DHS Directs ICE to Deport Noncitizens Who Illegally Vote in US Elections

Noncitizens who illegally vote in U.S. elections will face deportation, among other stricter penalties, according to new guidance from the Department of Homeland Security.

The general counsel for the Department of Homeland Security, James Percival, directed the leadership of Immigration and Customs Enforcement to enforce the stricter penalties against noncitizens who vote.

Percival’s letter cites an executive order on election integrity signed by President Donald Trump in March 2025, calling for actions across federal agencies to secure the vote.

Percival also referenced the Immigration and Nationality Act, which directs the removal of aliens who illegally vote or make a false claim to U.S. citizenship.

“The importance of free, fair, and honest elections is without question. Echoing the words of President Trump, ‘the right of American citizens to have their votes properly counted and tabulated, without illegal dilution, is vital to determining the rightful winner of an election,’” Percival said in a public statement about the policy.

“Illegal voting by aliens dilutes the votes of American citizens and undermines our democracy. It must have consequences,” Percival added.

The department notes that this could allow for the removal of immigrants legally in the United States who are not citizens but illegally cast ballots in federal elections.

In March 2025, Trump signed an executive order titled, “Preserving and Protecting the Integrity of American Elections,” which calls for federal agencies to act on verifying voter eligibility, election grant administration to state and local governments, information-sharing, enforcement of federal election laws, and criminal prosecution of unlawful voting.

Congress in 1996 passed a law making it illegal for noncitizens to vote. Still, jurisdictions in California, Maryland, Vermont, and the District of Columbia allow noncitizens to vote in municipal races for offices such as mayor, city council, or school board.

In May, the Justice Department announced four separate criminal complaints against noncitizens for allegedly illegally voting in federal elections in New Jersey. The four allegedly falsely certified that they were U.S. citizens on their voter registration forms. The agency’s criminal complaint alleged that the defendants cast at least one vote in federal elections from 2020 to 2024 before applying to become U.S. citizens. Also, this month, a Canadian citizen living in North Carolina was sentenced to two months in prison for voting in federal elections.

Meanwhile, officials in the states of Michigan, Nevada, Utah, Montana, and Kansas have flagged noncitizens on the voter rolls, including some who actually cast ballots.

A 2014 study by professors from Old Dominion University and George Mason University estimated that about 6.4% of noncitizens voted in the 2008 presidential election, while 2.2% voted in the 2010 midterm election.

The new Department of Homeland Security directive comes as Congress continues to debate the SAVE America Act, which would require proof of citizenship to register to vote.