Across Ohio and other parts of the United States, immigration attorneys have begun observing a concerning pattern.

Federal officers identifying themselves as investigators with the Department of Homeland Security (DHS)—often appearing to be affiliated with Homeland Security Investigations (HSI)—have reportedly been visiting the homes of lawful permanent residents and asking questions about voter registration applications.

Many of the individuals contacted appear to be:

• lawful permanent residents
• college students or young adults
• immigrants who may have registered to vote accidentally years earlier

In several instances, agents reportedly told individuals that they were simply “verifying signatures” or “warning people not to vote.”

However, immigration lawyers increasingly believe these visits may represent a broader evidence-gathering effort that could eventually support:

• deportation proceedings
• criminal prosecutions
• naturalization denials
• inadmissibility findings when re-entering the United States

For lawful permanent residents, even unintentional voter registration or voting can have serious immigration consequences.

Why DHS Is Investigating Voter Registration Records

Only U.S. citizens are permitted to vote in federal elections.

Federal law also makes it illegal for non-citizens to:

• register to vote in federal elections
• vote in federal elections
• claim to be a U.S. citizen on a voter registration form

In recent years, several states have begun cross-checking voter registration databases with federal immigration records.

Ohio officials announced efforts to review voter registration rolls using federal immigration verification systems to identify non-citizens who may have registered.

See announcement:
https://www.ohiosos.gov/media-center/press-releases/2024/2024-08-21/

These reviews frequently rely on the Systematic Alien Verification for Entitlements (SAVE) program maintained by DHS.

Learn more about SAVE:
https://www.uscis.gov/save

When potential matches appear—suggesting that a registered voter may not be a citizen—the information may be referred for investigation.

How Lawful Permanent Residents Accidentally Register to Vote

Many voter registration cases involving immigrants occur because of confusion rather than intent.

The most common scenario occurs at motor vehicle offices.

Under the federal Motor Voter Act, driver license applicants are often offered the opportunity to register to vote when applying for a license.

During the process:

• applicants may be asked if they want to register
• forms may be completed electronically
• signatures may be captured digitally

Immigrants sometimes register accidentally because:

• they believe permanent residents are eligible to vote
• a clerk mistakenly encourages registration
• language barriers cause misunderstanding
• they sign a digital pad without seeing the voter form

Years later, these registrations may surface when voter rolls are compared with immigration databases.

Why These Violations Are Often Treated as Strict Liability

One of the most dangerous aspects of voter registration violations is that intent often does not matter.

Both immigration law and many election laws operate under principles similar to strict liability.

Strict liability means that the government does not necessarily have to prove that the person intended to break the law.

Instead, liability may arise simply because the act occurred.

For example:

• signing a voter registration form that certifies citizenship
• voting in an election while not a citizen

Even if the individual misunderstood the law or believed they were eligible, the act itself may still create legal consequences.

Federal Criminal Laws Related to Non-Citizen Voting

Federal criminal statutes can apply when non-citizens vote or falsely claim citizenship.

Voting by Non-Citizens

18 U.S.C. §611 makes it illegal for non-citizens to vote in federal elections.

See the statute:
https://www.law.cornell.edu/uscode/text/18/611

The statute applies to elections for:

• President
• Vice President
• U.S. Senate
• U.S. House of Representatives

Violations can lead to criminal prosecution.

However, criminal prosecution is not necessary for immigration consequences to occur.

False Claim of Citizenship to Register to Vote

Another criminal provision is 18 U.S.C. §1015(f).

This statute criminalizes falsely claiming U.S. citizenship in order to register to vote.

See statute:
https://www.law.cornell.edu/uscode/text/18/1015

Convictions may result in fines or imprisonment.

But again, immigration penalties can arise even without criminal prosecution.

Immigration Law: False Claim to U.S. Citizenship

One of the most severe immigration violations involves false claims to U.S. citizenship.

Under 8 U.S.C. §1182(a)(6)(C)(ii), a non-citizen who falsely represents themselves to be a U.S. citizen for a benefit under federal or state law becomes inadmissible to the United States.

See statute:
https://www.law.cornell.edu/uscode/text/8/1182

Registering to vote is considered a government benefit.

Therefore, claiming citizenship on a voter registration form can trigger this ground of inadmissibility.

The consequences are severe because:

• there is generally no waiver available
• the penalty can be permanent
• the person may be unable to adjust status or re-enter the United States

Even lawful permanent residents can face removal proceedings if the government determines they falsely claimed citizenship.

Deportability for Unlawful Voting

A separate removal ground exists for unlawful voting.

Under 8 U.S.C. §1227(a)(6), a non-citizen may be deportable if they vote in violation of federal, state, or local law.

See statute:
https://www.law.cornell.edu/uscode/text/8/1227

This means deportation may occur even if:

• the person never claimed citizenship
• the individual believed they were eligible to vote

The key question becomes whether the vote violated election law.

Limited Exceptions to the Unlawful Voting Ground

Immigration law provides very narrow exceptions.

A person may avoid deportability if:

• both parents were U.S. citizens
• the individual lived permanently in the United States before age 16
• the person reasonably believed they were a citizen

These situations are rare and typically involve individuals who grew up believing they were citizens.

Ohio Law: Citizenship Requirement for Voter Registration

Ohio election law restricts voter registration to U.S. citizens.

Under Ohio Revised Code §3503.01, a person must be a U.S. citizen to register.

See statute:
https://codes.ohio.gov/ohio-revised-code/section-3503.01

Applicants must certify under penalty of law that they are citizens.

Providing false information can constitute election fraud.

Ohio Criminal Law: Illegal Voting

Ohio also criminalizes illegal voting.

Under Ohio Revised Code §3599.12, a person who knowingly votes or attempts to vote illegally may be charged with a felony.

See statute:
https://codes.ohio.gov/ohio-revised-code/section-3599.12

Even if criminal charges are not pursued, the conduct may still create immigration consequences.

How State Investigations Become Federal Immigration Cases

Election investigations often begin at the state level.

State officials reviewing voter rolls may identify individuals who appear to be non-citizens.

Once identified, information may be shared with federal agencies, including:

• Department of Homeland Security
• Homeland Security Investigations
• Immigration and Customs Enforcement
• Department of Justice

These agencies may then conduct interviews or verify documents.

Databases Used in These Investigations

Several databases may be used to investigate voter registration issues.

SAVE Database

The SAVE system verifies immigration status.

https://www.uscis.gov/save

State Voter Registration Databases

These contain:

• voter registration dates
• addresses
• voting history

Motor Vehicle Records

Driver license applications often contain digital signatures connected to voter registration systems.

Real-World Cases Where Non-Citizens Faced Consequences for Voting or Voter Registration

Although relatively uncommon, several cases across the United States show how voter registration mistakes can create serious criminal or immigration consequences.

These cases illustrate why immigration attorneys warn non-citizens to never register to vote unless they are certain they are eligible.

Texas Federal Prosecutions

Federal prosecutors have pursued criminal cases against non-citizens accused of voting in federal elections.

In several cases reported in Texas, individuals who were lawful permanent residents registered to vote years earlier when applying for driver’s licenses.

Some defendants claimed they believed they were eligible because they held green cards.

Example reporting:
https://www.texastribune.org/2024/03/12/noncitizen-voting-prosecution-texas/

In some situations, prosecutions focused on whether the individual signed a form certifying U.S. citizenship.

Even where criminal cases did not result in imprisonment, the conduct could still trigger immigration consequences.

North Carolina Investigations

In North Carolina, election authorities identified dozens of individuals who were not U.S. citizens but appeared on voter rolls.

Example reporting:
https://www.newsobserver.com/news/politics-government/article266324761.html

Investigations revealed that some immigrants had registered while applying for driver’s licenses.

In some cases, the individuals believed that permanent residency allowed them to vote.

Authorities emphasized that misunderstanding the law does not necessarily prevent legal consequences.

Kansas Secretary of State Investigations

Kansas election officials previously investigated thousands of voter registration records where citizenship status could not be verified.

Many cases involved immigrants who had been automatically registered through motor vehicle systems.

Example reporting:
https://www.kansas.com/news/politics-government/article239214398.html

The investigations highlighted how voter registration systems and driver license systems can become intertwined.

Arizona and Motor-Voter Confusion

Arizona officials have also investigated cases where non-citizens were placed on voter rolls through motor vehicle processes.

Example reporting:
https://www.azcentral.com/story/news/politics/elections/2022/10/17/noncitizens-registered-to-vote-arizona/

Some of these cases involved clerical errors or system design issues, but they still triggered election investigations.

For immigrants, even being investigated can lead to immigration screening or referral to federal authorities.

Why DHS May Conduct Home Visits

Home visits may serve several investigative purposes.

Authenticating Signatures

Agents may confirm whether the individual signed the voter registration application.

Collecting Statements

Investigators may ask questions that could later be used as admissions.

Building Future Cases

Information collected may later support:

• deportation proceedings
• criminal cases
• naturalization denials

How Voter Registration Issues Surface During Naturalization

Applicants for U.S. citizenship must answer questions about voting history.

The naturalization application asks whether the applicant has:

• registered to vote
• voted in an election

USCIS often checks voter registration databases.

If records show a non-citizen registered to vote, officers may investigate whether a false citizenship claim occurred.

This can result in:

• denial of naturalization
• referral to immigration enforcement

Risks When Traveling Abroad

Green card holders who previously registered to vote may face problems when returning to the United States.

At airports, Customs and Border Protection officers can access multiple databases.

If officers believe the traveler falsely claimed citizenship, they may initiate removal proceedings.

How to Obtain a Copy of a Voter Registration Application in Ohio

Individuals concerned about possible voter registration records can request copies of their voter registration documents.

Ohio voter records are generally considered public records.

Requests may be made through county boards of elections.

Find county election offices:
https://www.ohiosos.gov/elections/elections-officials/county-boards-of-elections-directory/

Attorneys can often request these records on behalf of clients.

Obtaining the original form can be critical to determine:

• whether citizenship was certified
• whether the signature is authentic
• whether clerical errors occurred

Defense Strategies in Immigration Cases

When accidental voter registration occurs, immigration attorneys may explore several strategies.

These include:

Determining Whether Citizenship Was Actually Claimed

Some forms do not explicitly require a citizenship declaration.

Reviewing the Registration Form

Errors by election officials or motor vehicle clerks may be relevant.

Confirming Whether the Person Actually Voted

Registering and voting create different legal consequences.

Demonstrating Lack of Intent

Although intent may not always matter, it can still be relevant in certain legal contexts.

Each case requires detailed legal analysis.

Why This Issue May Become More Common

Several trends suggest these investigations may increase nationwide.

Expanded Data Sharing

Government agencies are increasingly integrating databases.

Electronic Records

Digital systems allow investigators to review records from years earlier.

Election Integrity Initiatives

Many states are reviewing voter rolls.

Immigration Enforcement Priorities

False citizenship claims remain a major enforcement focus.

What To Do If Federal Agents Contact You

If investigators come to your home:

• do not answer questions immediately
• ask for identification
• avoid signing documents
• contact an immigration lawyer

Statements made during interviews can later be used as evidence.

Key Takeaways

Accidental voter registration by non-citizens can create serious immigration consequences.

These consequences may include:

• deportation proceedings
• criminal prosecution
• naturalization denial
• problems re-entering the United States

As states increasingly compare voter databases with immigration records, more historical registrations may be identified.

Anyone contacted by investigators regarding voter registration should seek legal advice before responding.

Speak With an Immigration Attorney

If you or a family member accidentally registered to vote or were contacted by investigators, legal guidance is essential.

Schedule a confidential consultation with Herman Legal Group:

https://www.lawfirm4immigrants.com/book-consultation/

Experienced immigration attorneys can analyze the situation and develop a strategy to protect your status.

Frequently Asked Questions About Voter Registration and Immigration

Below are common questions immigrants ask about voter registration issues.

Can a green card holder vote in U.S. elections?

No.

Only U.S. citizens are eligible to vote in federal elections.

Some local elections in a few cities allow non-citizen voting, but these are rare and typically limited to municipal elections.

What if I registered accidentally but never voted?

Even registering to vote can raise immigration concerns if the registration form required a certification of U.S. citizenship.

However, the legal consequences may differ depending on the specific facts.

An immigration lawyer should review the registration form.

What if a DMV clerk told me I could register?

Mistaken advice from a government employee does not always prevent immigration consequences.

However, it may become relevant in evaluating potential defenses.

Is voter registration considered a false claim to U.S. citizenship?

It can be.

If the voter registration form required the person to certify that they were a U.S. citizen, signing that certification may be considered a false claim to citizenship.

Can I be deported for voting if I am a green card holder?

Yes.

Under 8 U.S.C. §1227(a)(6), a non-citizen who votes in violation of federal, state, or local law may be deportable.

See statute:
https://www.law.cornell.edu/uscode/text/8/1227

Is there a waiver for false claims to U.S. citizenship?

Generally no.

False citizenship claims are among the few immigration violations that usually do not have waivers.

Can voter registration affect my citizenship application?

Yes.

USCIS reviews voter registration databases during naturalization processing.

If records show the applicant registered to vote while not a citizen, the application may be denied.

Should I travel internationally if I previously registered to vote?

Travel may create risks if immigration authorities believe a false citizenship claim occurred.

Consulting an immigration lawyer before traveling may be advisable.

Can an attorney obtain my voter registration records?

Yes.

Voter registration records in many states are public records, and attorneys can often request them on behalf of clients.

Final Warning for Green Card Holders

Accidental voter registration is more common than many people realize.

However, immigration law treats false claims to U.S. citizenship and unlawful voting extremely seriously.

Even mistakes made years earlier can lead to:

• deportation proceedings
• denial of naturalization
• problems re-entering the United States
• criminal investigations

As states increasingly compare voter rolls with immigration databases, more historical registrations may be identified.

Anyone contacted by investigators regarding voter registration should consider seeking legal advice before answering questions.

Speak With an Immigration Attorney

If you or a family member accidentally registered to vote or were contacted by investigators, legal guidance is critical.

Schedule a confidential consultation with Herman Legal Group:

https://www.lawfirm4immigrants.com/book-consultation/

An experienced immigration attorney can review the facts, obtain the relevant records, and develop a strategy to protect your immigration status.