Claim: Undocumented immigrants in the United States are voting by the millions in federal elections and swaying the results towards Democrats.

What is the claim about?

This claim combines two of the hottest issues for Republican officials and conservative commentators in the 2024 election cycle: immigration and so called “election integrity.”

The claim states that the recent surge in undocumented immigration to the United States, estimated by a recent House Judiciary report to total more than 5 million crossings at the southern border since January 2021, is actually a calculated plan by President Biden and the Democrats to sign up millions of new voters and help sway the upcoming presidential election in their favor. 

Prominent figures within conservative circles, including former President Donald Trump, have been pushing the claim in speeches, official publications, and on social media.  

Prior to the Iowa caucuses in January 2024, Trump made the claim numerous times on the campaign trail. “I think they really are doing it because they want to sign these people up to vote. I really do,” Trump said at a rally in Mason City, Iowa. “They can’t speak a word of English for the most part, but they’re signing them up.” He offered no evidence of his claims.

In March, NPR revealed that it had uncovered a memo being circulated by Cleta Mitchell, a former adviser to Trump, which laid out "the threat of non-citizen voting in 2024."

"I absolutely believe this is intentional, and one of the reasons the Biden administration is allowing all these illegals to flood the country," NPR reported Mitchell saying on a conservative radio show in Illinois in February. "They're taking them into counties across the country, so that they can get those people registered, they can vote them." Mitchell offered no evidence that any of this was actually occurring. 

The claim is rampant across prominent social media channels such as TikTok, YouTube, Telegram, and X (formerly Twitter). The catchphrase “they are importing voters” has been circulated widely on X, with the platform’s owner Elon Musk promoting the narrative to his millions of followers. 

“Treason indeed!” Musk wrote in a post about undocumented immigrants on March 5 which has been seen more than 23 million times. “Ushering in vast numbers of illegals is why Secretary Mayorkas was impeached by the House. They are importing voters. This is why groups on the far left fight so hard to stop voter ID requirements, under the absurd guise of protecting the right to vote.”

Is this claim new?

No. In fact, Trump and other conservatives have been making this claim going as far back as the 2016 election. Even though Trump won that election by defeating Hilary Clinton, he claimed that the reason Clinton won 2.8 million more votes in the popular count than he did was because nearly 3 million ballots were cast by undocumented immigrants. Trump has never provided any evidence to back up this claim.  

Trump also blamed undocumented immigrants voting en masse for his loss to Biden in the 2020 election. Despite again producing no evidence, the former president claimed that Biden’s victory in Arizona by just over 10,000 votes was the result of 36,000 noncitizens voting in the state. Trump’s personal lawyer, Rudy Giuliani, took that claim a step further and asserted that “the bare minimum is 40 or 50,000” and “the reality is probably about 250,000.”

Historical context: voting in U.S. elections was not always limited to just citizens 

In the 2006 book Democracy For All, Ron Hayduk, an expert on noncitizen voting at San Francisco State University, explains that from the late 1770s until the 1820s, voting requirements in the United States were not tethered to citizenship.

“From the colonial period, voting by noncitizen immigrants was widely practiced and not extraordinarily controversial,” Hayduk writes. “Voting rights were instead predominantly tied to property, gender, and race. Alien suffrage was compatible with the exclusion of other categories of residents (men without property, women, and blacks), and actually buttressed the privileging of propertied white male Christians.” In other words, those who fit the profile of a white male Christian landowner were allowed to vote even if they were not citizens, while other non-aliens who fell outside that category were not. 

During the country’s westward expansion, the promise of noncitizen voting rights was even used to entice settlers to move to newly acquired territories. However, xenophobic backlash to increases in mass immigration led to voting rights being rolled back. During the period between 1880 and 1910, for example, the U.S. saw 12.5 million new arrivals into the country from southern and eastern Europe. Accordingly, voter registration laws were widely implemented as a means to thwart political participation by the wave of new immigrants regarded as morally and genetically inferior by nativists. 

Today, no state constitutions explicitly allow noncitizens to vote in state or local elections. As of June 2024, seven states specify that noncitizens may not vote in state and local elections: Alabama, Arizona, Colorado, Florida, Louisiana, North Dakota, and Ohio. However, the District of Columbia and municipalities in three states (California, Maryland, and Vermont) allow noncitizens to vote in local elections. These eligible voters generally have to be permanent residents (green card holders) and demonstrate that they have lived in that locality for a certain period of time. 

Is there any truth to claims of noncitizens voting en masse in U.S. federal elections today?

Claims that undocumented immigrants and other noncitizens are voting by the millions have been debunked by a wide range of sources, including reporters at prominent media outlets, researchers from independent think thinks and policy institutes, official election audits by state officials from both major political parties, and in litigation initiated by Trump and his supporters. 

There have been isolated cases of noncitizens casting ballots, and the practice does occur in every election. But their numbers are a miniscule fraction of the total vote count and are certainly not reflective of any attempt at illegal mass voting by noncitizens.

Research by nonprofits from divergent ends of the political spectrum bears this out. In 2016, the Brennan Center For Justice conducted a nationwide study of unauthorized voting by noncitizens and analyzed 23.5 million votes across 42 jurisdictions. The findings revealed that election officials referred only an estimated 30 incidents of suspected noncitizen voting for further investigation or prosecution. In other words, these anomalous examples comprised just 0.0001 percent of votes in that massive data set. In March 2024, the Washington Post analyzed an election fraud database kept by the conservative leaning Heritage Foundation and found just 85 cases involving allegations of noncitizens voting from 2002 to 2023.

An audit of voter rolls conducted by Georgia’s Republican secretary of state in 2022 found fewer than 2,000 attempts at voter registration by noncitizens over a 25 year span. None of these attempts were successful. One government oversight that did occur during the 2022 midterm elections involved the Colorado secretary of state’s office mistakenly mailing postcards to about 30,000 noncitizens who had driver’s licenses encouraging them to register to vote. This campaign was conducted pursuant to a policy requiring the state to provide basic voter information to individuals who are eligible to vote but not yet registered. Once the error was uncovered, however, the office sent a correction notice to those noncitizens and worked to ensure that county clerks did not register any ineligible voters.Also notably, over 50 lawsuits related to allegations of fraud in the 2020 election brought by Trump and his allies have been rejected by courts at the state and federal level, including by federal judges who were appointed by the former President himself.

Noncitizens who vote could face serious consequences

Voting by noncitizens is not only rare, but carries extremely high risks for those foolhardy enough to try. When people register to vote in federal elections, they confirm under penalty of perjury that they are U.S. citizens. Several states also verify registration against federal and state databases. Additionally, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) is a federal law that explicitly bans noncitizens from voting in federal elections, including races for President, Vice President, Senate or House of Representatives. Those found voting illegally under this statute face fines, imprisonment or both. Furthermore, noncitizens who cast a ballot and get caught may also face deportation and a lifetime ban from ever applying for an immigrant visa. The incentives for someone to vote illegally are far outweighed by the litany of consequences that come with breaking the law. The penalties are also steep for a political party or volunteer who would try to sign up an ineligible voter.

Conclusion

There is no credible evidence that noncitizens are voting in U.S. elections by the millions, in the tens of thousands, or even in the thousands. Isolated incidents of noncitizens being included on voter rolls or even casting a ballot without authorization inevitably happen, but in extremely small numbers compared to the total number of votes counted. Usually, this is due to people being unsure of their eligibility, or mistakes by election officials. However, the claim that these examples constitute a conspiracy occuring on a vast scale that could tip elections towards any one political party is false. 

Sources

1. New Data Reveal Worsening Magnitude of the Biden Border Crisis and Lack of Interior Immigration Enforcement, Committee on the Judiciary and Subcommittee on Immigration Integrity, Security, and Enforcement, United States House of Representatives, January 18, 2024.
2. Ali Swenson, “Trump suggests unauthorized migrants will vote. The idea stirs his base, but ignores reality.” Associated Press, Jan. 10, 2024
3. Miles Parks, “Conservatives are warning about noncitizens voting. It's a myth with a long history,” National Public Radio (NPR), March 13, 2024.
4. Glenn Kessler, “Recidivism Watch: Trump’s claim that millions of people voted illegally,” Washington Post, January 24, 2017.
5. Glenn Kessler, “The truth about noncitizen voting in federal elections,” Washington Post, March 6, 2024.
6. Ron Hayduk, Democracy For All, Restoring Immigrant Voting Rights in the United States, Routledge, 2006, pp. 16-17.
7. Martin Austermuhle, “Before a non-citizen voting bill in D.C. became a right-wing flashpoint ,it had a long local history,” American University Radio, February 27, 2023.
8. “Laws permitting noncitizens to vote in the United States,” Ballotpedia, accessed June 15, 2024.
9. Douglas Keith & Myrna Pérez, Noncitizen Voting: The Missing Millions, Brennan Center For Justice, May 5, 2017.
10. Election Fraud Cases, The Heritage Foundation, accessed June 15, 2024.
11. Press Release, “Secretary Raffensperger Refers 1,600 Noncitizen Registrants to Local DAs, GBI, State Election Board,” Georgia Secretary of State’s Office, April 11, 2022.
12. Bente Birkeland, “Colorado accidentally sent voter registration notices to 30,000 residents who are not citizens,” CPR News, October 7, 2022.
13. “Fact check: Courts have dismissed multiple lawsuits of alleged electoral fraud presented by Trump campaign,” Reuters, February 21, 2021.
14. Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L.104–208.
15. Amy Sherman, “Trump claims millions of immigrants are signing up to vote illegally,” WRAL News, February 6, 2024.

Today, no state constitutions explicitly allow noncitizens to vote in state or local elections. As of June 2024, seven states specify that noncitizens may not vote in state and local elections: Alabama, Arizona, Colorado, Florida, Louisiana, North Dakota, and Ohio. However, the District of Columbia and municipalities in three states (California, Maryland, and Vermont) allow noncitizens to vote in local elections. These eligible voters generally have to be permanent residents (green card holders) and demonstrate that they have lived in that locality for a certain period of time. 

Is there any truth to claims of noncitizens voting en masse in U.S. federal elections today?

Claims that undocumented immigrants and other noncitizens are voting by the millions have been debunked by a wide range of sources, including reporters at prominent media outlets, researchers from independent think thinks and policy institutes, official election audits by state officials from both major political parties, and in litigation initiated by Trump and his supporters. 

There have been isolated cases of noncitizens casting ballots, and the practice does occur in every election. But their numbers are a miniscule fraction of the total vote count and are certainly not reflective of any attempt at illegal mass voting by noncitizens.

Research by nonprofits from divergent ends of the political spectrum bears this out. In 2016, the Brennan Center For Justice conducted a nationwide study of unauthorized voting by noncitizens and analyzed 23.5 million votes across 42 jurisdictions. The findings revealed that election officials referred only an estimated 30 incidents of suspected noncitizen voting for further investigation or prosecution. In other words, these anomalous examples comprised just 0.0001 percent of votes in that massive data set. In March 2024, the Washington Post analyzed an election fraud database kept by the conservative leaning Heritage Foundation and found just 85 cases involving allegations of noncitizens voting from 2002 to 2023.

An audit of voter rolls conducted by Georgia’s Republican secretary of state in 2022 found fewer than 2,000 attempts at voter registration by noncitizens over a 25 year span. None of these attempts were successful. One government oversight that did occur during the 2022 midterm elections involved the Colorado secretary of state’s office mistakenly mailing postcards to about 30,000 noncitizens who had driver’s licenses encouraging them to register to vote. This campaign was conducted pursuant to a policy requiring the state to provide basic voter information to individuals who are eligible to vote but not yet registered. Once the error was uncovered, however, the office sent a correction notice to those noncitizens and worked to ensure that county clerks did not register any ineligible voters.Also notably, over 50 lawsuits related to allegations of fraud in the 2020 election brought by Trump and his allies have been rejected by courts at the state and federal level, including by federal judges who were appointed by the former President himself.

Noncitizens who vote could face serious consequences

Voting by noncitizens is not only rare, but carries extremely high risks for those foolhardy enough to try. When people register to vote in federal elections, they confirm under penalty of perjury that they are U.S. citizens. Several states also verify registration against federal and state databases. Additionally, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) is a federal law that explicitly bans noncitizens from voting in federal elections, including races for President, Vice President, Senate or House of Representatives. Those found voting illegally under this statute face fines, imprisonment or both. Furthermore, noncitizens who cast a ballot and get caught may also face deportation and a lifetime ban from ever applying for an immigrant visa. The incentives for someone to vote illegally are far outweighed by the litany of consequences that come with breaking the law. The penalties are also steep for a political party or volunteer who would try to sign up an ineligible voter.

Conclusion

There is no credible evidence that noncitizens are voting in U.S. elections by the millions, in the tens of thousands, or even in the thousands. Isolated incidents of noncitizens being included on voter rolls or even casting a ballot without authorization inevitably happen, but in extremely small numbers compared to the total number of votes counted. Usually, this is due to people being unsure of their eligibility, or mistakes by election officials. However, the claim that these examples constitute a conspiracy occuring on a vast scale that could tip elections towards any one political party is false. 

Sources

1. New Data Reveal Worsening Magnitude of the Biden Border Crisis and Lack of Interior Immigration Enforcement, Committee on the Judiciary and Subcommittee on Immigration Integrity, Security, and Enforcement, United States House of Representatives, January 18, 2024.
2. Ali Swenson, “Trump suggests unauthorized migrants will vote. The idea stirs his base, but ignores reality,” Associated Press, January 10, 2024
3. Miles Parks, “Conservatives are warning about noncitizens voting. It's a myth with a long history,” National Public Radio (NPR), March 13, 2024.
4. Glenn Kessler, “Recidivism Watch: Trump’s claim that millions of people voted illegally,” Washington Post, January 24, 2017.
5. Glenn Kessler, “The truth about noncitizen voting in federal elections,” Washington Post, March 6, 2024.
6. Ron Hayduk, Democracy For All, Restoring Immigrant Voting Rights in the United States, Routledge, 2006, pp. 16-17.
7. Martin Austermuhle, “Before a non-citizen voting bill in D.C. became a right-wing flashpoint, it had a long local history,” American University Radio, February 27, 2023.
8. “Laws permitting noncitizens to vote in the United States,” Ballotpedia, accessed June 15, 2024.
9. Douglas Keith & Myrna Pérez, Noncitizen Voting: The Missing Millions, Brennan Center for Justice, May 5, 2017.
10. Election Fraud Cases, The Heritage Foundation, accessed June 15, 2024.
11. Press Release, “Secretary Raffensperger Refers 1,600 Noncitizen Registrants to Local DAs, GBI, State Election Board,” Georgia Secretary of State’s Office, April 11, 2022.
12. Bente Birkeland, “Colorado accidentally sent voter registration notices to 30,000 residents who are not citizens,” CPR News, October 7, 2022.
13. “Fact check: Courts have dismissed multiple lawsuits of alleged electoral fraud presented by Trump campaign,” Reuters, February 21, 2021.
14. Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L.104–208.
15. Amy Sherman, “Trump claims millions of immigrants are signing up to vote illegally,” WRAL News, February 6, 2024.