Accurate as of October 26, 2026
On October 19, 2026, federal prosecutors in California announced charges against 28 lawful permanent residents for voting or registering to vote. According to the announcement as reported by CalMatters, 22 are accused of voting in at least one election, including the June primary, five of registering only, and one of casting a provisional ballot in 2020. Prosecutors said about 113 noncitizens in 20 states have been charged with illegal voting or registration offenses in the past two months.
Election Day is Tuesday, November 3, 2026. A green card holder is not a citizen and cannot vote in a federal election, and the consequences of a single mistaken ballot reach far beyond the criminal case.
Three separate consequences
A federal crime. Under 18 U.S.C. 611, it is unlawful for any noncitizen to vote in an election held "solely or in part" for a federal office, including the House and Senate races on this year's ballot. The penalty is a fine, up to one year in prison, or both. Falsely claiming citizenship to register or vote is a separate crime under 18 U.S.C. 1015(f).
Removal, without a conviction. A noncitizen who has voted in violation of federal, state or local law is deportable under 8 U.S.C. 1227(a)(6) and inadmissible under 8 U.S.C. 1182(a)(10)(D). Neither provision requires a criminal conviction. A false claim to citizenship made to register is its own ground of removal and inadmissibility, and under agency precedent a claim made in order to vote counts even without an intent to deceive.
Naturalization. The Form N-400 asks every applicant whether they have ever registered to vote or voted. Unlawful voting or registration can support a finding that an applicant lacks good moral character, which blocks citizenship and can lead to a referral for removal.
The narrow exception
The criminal statute and the immigration grounds share one exception, and all three conditions must be met: each parent is or was a U.S. citizen, the person permanently lived in the United States before age 16, and the person reasonably believed at the time that they were a citizen. It is written for people who grew up believing they were citizens. It does not cover a permanent resident who knew they were not.
Who should check now
- Permanent residents who were registered automatically or by mistake, for example at a motor vehicle office or through a form that asked about citizenship in fine print. Do not vote. Speak with a lawyer before cancelling a registration, because a cancellation form can itself contain a statement about citizenship.
- People whose naturalization is not finished. You become a citizen when you take the Oath of Allegiance, not when your interview is approved. If your oath ceremony is after November 3, you cannot vote on November 3.
- Children of new citizens. A child who becomes a citizen automatically through a parent's naturalization must meet every requirement of the law, including being a permanent resident in the parent's custody before age 18. A child who assumes they are a citizen without confirming it is exactly the person the exception was written for, and the exception is not easy to prove.
- Anyone who has already voted or registered and is planning to travel, renew a green card or apply for citizenship. Get advice first. These cases can often be handled, but only with a plan.
What to do before November 3
- If you hold a green card, do not vote in any federal election, and do not vote in a state or local election unless a lawyer has confirmed that the specific jurisdiction allows noncitizen voting for that contest.
- Check whether you are registered. Massachusetts and Florida both offer online voter lookups. If you find a registration, call a lawyer before you do anything else.
- Keep proof of citizenship handy if you are a new citizen. Your naturalization certificate or U.S. passport answers any question at the polls or afterward.
- Do not sign anything that says you are a citizen unless you are one.
If you or a family member has registered or voted, or you are unsure whether a child is a citizen, call Samper Law at (781) 321-3700 for a confidential consultation in English, Spanish or Portuguese.
Sources
- 18 U.S.C. 611(a), (b) and (c); 18 U.S.C. 1015(f).
- 8 U.S.C. 1227(a)(6) and 1182(a)(10)(D); 8 U.S.C. 1227(a)(3)(D) and 1182(a)(6)(C)(ii); 8 U.S.C. 1101(f).
- Congressional Research Service, Immigration Consequences of Unlawful Voting by Aliens, IF12767 (Sept. 18, 2024).
- CalMatters, "Federal prosecutors charge 28 California green card holders with voting violations" (Oct. 19, 2026), reporting the U.S. Attorney's announcement.
General information, not legal advice. Reading this article does not create an attorney client relationship.
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