You’ve probably heard the shouting matches on the news. Someone claims millions of non-citizens are flooding the polls; someone else says it’s a total myth. It’s loud, it’s messy, and honestly, it’s a bit confusing if you’re just trying to find the actual rules.
Basically, the answer to are immigrants allowed to vote depends entirely on what kind of immigrant you are and what’s on the ballot. If you’re a naturalized citizen, you have the same rights as someone born in Kansas. But if you're a green card holder or on a visa? That’s where things get tricky.
The Federal Hard Line
Let’s be crystal clear about the big stuff. For federal elections—we’re talking President, Senate, and the House of Representatives—non-citizens cannot vote. Period. This isn’t just a "suggestion" or a polite request. It’s a federal crime under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
If a non-citizen casts a ballot in a federal race, they aren't just looking at a slap on the wrist. They’re looking at:
- Up to a year in federal prison.
- Massive fines.
- Deportation.
- A permanent ban on ever becoming a citizen.
For most people living here on a green card, the risk just isn’t worth it. Why would you gamble your entire future in the U.S. for one vote? You wouldn't. That’s why actual data from the Brennan Center for Justice shows that non-citizen voting is "vanishingly rare." In a 2016 study of 42 jurisdictions, they found suspected non-citizen voting accounted for about 0.0001% of the votes.
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Where the Rules Blur: Local Elections
Now, here is where people get tripped up. While the federal government says "no," some local towns and cities have different ideas.
The U.S. Constitution doesn't actually forbid non-citizens from voting; it just says the right of citizens to vote shall not be denied. This leaves a tiny bit of wiggle room for local governments. A few places in the U.S. have decided that if you live in a town, pay local property taxes, and send your kids to the local school, you should have a say in who runs the school board or the city council.
San Francisco is a prime example. Since 2016, they’ve allowed non-citizen parents or guardians of children in the school district to vote in school board elections. It doesn't matter if they are undocumented or have a green card.
Other spots where some form of local voting exists (or has recently existed) include:
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- Washington, D.C.: In 2023, they started allowing non-citizen residents to vote in local elections for mayor and city council.
- Maryland: Several small towns like Takoma Park, Barnesville, and Chevy Chase Section 3 have allowed this for years.
- Vermont: Towns like Montpelier and Winooski have similar local-only rules.
But—and this is a huge "but"—this does not give those people the right to vote for the Governor or the President. In these towns, election officials have to use separate ballots or special systems to make sure a non-citizen doesn't accidentally get a federal ballot.
The 2024-2026 Shift
The landscape is changing fast. In the last year or so, there’s been a massive push to shut these local loopholes down. In the 2024 elections, states like Iowa, Wisconsin, Kentucky, Idaho, South Carolina, Missouri, Oklahoma, and North Carolina all passed ballot measures. These amendments changed state constitutions to say "only" a citizen can vote, rather than "every" citizen.
It’s a tiny language tweak that has a massive legal impact. It basically bans any city in those states from ever trying to follow San Francisco's lead. As we head into 2026, more states like South Dakota, Kansas, and Arkansas have similar measures on the horizon.
The "Accidental" Registration Trap
Sometimes, immigrants end up on voter rolls by total accident. It’s usually because of "Motor Voter" laws. When you go to the DMV to get a driver’s license, the clerk might ask, "Do you want to register to vote?"
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If a non-citizen says "yes" because they’re confused or think they’re supposed to, it creates a huge legal mess later. Even if they never actually cast a ballot, just registering can be seen as a "false claim to citizenship."
If you are a permanent resident applying for naturalization (Form N-400), the government will check this. If they see you registered to vote, they can deny your citizenship and even put you in removal proceedings. It’s harsh, but that’s the reality of the current system.
Practical Next Steps for Immigrants
If you’re living in the U.S. and aren't a citizen yet, here’s how to stay safe:
- Check your registration status. If you think you might have accidentally registered at the DMV, contact your local elections office immediately to have your name removed. Do not wait for them to find it.
- Know your local laws. Unless you are 100% certain you live in a specific municipality that allows non-citizen voting (like Takoma Park, MD), assume you cannot vote.
- Wait for the oath. You aren't eligible for federal or state elections until the very moment you finish your naturalization ceremony and take the Oath of Allegiance.
- Keep your documents. If you are a naturalized citizen, always keep a copy of your Naturalization Certificate. If there’s ever a "purge" of voter rolls based on old DMV data, you’ll need that proof to stay on the rolls.
The debate over are immigrants allowed to vote isn't going away anytime soon, especially with the 2026 midterms approaching. But for now, the law is pretty clear: unless you’re a citizen, stay away from the federal ballot box. It’s just not worth the risk of losing your home.
Actionable Insight: If you are a permanent resident, you can still participate in the political process without voting. You are legally allowed to volunteer for campaigns, attend rallies, and even donate to candidates (as long as you have a valid green card). This is a safe way to have your voice heard while you wait for your citizenship.