You’ve probably seen the headlines or heard the heated dinner table debates. It’s a question that gets people fired up: can an illegal immigrant vote? Honestly, the answer depends entirely on which ballot box we are talking about and which city you happen to be standing in.
Federal law is crystal clear, but local ordinances have started carving out their own paths. This isn't just a "yes" or "no" situation anymore. It is a complex web of 1990s-era statutes, brand-new 2024 ballot measures, and rare municipal experiments.
The Federal Hard Line: 18 U.S.C. 611
Let's get the big one out of the way. If we are talking about the President, the Vice President, or any member of Congress, the answer is a hard no.
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) shut that door tight. Specifically, under 18 U.S.C. 611, it is a federal crime for any non-citizen to vote in a federal election. This isn't just a suggestion. It carries real weight. We're talking up to a year in federal prison and massive fines.
But for an undocumented person, the jail time isn't even the biggest risk.
The real "gotcha" is deportation. Simply registering to vote—even if you never actually cast a ballot—can trigger a permanent bar from ever becoming a U.S. citizen. Most immigration attorneys will tell you it's the fastest way to ruin a green card application.
Why the Law Exists
Back in 1996, President Bill Clinton signed this into law to "tighten" up immigration enforcement. Before this, the rules were a bit more scattered across different state codes. Now, there is a uniform federal standard.
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There are very, very narrow exceptions. For instance, if someone’s parents were citizens, they lived here before age 16, and they honestly believed they were a citizen, they might avoid prosecution. But for the vast majority? It's a total ban.
Can An Illegal Immigrant Vote in Local Elections?
This is where the nuance kicks in. While federal law covers federal seats, it doesn't actually stop cities or states from making their own rules for local offices like school boards or city councils.
As of early 2026, a small but notable group of jurisdictions allow non-citizens—including, in some cases, those without legal status—to vote for local positions.
- Washington, D.C.: The D.C. Council passed the Noncitizen Vote Act, which allows residents to vote in local elections regardless of their immigration status, provided they've lived there for 30 days.
- Maryland: This state is the outlier. Towns like Barnesville, Cheverly, and Hyattsville have allowed this for a while. Their city charters basically say if you live here and pay taxes here, you can vote for the mayor.
- California: San Francisco and Oakland have pushed for non-citizen voting in school board elections. The logic? If your kid goes to the school, you should have a say in who runs it.
The Backlash is Real
Not everyone is on board with this. In fact, most of the country is moving in the opposite direction. In late 2024 and throughout 2025, we saw a massive wave of state constitutional amendments.
Voters in states like Texas, Iowa, and Kentucky recently passed measures to change their state constitutions. They are changing the language from "every citizen" can vote to "only citizens" can vote. It’s a subtle shift in wording that carries a lot of legal weight. It's meant to preemptively stop any city from trying what D.C. did.
How the System Catches Ineligible Voters
Some people think it's as easy as walking up and asking for a ballot. It’s not.
Every state requires you to attest to your citizenship under penalty of perjury. That’s a felony if you lie. But the checks go deeper than just a signature.
States now use the SAVE (Systematic Alien Verification for Entitlements) database. This is a DHS-run system that lets election officials check a person's immigration status against federal records. In 2025, this system was optimized to make it easier for local clerks to run bulk checks.
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If you provide a Social Security number or a Driver's License number, the state cross-references that with the DMV. Since many states now offer "Driver's Licenses for All" regardless of status, the DMV records often have a "non-citizen" flag that alerts the election board.
The Arizona Model
Arizona is the "tough guy" here. They have a unique "bifurcated" system. If you want to vote in state elections, you must provide documentary proof of citizenship (like a birth certificate or passport). If you don't have it, but you use the federal registration form, you can only vote for federal offices.
Wait—didn't I say non-citizens can't vote in federal elections?
Exactly. The Arizona system assumes that anyone using the federal form is a citizen by "attestation" only. It’s a weird legal loophole that keeps the courts busy. But it shows how much effort goes into keeping the rolls restricted.
Misconceptions vs. Reality
A common myth is that "millions" of illegal immigrants are voting.
Data doesn't really back that up. Most audits—even those run by conservative-led states like Georgia—find very few instances. For example, a 2022 Georgia audit found about 1,600 non-citizens tried to register over a 25-year period.
Every single one of them was caught and blocked before they could vote.
The stakes are just too high for the individual. If you are undocumented, the last thing you want is your name, address, and a "confession" of illegal activity (voting) on a public government document. It’s like calling ICE on yourself.
What This Means for 2026 and Beyond
We are likely to see more "Only Citizen" amendments on the ballots this year. The political divide is widening. On one side, you have cities arguing for "taxation with representation." On the other, you have states doubling down on the idea that voting is the ultimate privilege of citizenship.
If you're wondering what the practical takeaway is, here it is:
- Check your local charter. If you live in a place like Takoma Park, Maryland, the rules for your mayor might be different than the rules for your Congressman.
- Verify your registration status. If you’ve recently naturalized, make sure your DMV records reflect your new status. If the DMV still thinks you're a Green Card holder, you might get flagged by a SAVE audit.
- Understand the risk. For anyone without a U.S. passport, casting a ballot in a federal election is a "one-way ticket" out of the country if caught.
The legal landscape is shifting fast. If you're involved in voter registration or are a non-citizen resident, the safest bet is to consult with a local election board or an immigration attorney before touching a voter registration form. The "honest mistake" defense rarely works in immigration court.
Actionable Next Steps:
- Search the SAVE database guidelines for your specific state to see how they verify citizenship.
- Download your state’s voter registration form to see the exact language regarding the "penalty of perjury" attestation.
- Consult the 18 U.S.C. 611 statute if you are an advocate working with immigrant communities to ensure you aren't providing incorrect legal advice.