At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. On September 23, 2026, Reuters reported that the federal government has accelerated investigations and criminal prosecutions for alleged voting by noncitizens ahead of the midterm elections.
Here is what is known, why the distinction between being registered and having voted is decisive, and what to do if a letter or a subpoena arrives.
What is the government doing?
The reported figures show the scale of the shift:
- The Justice Department filed charges against roughly 20 people this month alone under the statute penalizing voting by noncitizens — about 13% of all prosecutions brought under that law in three decades.
- Over the past four weeks, charges for noncitizen voting and related offenses total 32 people.
- Homeland Security Investigations (HSI) mobilized hundreds of agents across all 50 states, describing it as a tier-one priority, with roughly 1,600 open investigations.
At the same time, available studies continue to show that voting by noncitizens is rare. A Reuters review found that states may have added more than 30,000 people who identified themselves as noncitizens to voter rolls since 2000, largely through software glitches and clerical errors.
That last figure is the one worth holding onto, and it marks exactly the line between an error and an accusation.
Is being on a voter roll the same as having voted?
No — and this is the most dangerous confusion in the story.
Appearing on a voter roll can result from a state office error, a box checked by default while processing a driver’s license, or a botched data match. Registering and voting are distinct acts, and their legal consequences are distinct too.
That said, the other side should not be minimized. Where registration or voting did occur, the immigration consequences are serious and in some cases hard to repair:
- Inadmissibility and deportability for unlawful voting, under sections 212(a)(10)(D) and 237(a)(6) of the Immigration and Nationality Act (INA).
- False claim to U.S. citizenship, section 212(a)(6)(C)(ii). This is the harshest: as a general matter no waiver is available, which is why checking a box that says “I am a citizen” can cost far more than the vote itself.
- Federal and state criminal consequences, which run on a track separate from the immigration one.
The law provides a narrow exception for someone who voted while reasonably believing they were a citizen, in very specific circumstances tied to a person’s parents and to residing in the country from childhood. It is a real exception, but not a general shield: it is established with documents, case by case.
What should you do if a letter, subpoena, or notice arrives?
- Do not respond on your own. Not to the federal government, not to the state election office, and not to anyone who calls you.
- Do not “remove yourself” from the roll without advice. It may feel prudent, but first understand what the record actually shows and since when.
- Guarda todo: envelopes, receipt dates, screenshots of the state portal, and any driver’s license paperwork.
- Identify what you received. A verification letter from an election office is not a federal subpoena. The right response differs.
- If you ever checked a citizenship box by mistake, tell your attorney — not a form. It is the fact that most changes the strategy.
Protege tu situación migratoria con el bufete de abogados Campos
A clerical error from ten years ago should not cost a family its future, but it can if no one addresses it in time. Our team reviews what your record actually shows, separates registration from voting, and prepares the right response on each track. We do not make unrealistic promises. We provide serious legal representation backed by preparation and integrity.
No dejes tu situación migratoria al azar. Llámanos hoy mismo al +1 (844) 922-6767 para concertar una consulta gratuita y confidencial en inglés o en español. Bufete de Abogados Campos: soluciones jurídicas en todas las áreas del derecho.
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