Donald Trump and many Republicans have sounded the alarm about the possibility of illegal immigrants being encouraged to vote in US elections. During a debate with Kamala Harris, Trump highlighted this concern, saying, “Our elections are bad, and a lot of these illegal immigrants coming in, they’re trying to get them to vote.” It’s a legitimate worry, especially with over 100 ads by Republicans on platforms like Facebook and Instagram warning of this issue since September.
But what’s really happening? Let’s take a look at the facts behind this controversy.
Strong Laws Are in Place to Protect Our Elections
The United States has tough laws to prevent illegal immigrants from voting in national elections. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 explicitly forbids non-citizens—including those who are here illegally—from voting in federal elections. The penalties are serious: if caught, an illegal immigrant can face up to a year in prison, fines, and even deportation.
Voters across the country are required to fill out a registration form, where they must confirm under penalty of perjury that they are US citizens. Even though this form doesn’t always ask for proof of citizenship, the legal risk of lying is significant.
Jasleen Singh from the Brennan Center for Justice notes that this process alone serves as a huge deterrent to illegal immigrants. She says, “That first step of having to tick a box saying you’re a citizen to register to vote is a huge deterrent for illegal immigrants, as it’s hugely risky to lie.”
States go even further to protect the integrity of the voting process by cross-referencing voter rolls with immigration services, death certificates, and postal records to ensure only eligible US citizens are allowed to vote. At the polling stations themselves, non-citizens would be turned away or asked to cast a provisional ballot, which would only count if they could prove their citizenship.
Non-Citizens Voting? Not in Federal Elections
Illegal immigrants are not allowed to vote in state-wide or federal elections. However, some liberal cities in California, Maryland, Vermont, and Washington DC allow non-citizens to vote in a few local elections, like for school boards. These are small, isolated exceptions, but they do not affect the outcome of any state or national election.
What the Numbers Show: It’s Rare, but It Happens
Even though the laws are strict, there are still concerns that some illegal immigrants might try to slip through the cracks. But how often does this actually happen?
Multiple studies, from conservative and liberal sources alike, suggest that illegal voting by non-citizens is extremely rare. The Brennan Center for Justice conducted a study on the 2016 election, looking at 23.5 million votes across 12 states. They found only 30 cases of suspected non-citizen voting—making up just 0.0001% of the total votes.
The Heritage Foundation, a conservative think tank, analyzed election fraud cases from 1999 to 2023 and found 77 instances of non-citizens voting in that time. While these instances should not be dismissed, they remain incredibly small compared to the total number of votes cast.
The Cato Institute, another conservative think tank, released a report titled Non-citizens Don’t Illegally Vote in Detectable Numbers, which agrees with these findings. Walter Olson, a senior fellow at Cato, explains, “It’s not zero—some people slip through the cracks for various reasons—but it’s nowhere near the level to impact the outcome of an election.”
Conclusion: Safeguarding Our Elections
Donald Trump and many Republicans are right to be vigilant about the integrity of our elections. While the evidence shows that illegal voting by non-citizens is rare, it’s important to remain cautious and enforce the laws already in place. The current legal framework and voter verification processes make it difficult for illegal immigrants to vote, ensuring that American citizens’ votes are what truly decide our elections.
At the end of the day, every legal vote matters, and protecting the sanctity of that process is something that should unite all Americans.
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