DHS Directs ICE to Pursue Deportation for Non-Citizens Voting in U.S. Elections

The U.S. Department of Homeland Security (DHS) has issued a directive instructing U.S. Immigration and Customs Enforcement (ICE) to pursue deportation for non-citizens who illegally vote in American elections. This action stems from a directive by DHS General Counsel James Percival, who emphasized that the Immigration and Nationality Act mandates the removal of individuals who unlawfully cast ballots or falsely claim U.S. citizenship, a practice often intertwined with illegal voting. The directive clarifies that even non-citizens lawfully present in the United States are subject to removal if they participate in elections without authorization, and a criminal conviction is not a prerequisite for such enforcement.

“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,’” said DHS General Counsel James Percival. “Illegal voting by aliens dilutes the votes of American citizens and undermines our democracy. It must have consequences.”

The directive aims to reinforce policies designed to safeguard election integrity, aligning with actions previously initiated under Executive Order 14248, “Preserving and Protecting the Integrity of American Elections.” This executive order, signed in March 2025, outlined a comprehensive federal strategy to enhance voter eligibility verification, manage grant administration, facilitate information sharing, enforce election laws, improve voting systems, and pursue criminal prosecutions for unlawful voting by non-citizens. The underlying principle is that free, fair, and honest elections are fundamental to the constitutional republic, and illegal voting by non-citizens dilutes the votes of eligible citizens and undermines democratic processes.

The Immigration and Nationality Act contains provisions allowing for the removal of non-citizens who engage in illegal voting or make false claims to citizenship. These provisions can be invoked irrespective of whether the individual is legally present in the United States, and do not require a criminal conviction. DHS views such actions as a direct threat to the democratic process, asserting that every vote cast by an ineligible individual dilutes the voting power of U.S. citizens and compromises the legitimacy of election outcomes. The enforcement of these provisions is seen as a critical step in ensuring that only eligible citizens participate in shaping the nation’s governance.

The Heritage Foundation has documented approximately 100 cases of non-citizens voting in U.S. elections since 2000. One such instance occurred in Baltimore County, Maryland, in 2023, where a non-citizen was charged with fraudulent voting and false voter registration. This individual had voted in multiple elections after registering by falsely claiming U.S. citizenship.

Article by Ken Buckler, based upon information from the U.S. Department of Homeland Security

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