Illegal Voting Deportation: Noncitizen Guide

Voting illegally as a noncitizen can lead to deportation, permanent bar from the US, and denial of future immigration benefits. Under INA §237(a)(6), any noncitizen convicted of or who admits to voting in violation of federal, state, or local law is deportable. ICE can initiate removal proceedings, and even a green card holder is not protected. Consult an immigration attorney immediately if you voted in error.

Who Is at Risk of Deportation for Illegal Voting

Federal law makes noncitizen voting in any US election — federal, state, or local — a deportable offense. The following immigration statuses are all at risk:

• Lawful Permanent Residents (green card holders) — a green card does not grant the right to vote and does not shield against deportation for this offense.
• Visa holders — including work, student, and tourist visas.
• DACA recipients and TPS holders — no exemption exists under current law.
• Undocumented immigrants — face both deportation and federal criminal charges.

Importantly, intent does not always matter. A noncitizen who registered or voted believing they were eligible may still face deportation proceedings. The government bears the burden of proving the act, but the consequences can be severe even in disputed cases.

What Laws Apply

Several federal statutes govern this area:

• INA §237(a)(6) — makes any noncitizen who votes in violation of any federal, state, or local law deportable.
• 18 U.S.C. §611 — federal criminal statute prohibiting noncitizen voting in federal elections; conviction can result in up to one year in prison and permanent inadmissibility.
• 18 U.S.C. §1015(f) — criminalizes false claims of citizenship made to register or vote; this carries up to five years in prison.
• INA §212(a)(10)(D) — renders a noncitizen who has voted inadmissible, blocking re-entry and naturalization.

For the full text of applicable statutes, see the Department of Justice. Regulations and enforcement priorities may change; always verify current policy at the official agency website.

Steps to Take If You Are at Risk

If you voted as a noncitizen — whether intentionally or by mistake — take the following steps without delay:

1. Stop all further action. Do not vote again, do not make statements to officials without an attorney present, and do not sign any documents you do not fully understand.
2. Gather all records. Collect your voter registration card, any correspondence from election authorities, your immigration documents, and any evidence showing the vote was made in error (e.g., incorrect voter registration enrollment by a government agency).
3. Consult an immigration attorney immediately. Time is critical. Ilya Fishkin, immigration attorney is experienced in deportation defense and can evaluate your specific situation. Attorney Ilya Fishkin advises noncitizens facing this issue on available legal defenses before any proceedings begin.
4. Assess available defenses. Your attorney may explore: lack of criminal conviction (civil vs. criminal standard), good-faith mistake, insufficient government evidence, or a motion to terminate proceedings.
5. Respond to any Notice to Appear (NTA). If ICE or USCIS issues an NTA initiating deportation proceedings, you must appear in immigration court. Failure to appear results in an order of removal issued in absentia.
6. File motions if applicable. If a removal order has already been issued, your attorney may file a Motion to Reopen within 90 days of the order, or a Notice of Appeal within 30 days. Current filing fees should be verified at uscis.gov.

Effect on Naturalization and Future Immigration Benefits

Beyond deportation, illegal voting carries long-term consequences for any future immigration pathway:

• Naturalization denial — USCIS will deny Form N-400 (Application for Naturalization) if the applicant has a record of illegal voting.
• Permanent inadmissibility — under INA §212(a)(10)(D), a noncitizen who voted unlawfully may be permanently barred from re-entering the United States.
• Green card renewal issues — USCIS may flag illegal voting during any immigration benefit application or background check.
• Visa revocation — the Department of State may revoke an existing visa upon learning of illegal voting.

There is a limited exception under INA §212(a)(10)(D)(ii): a noncitizen whose parents were US citizens, who permanently resided in the US before age 16, and who reasonably believed they were a US citizen at the time of voting may avoid inadmissibility. This exception is narrow and fact-specific — always confirm applicability with a licensed attorney.

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