and crimes involving moral turpitude (a legal term for crimes considered dishonest or harmful to society, such as theft) can permanently bar someone from getting a green card or other immigration benefits. In Loy's situation, those convictions from the 1980s and 1990s remained part of his record decades later.

What to do if you are a non-citizen unsure of your status

  • Do not register to vote or vote in any federal, state, or local election unless you are a confirmed U.S. citizen. Check your naturalization certificate (Form N-550) or U.S. passport if you are unsure of your citizenship status.
  • If you have a final order of removal (sometimes called an "order of deportation") and you are still in the United States, speak with an immigration lawyer immediately. That order can be enforced at any time — especially if you come to law enforcement's attention.
  • If ICE contacts you or comes to your home, you have the right to remain silent and the right to speak with an attorney before answering questions. Do not sign any documents without legal advice.
  • If you have old criminal convictions and have never checked how they affect your immigration status, ask an immigration attorney for a review. Convictions from decades ago can still block a green card or trigger removal.

A full breakdown of this topic — in our guide “Your Rights During an ICE Encounter”.

Attorney's Advice on This Topic
Илья Фишкин — иммиграционный адвокат
Ilya Fishkin

Immigration attorney, 20+ years of experience

Fishkin Law Firm, New York

A final order of removal does not expire — it can be enforced years or even decades after it was issued, as this case shows. If you have such an order, an immigration attorney can review whether you qualify for a motion to reopen (generally a 90-day deadline, though exceptions apply) or a stay of removal. Past drug convictions and crimes involving moral turpitude are particularly damaging to any future immigration application, so a full criminal-immigration record review is essential before you file anything. Consult a licensed immigration attorney before taking any steps.

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Frequently Asked Questions

Can a non-citizen vote in U.S. elections?

No. Only U.S. citizens may vote in federal, state, and most local elections. Green card holders, visa holders, and undocumented immigrants are all prohibited. Voting as a non-citizen is a federal crime and can lead to deportation.

What happens if ICE finds out I have a final order of removal?

ICE can arrest and deport you at any time. A final order of removal does not expire. If you have one, speak with an immigration attorney right away about options such as a motion to reopen your case or a stay of removal (Form I-246, Stay of Deportation).

Can old criminal convictions affect my immigration case today?

Yes. Convictions for drug offenses or crimes involving moral turpitude — even from decades ago — can permanently bar you from getting a green card or other immigration benefits and can be used as grounds for removal.

What are my rights if ICE arrests me?

You have the right to remain silent. You have the right to speak with an attorney. Do not answer questions or sign documents without legal advice. You can ask to contact your country's consulate. An immigration attorney can request a bond hearing before an immigration judge.

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