The Department of Homeland Security issued a directive Monday ordering U.S. Immigration and Customs Enforcement to pursue deportation against illegal immigrants who vote in American elections, citing existing law that has rarely been enforced.
DHS General Counsel James Percival sent a letter to ICE leadership directing the agency to enforce stricter penalties, including removal, for noncitizens who fraudulently cast ballots. The agency’s official statement noted that a criminal conviction is not required to trigger deportation under the directive.
“The importance of free, fair, and honest elections is without question,” Percival said in the statement. “Illegal voting by aliens dilutes the votes of American citizens and undermines our democracy. It must have consequences.”
The directive points to longstanding provisions in the Immigration and Nationality Act that already authorize the removal of aliens who vote illegally or make false claims of U.S. citizenship. DHS noted those two violations typically occur together, since voter registration forms require applicants to declare under penalty of perjury that they are citizens. The directive clarifies that legally present aliens are also subject to removal if they participate illegally in elections.
The announcement follows months of federal prosecutions for noncitizen voting. In March, Mauritanian citizen Mahady Sacko was charged with voter fraud for allegedly casting ballots in every presidential election since 2008. In May, four additional noncitizens were charged with voting illegally across multiple federal elections and making false statements during citizenship applications.
The new directive implements policies outlined in President Trump’s executive order signed on March 25, 2025. That order directed agencies to take sweeping action on voter eligibility verification, information sharing, enforcement of federal election integrity laws, and criminal prosecution of noncitizens who vote unlawfully.
DHS also referenced a separate August 2025 policy update from U.S. Citizenship and Immigration Services that bars green card holders who have voted or registered to vote from obtaining citizenship.
The department’s statement quoted Trump: “The right of American citizens to have their votes properly counted and tabulated, without illegal dilution, is vital to determining the rightful winner of an election.”
