Update: Immigrants and the Dangerous Voter Registration Trap

By:  Richard Hanus, Esq.

June 18, 2025

Foreign nationals continue to come to my office and share their stories of being registered to vote and even voting after being given the mistaken sense that their action was lawful.   Unfortunately, as many folks have come to learn, registering to vote (while claiming to be a U.S. citizen) or voting as a non-U.S. citizen is prohibited under law and can present fatal consequences for one’s U.S. immigration status.  Below are some important tips, including defenses, for those facing this complicated immigration scenario in today’s uncertain environment.

First, for those foreign nationals who accidentally registered to vote or voted in a state or federal election and are now considering applying for permanent resident status (Green Card), or for U.S. citizenship (Naturalization), my simple guidance: DON’T…..or at least think twice before proceeding.  The current administration will not be forgiving or inclined to exercise favorable discretion in any way in reviewing a foreign national’s I-485 Application for Adjustment of Status, or N-400 Application for Naturalization.  Of course, this could change at some point in the future, with either a shift in policy by the current administration or during some new, future administration.  For now, though, it’s best to exercise extreme caution.

Any act of registration or voting will almost assuredly be seen as involving a “false claim to U.S. citizenship” and/or “unlawful voting”, and notwithstanding an applicant’s claim they were prompted toward such illegal activity by some government official invitation or even guidance.   Applicants having their I-485 or N-400 applications denied on account of either of those legal bases will in all likelihood face having to defend themselves in removal proceedings.

For non-citizens who have already applied for citizenship or lawful permanent resident status and are now facing immigration consequences, such as a denied application or the threat of removal proceedings, keep in mind the following key points in formulating a possible defense:

1. Noncitizens who find themselves having to figure out how they mistakenly became registered to vote, are not always subject to having their applications denied or being deported. i.e. not all cases of noncitizen voter registration necessarily involve the prohibited act of a “false claim to U.S. citizenship”.   I have seen many occasions where a noncitizen is innocently registered to vote and without unequivocally claiming to be a U.S. citizen.  In fact, quite the opposite is often the case, where a foreign national will show evidence of their noncitizen status, or unequivocally announce they are not a U.S. citizen, but are nevertheless pushed through the voter registration process and through no fault of their own.  Difficulties often arise, however, when a foreign national is left to explain how their signature appears beneath or near a bullet point indicating their U.S. citizenship – although it’s quite common for registrants to sign in a digital field and their signature to be imposed near supposed attestations.
2. Noncitizens who end up voting often are lured into the sense that their actions are lawful, especially if they were registered to vote after presenting themselves as a noncitizen, e.g. showing their foreign passport, U.S. green card or visa – and then later are sent a voter registration card and/or are told by a government or election official they are eligible to vote.
3. Noncitizens accused of unlawful voter registration or voting, who are defending themselves in removal proceedings can assert the above arguments in their defense as well as make a case for “cancellation of removal” relief under certain circumstances.   For permanent residents defending in removal proceedings, cancellation of removal relief requirements include proving 5 years of permanent resident status and 7 years total residence, and no criminal convictions for serious criminal activity. Nonpermanent residents seeking “cancellation of removal” relief are required to demonstrate 10 years of residence in the U.S., good moral character and that their deportation would present “extreme and exceptionally usual hardship” for a U.S. citizen or permanent resident spouse, parent or under 21 year old child.

Over the decades, I have seen dozens of versions of the accidental voter registrant or voter among the immigrants who’ve consulted with me.  In many cases I have been able to assist in finding a solution to the legal obstacles presented, including in the precedent setting, now famous, case of Keathley v. Holder 696 F.3d 644 (7th Cir. 2012).  (the case is also the subject of an Off Broadway play and Tribeca Selected Feature Film, “The Courtroom”)

Immigrants facing legal consequences in the above scenarios should know that a legal solution may be available and that a consultation with a competent, experienced immigration attorney might indeed be the best next step.