Non-Citizens Can Vote in Federal Elections
Segment # 197
After the past four years, I have become pretty cynical about believing anything from the left or right without verifying the information. Yesterday I viewed a segment on Tucker Carlson Network with the founder of True The Vote (Catherine Engelbrecht is the founder of True the Vote. She co-founded the organization in 2009 as an offshoot of the King Street Patriots, a nonprofit Tea Party organization active mostly in Texas). Englebrecht made the outrageous statement that the U.S. Criminal Code Title 18 made provisions for illegal aliens to vote without penalty if, at the time they vote, they believe they are a US citizen. Englebrecht’s credibility has been attacked by many. She has been slandered extensively. But she is telling the truth. See the data below (I wish Tucker had provided this citation to prove her point). If anything, this is a rationale for the open border and turning this election into a win for Biden. This shocks me and we will certainly hear more about it. This is not gaslighting and is very reminiscent of US-funded UN representatives coaching illegals to qualify for asylum and immunity from our laws against illegal entry to say they feared for their lives.
U.S. Criminal Code Title 18 Penalties for Voting as a Non-Citizen of the U.S.
According to U.S. federal law, it is illegal for non-citizens to vote in federal elections. The penalties for violating this law are as follows:
It is unlawful for any non-citizen (alien) to vote in any election held solely or in part for electing candidates to federal offices, including President, Vice President, Presidential elector, Senator, Representative, DC Delegate, or Resident Commissioner
Penalties
The penalty for violating this law is a fine, imprisonment for up to one year, or both
In addition to criminal penalties, a non-citizen who illegally votes may face immigration consequences:
They may be deemed inadmissible, meaning they could be ineligible to receive visas or be admitted to the U.S.
They may become deportable
It could result in denial of future immigration status, including naturalization
Falsely claiming U.S. citizenship for the purpose of registering to vote may also result in deportation or denial of future immigration status
Exceptions
There are some exceptions to these penalties. The law does not apply to a non-citizen if:
Each natural or adoptive parent of the non-citizen is or was a U.S. citizen
The non-citizen permanently resided in the U.S. before age 16
The non-citizen reasonably believed at the time of voting that they were a U.S. citizen.
It's important to note that while federal law prohibits non-citizens from voting in federal elections, it does not explicitly ban them from voting in state or local elections. Some municipalities allow non-citizens to vote in certain local elections, though this is relatively rare and subject to specific local laws. The severe consequences for illegal voting, including potential imprisonment and deportation, serve as a strong deterrent for non-citizens considering voting in federal elections.
18 U.S. Code § 611 - Voting by aliens
(a) It shall be unlawful for any alien to vote in any election held solely or in part for the purpose of electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, unless—
(1)
the election is held partly for some other purpose;
(2)
aliens are authorized to vote for such other purpose under a State constitution or statute or a local ordinance; and
(3)
voting for such other purpose is conducted independently of voting for a candidate for such Federal offices, in such a manner that an alien has the opportunity to vote for such other purpose, but not an opportunity to vote for a candidate for any one or more of such Federal offices.
(b)
Any person who violates this section shall be fined under this title, imprisoned not more than one year, or both.
(c) Subsection (a) does not apply to an alien if—
(1)
each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization);
(2)
the alien permanently resided in the United States prior to attaining the age of 16; and
(3)
the alien reasonably believed at the time of voting in violation of such subsection that he or she was a citizen of the United States.
(Added Pub. L. 104–208, div. C, title II, § 216(a), Sept. 30, 1996, 110 Stat. 3009–572; amended Pub. L. 106–395, title II, § 201(d)(1), Oct. 30, 2000, 114 Stat. 1635.)
References:
https://www.law.cornell.edu/uscode/text/18/611
https://bipartisanpolicy.org/blog/four-things-to-know-about-noncitizen-voting/
https://ballotpedia.org/Laws_permitting_noncitizens_to_vote_in_the_United_States
https://uscode.house.gov/view.xhtml?edition=prelim&path=%2Fprelim%40title18%2Fpart1%2Fchapter29