According to the Pew Research Center, a record 47.8 million immigrants are living in the United States, of which nearly 25 million are not U.S. citizens. Noncitizen growth has accelerated under the Biden-Harris administration’s open border policy, with 2024 projections adding another two million noncitizens. With a critical general election looming around the corner, what is the truth behind noncitizen voting? Are noncitizens actually voting in federal elections to the extent they can affect the outcome? Can you tell which two of the following statements about noncitizen voting are true, and which one is false?
A. It is illegal for noncitizens to vote in U.S. federal elections, including elections for the U.S. House, U.S. Senate and presidential elections.
B. Noncitizens are explicitly allowed to vote in local elections in some municipalities.
C. The U.S. currently has citizenship documentation requirements for individuals to register to vote.
Let’s take these statements one at a time:
A. Truth! It is illegal for noncitizens to vote in U.S. federal elections, including elections for the U.S. House, U.S. Senate and presidential elections.
States have barred noncitizens from voting in federal elections since 1924. In 1996, the U.S. Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) , prohibiting noncitizens from voting in federal elections, and going beyond the existing state prohibitions by criminalizing noncitizen voting. Illegally voting in a federal election can result in fines, up to one year in prison, and may also result in deportation or denial of future immigration status.
Despite laws on the books prohibiting voting by noncitizens, there is evidence that noncitizens have registered and voted in American elections. A recent study states 10% to 27% of noncitizen adults in the U.S. are illegally registered to vote, and in presidential election cycles, roughly half of noncitizens who are registered turn-out to vote. This means about 5% to 13% will illegally vote in the 2024 elections. According to the latest data from the U.S. Census, there are 19.7 million voting age noncitizens in the U.S. These figures equate to anywhere from 1 million to 2.7 million noncitizens possibly voting in 2024, having the potential to overturn the will of the American people in key elections. Several states, in efforts to combat voter fraud, have uncovered and removed thousands of noncitizens on their voter rolls over the past two years, including Texas (6,500); Virginia (6,303); Alabama (3,251); Georgia (1,634); Oregon (1,259) and Ohio (597). Although the numbers may seem small in comparison to the 161 million registered voters in the U.S., states and the federal government must protect their citizens from noncitizen interference in the election process.
Democrat lawmakers deny the reality of noncitizen voting, by painting the issue as a conspiracy theory or racism. This false rhetoric compromises the integrity of U.S. elections.
B. Truth! Noncitizens are explicitly allowed to vote in local elections in some municipalities.
The IIRAIRA did not explicitly prohibit noncitizens from voting in state or local elections. This has invited some cities to broaden voter eligibility, unless limited by their state constitutions. At least 16 municipalities permit noncitizens to vote in local elections, some of which are subject to legal challenge.
Washington, D.C. recently enacted a law that took effect this year removing the citizenship requirement for voting in all non-federal elections. Noncitizens that have resided in D.C. for at least 30 days are eligible to vote in local elections, including for all local officials, initiatives, referendums, recalls and charter amendment measures.
C. Lie! The U.S. currently has citizenship documentation requirements for individuals to register to vote.
The National Voter Registration Act of 1993 (NVRA) does not require proof of U.S. citizenship when registering to vote. The NVRA requires states to use a common voter registration form that includes a provision for applicants under penalty of perjury to check a box “yes” or “no” whether they are U.S. Citizens. There is no state or national database to verify the citizenship requirement, therefore, Americans are left to trust the honor system.
The Safeguard American Voter Eligibility Act (SAVE Act), a bill that requires individuals to provide documentary proof of U.S. Citizenship in order to register to vote in federal elections, was recently passed in the House with a bi-partisan vote. The bill, however, faces challenges in the Democrat controlled Senate. Opposition to the SAVE Act is concerning. Defending election integrity should be a priority for all lawmakers.
Bottom line:
Every illegal vote by a noncitizen cancels and voids the vote of an American citizen. Although we may not know the extent to which noncitizens are registering and voting, one instance of illegal voting is sufficient enough to warrant measures that ensure U.S. citizens decide election outcomes.