![handle is hein.crs/goveqqy0001 and id is 1 raw text is: Informing the legislative debate since 1914
September 18, 2024
Immigration Consequences of Unlawful Voting by Aliens
Federal immigration laws provide that aliens who have
illegally voted in the United States may be either denied
admission to or removed from the country. They may also,
depending upon their immigration status, face other adverse
consequences, including being ineligible for certain forms
of relief from removal or other immigration benefits. This
In Focus discusses some of the immigration consequences
an alien may face for unlawful voting. For information
about federal criminal laws prohibiting unlawful voting, see
CRS In Focus IF12742, Federal Criminal Laws Prohibiting
Unlawful Voting.
Relevant Grounds of Inadrnssb ty and
Deportabilty
Aliens who have not been admitted into the United States,
including those found in the country after entering without
inspection, may be denied admission or removed if they are
determined to be inadmissible under 8 U.S.C. § 1182(a).
Aliens who have been admitted into the United States (e.g.,
lawful permanent residents (LPRs)) may be subject to
removal if they are determined to be deportable under 8
U.S.C. § 1227(a). Below are a few of the applicable
grounds under these removal provisions related to voting.
Un awfu Voting
Section 611(a) of Title 18 prohibits any alien to vote in a
federal or mixed election for candidates for the office of
President, Vice President, Presidential elector, Member of
the Senate, Member of the House of Representatives,
Delegate from the District of Columbia, or Resident
Commissioner. A violation of the statute is punishable as a
misdemeanor. The immigration consequences that flow
from violating this statute fall under 8 U.S.C.
§§ 1182(a)(10)(D)(i) and 1227(a)(6)(A). Both statutes state
that an alien who has voted in violation of any Federal,
State, or local constitutional provision, statute, ordinance,
or regulation will be deemed either inadmissible or
deportable and therefore barred from admission or subject
to removal from the United States. Neither statute requires a
criminal conviction to find the alien inadmissible or
deportable.
The Board of Immigration Appeals (BIA) and some courts
as recently as 2021 have held that an alien who voted in
violation of 18 U.S.C. § 611(a) and does not fall within any
statutory exception is either inadmissible or deportable
regardless of whether the alien knew it was unlawful to
vote. This conclusion is based on the fact that courts have
held that Section 611(a) is a general intent crime that
requires only that the [alien] performed the acts that the
law forbids, understanding what he was doing. Courts
have held that, under these circumstances, what is required
is that the alien knew he or she was not a citizen and that
the unlawful act he or she performed was an act of voting.
For example, the Seventh Circuit held that an alien who
voted in a U.S. presidential election violated Section 611(a)
even though he alleged that there was no proof that he knew
it was unlawful for him to vote. The court explained that
Section 611(a) does not contain the word 'intentionally' or
the slippery word 'willfully,' which sometimes requires
proof of knowledge about the law's commands.
For aliens voting in state and local elections, the BIA and
courts have generally determined that removability under
either provision requires proof similar to what is required
for Section 611(a). In one case, however, the Ninth Circuit
held that an alien accused of voting in violation of state law
was not deportable under Section 1227(a)(6)(A) because
the court interpreted the state law as requiring proof that a
voter knew he or she could not vote, and no such evidence
was presented in that case.
Sections 1182 and 1227 provide an exception for an alien
who unlawfully voted in either a federal, state, or local
election (including an initiative, recall, or referendum).
Both provisions do not apply if (1) each natural or adoptive
parent of the alien is or was a U.S. citizen (whether by birth
or naturalization), (2) the alien permanently resided in the
United States before the age of sixteen, and (3) the alien
reasonably believed at the time of voting that he or she was
a U.S. citizen. The statute that criminalizes aliens voting in
federal elections has a similar exception.
False Claims to U.S. Citizenship
In addition to unlawful voting, an alien who falsely claims
to be a U.S. citizen in order to vote (e.g., in a voter
registration application) may be subject to certain grounds
of inadmissibility or deportability. Under 8 U.S.C.
§§ 1182(a)(6)(C)(ii)(I) and 1227(a)(3)(D)(i), an alien who
falsely claims to be a U.S. citizen for any purpose or
benefit under the Immigration and Nationality Act or any
other federal or state law may be deemed either
inadmissible or deportable. The statutes have similar
exceptions as found under unlawful voting, whereas, under
these statutes, the alien must have reasonably believed at
the time of making such representation that he or she was a
citizen. The statute that criminalizes making false
representations of U.S. citizenship either to register to vote
or to vote in any election (18 U.S.C. § 1015(f)) has a
similar exception. The criminal statutes that prohibit falsely
and willfully representing oneself as a citizen (18 U.S.C.
§ 911) or making such false representations to obtain a
benefit (e.g., 18 U.S.C. § 1015(e)) do not have an
exception.
Based on BIA precedent, an alien who falsely claims U.S.
citizenship in order to vote is inadmissible or deportable so](ViewImageLocal?handle=hein.crs/goveqqy0001&div=1&collection=&method=preview&ext=.png&size=3)
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