You’ve probably seen the headlines or heard the heated arguments at the dinner table. It’s one of those topics that feels like it’s constantly at a boiling point. Can illegal immigrants vote in the US? Depending on who you ask, you might get two completely different, very confident answers.
The reality is actually pretty straightforward if you look at the law, but it gets messy when you start talking about local versus federal rules. Honestly, it’s one of those things where the fine print matters way more than the soundbites.
The Big Rule: Federal Elections
Let’s get the heavy hitter out of the way first. Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, it is a federal crime for any non-citizen to vote in a federal election. We’re talking about the big ones—President, Vice President, Senate, and the House of Representatives.
If you aren't a citizen, you can't vote in these. Period.
The law isn't just a suggestion. If a non-citizen is caught voting in a federal election, the consequences are brutal. We’re talking fines, up to a year in prison, and—this is the big one—deportation. Even just registering to vote can trigger these penalties. Federal law treats a false claim of citizenship on a voter registration form as a serious offense that can bar someone from ever becoming a citizen in the future.
Why it’s so rare
Despite the noise, actual data shows that non-citizen voting in federal elections is, basically, vanishingly rare. For instance, the Brennan Center for Justice did a massive study of the 2016 election, looking at 23.5 million votes across 42 jurisdictions. They found only about 30 suspected cases of non-citizens voting.
That’s 0.0001 percent.
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Most people who aren’t citizens are terrified of the "system." They don't want to do anything that might jeopardize their chance at a Green Card or naturalization. Risking a lifetime in the US for a single vote? Most folks just won't do it.
The Loophole: Local and Municipal Voting
Now, this is where it gets kinda confusing. While the federal door is locked tight, some cities have decided to open a side window.
There are a handful of places in the US where non-citizens—including those without legal status in some cases—are allowed to vote, but only in local elections. We’re talking school boards, mayoral races, or town councils.
- Maryland: This is the pioneer. Towns like Takoma Park and Hyattsville have allowed non-citizens to vote in local elections for years.
- Vermont: Cities like Montpelier and Winooski recently joined the list for municipal matters.
- California: San Francisco and Oakland allow non-citizen parents or guardians to vote in school board elections.
- District of Columbia: In 2023, DC started allowing non-citizen residents to vote in local races after a long legal battle.
The logic from these cities is usually that if you live there, pay taxes, and your kids go to the schools, you should have a say in how the trash is picked up or who runs the PTA. But—and this is a huge but—these voters get a completely different ballot. They aren't even allowed to see the federal candidates.
The Great 2024-2026 Crackdown
Because of all the controversy, a lot of states have been moving to shut that side window for good. Over the last few years, we’ve seen a wave of constitutional amendments.
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In the 2024 elections, states like Iowa, Wisconsin, Kentucky, Idaho, South Carolina, Missouri, Oklahoma, and North Carolina all passed measures to clarify their constitutions. They changed the wording from "every citizen" can vote to "only a citizen" can vote. It sounds like a tiny tweak, but legally, it’s a massive roadblock to any future city trying to pass local voting rights for non-citizens.
Looking ahead to the 2026 cycle, states like South Dakota, Kansas, and Arkansas already have similar "citizens-only" amendments on the horizon.
The New York City Drama
You might remember hearing about New York City passing a law in 2022 that would have let nearly 800,000 non-citizens vote in local elections. It was a massive deal. However, it never actually happened.
The law was immediately challenged. In early 2025, the New York Court of Appeals (the state's highest court) officially killed it. They ruled that the state constitution specifically limits voting to citizens. It was a huge blow to advocates who wanted to see the NYC model spread to other big cities.
How do they even check?
When you register to vote, you have to swear under penalty of perjury that you are a U.S. citizen.
Most states cross-reference registration lists with DMV records or Social Security databases. Some states, like Indiana and New Hampshire, recently passed laws requiring "documentary proof of citizenship" (like a birth certificate or passport) just to register.
There's a lot of debate about this. Critics say it makes it harder for regular Americans who might have lost their papers to vote. Proponents say it’s the only way to be 100% sure.
What happens if someone messes up?
Sometimes, it’s not even a malicious thing. A non-citizen might get a driver’s license, and a clerk at the DMV—who is moving fast and not paying attention—asks, "Do you want to register to vote?" The person says "sure," not realizing it’s illegal for them.
Even that kind of honest mistake can be a "death penalty" for an immigration case. In the case Matter of Fitzpatrick, the Board of Immigration Appeals ruled that even if you didn't intend to break the law, just the act of voting as a non-citizen makes you deportable. There is very little wiggle room.
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Actionable Insights for the Curious
If you're trying to navigate this or just want to be the smartest person in the room, keep these things in mind:
- Check the Ballot Type: If you live in a place like DC or Takoma Park, local non-citizen voting uses a "bifurcated" system. Non-citizens literally get a different piece of paper that doesn't have the President on it.
- The 1996 Law is King: No matter what a city says, the federal law (18 U.S.C. § 611) always wins when it comes to federal offices.
- Documentation is Changing: Keep an eye on your state's registration requirements. If you're helping someone register, make sure they have their documents ready, as more states are requiring more than just a signature in 2026.
- Stay Informed on State Amendments: If you live in South Dakota or Kansas, you'll likely see this on your ballot in 2026. Understanding that these amendments are mostly aimed at local municipal rules (since federal is already banned) helps clarify the stakes.
The debate over whether non-citizens should vote in local elections will probably never end. But the answer to whether they can vote in federal elections remains a very firm no, backed by some of the strictest penalties in the American legal system.