Illegal Voting Charge: What It Means for Immigrants
Gaye Tyndale-Simpson, a Jamaican national living in New Jersey, pleaded guilty in October 2026 to voting illegally in the 2024 U.S. presidential election — a federal crime that carries up to six months in prison and can trigger deportation for any non-citizen. The case, prosecuted by the U.S. Attorney's Office's Election Integrity Task Force, is a warning: voting while ineligible can end your path to a green card or citizenship.
You have lived in the US for years, maybe even decades. You registered to vote somewhere along the way — perhaps by mistake, perhaps because someone told you it was allowed. Now federal agents are at your door. That is exactly the situation Gaye Tyndale-Simpson, a 55-year-old Jamaican national living in New Jersey, found herself in after voting in the November 2024 presidential election.
In October 2026, Tyndale-Simpson pleaded guilty to one count of voting by an alien in a federal election before U.S. Magistrate Rukhsanah L. Singh in federal court in Trenton, New Jersey. U.S. Attorney Robert Frazer for the District of New Jersey announced the plea. Tyndale-Simpson is a citizen of Jamaica and has never held U.S. citizenship. The case was investigated by the FBI, Homeland Security Investigations (HSI), the U.S. Department of State's Diplomatic Security Service, and USCIS — all working under the U.S. Attorney's Office's Election Integrity Task Force.
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The charge carries a maximum penalty of six months in prison and a $100,000 fine. Sentencing is scheduled for February 24, 2027. But the criminal penalty is only part of the picture. For any non-citizen, a guilty plea to this charge can also trigger removal proceedings — the formal legal process that can end in deportation. It can permanently bar someone from obtaining a green card or U.S. citizenship. Immigration lawyers warn that even a minor criminal conviction can have life-changing immigration consequences that go far beyond the sentence a judge hands down.
Why This Matters for Non-Citizens
Federal law makes it a crime for any non-citizen — including green card holders (lawful permanent residents) and people on work or student visas — to vote in a federal election. Many immigrants do not realize this. Some are registered to vote through automatic voter registration systems or were incorrectly told they were eligible. The law does not require intent to commit fraud: voting while ineligible is enough for a criminal charge. A conviction can be treated as a deportable offense and can permanently affect your ability to apply for a green card, naturalization (the process of becoming a U.S. citizen), or any other immigration benefit.
What to Do
- If you are not a U.S. citizen, do not vote in any federal, state, or local election — even if you are a green card holder or have a work permit (EAD). Only U.S. citizens may vote in federal elections.
- If you are already registered to vote and are not a citizen, contact your state's election office to remove your name from the voter rolls. Keep a written record of that request.
- If you have already voted in a past election and are not a citizen, speak with an immigration lawyer before taking any other steps. Do not contact federal agencies on your own — anything you say can be used against you in both criminal and immigration court.
- If you are in removal proceedings or facing a criminal charge related to voting, ask your attorney specifically how a plea or conviction will affect your green card application, naturalization process, or current visa status.
A full breakdown of this topic — in our guide “Immigration Court Rulings”.
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A guilty plea to voting by an alien is not a minor matter — immigration courts treat it as a serious offense that can trigger mandatory removal proceedings and permanently bar adjustment of status (applying for a green card from inside the US). If you are a green card holder or visa holder who has ever voted, even unknowingly, you should consult an immigration attorney before your next interaction with USCIS or any federal agency, because disclosing this on a naturalization application (Form N-400) without legal guidance can accelerate removal. Do not wait until charges are filed — early legal advice is the only way to protect your options.
Frequently Asked Questions
Can a green card holder vote in U.S. elections?
No. Only U.S. citizens may vote in federal elections. Green card holders (lawful permanent residents), visa holders, and people with work permits (EAD) are all prohibited from voting. Doing so is a federal crime and can lead to deportation and loss of your green card.
What happens to my immigration case if I am convicted of illegal voting?
A conviction can make you deportable and permanently bar you from obtaining a green card or becoming a U.S. citizen. Immigration courts treat this as a serious offense. The criminal sentence (up to six months in prison) is separate from the immigration consequences, which can be far more severe.
What if I voted by mistake or was told I was allowed to?
Federal law does not require prosecutors to prove you intended to commit fraud. Voting while ineligible is enough for a charge. If you believe you voted by mistake, speak with an immigration lawyer before contacting any government agency. Your attorney can help you understand your options and risks.
If I am registered to vote but have not voted, am I in danger?
Being registered to vote as a non-citizen can raise questions during a green card or naturalization application. Lawyers generally recommend removing your name from the voter rolls in writing and keeping a record of that request. Consult an immigration attorney about how to handle this on any future immigration forms.