Resident Alien Voting Rights

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    Voting in Local Elections

    • States decide whether residents can vote in state elections, and resident aliens are sometimes allowed to vote in more local elections. According to the Immigrant Voting Project, some communities allow non-citizens to vote.

    Voting in Federal Elections

    • Resident aliens are not allowed to vote in federal elections. Their voting in federal elections is a criminal offense that can result in one year in prison and deportation. It is important that resident aliens and permanent residents be aware of this restriction as it is in their best interests to follow this rule.

    Illegal Immigration Reform and Immigrant Responsibility Act

    • The Illegal Immigration Reform and Immigrant Responsibility Act was passed in 1996 and enacted many of the harsh consequences for non-citizen voting on the books today.

    Immigration Consequences to Voting Illegally

    • In addition to deportation and the criminal consequences of voting illegally, voting illegally may also prevent a non-citizen from becoming a naturalized citizen. There may be exceptions to this rule under certain circumstances, but it is important for non-citizens to be aware of the potential immigration consequences of voting.

    Illegal Voting

    • Despite the harsh consequences for voting illegally there are some indications that some non-citizens do vote. According to the Federation for American Immigration Reform, there were past allegations that illegal voting has even swayed elections in states such as Florida and California. Given the large numbers of non-citizens in some areas of the country this is certainly a possibility in close elections, however in the past, it has not been found that enough non-citizens voted to change the result.

    Theories/Speculation

    • Some people believe that non-citizens should be allowed to vote in elections. The immigrant voting project argues that anyone who is present in the United States has an interest in who leads the country and should be able to vote on issues that affect them. Another argument is that non-citizen residents who pay taxes have in essence earned the right to vote. Some point out that non-citizens today are in a position of "taxation without representation." The Immigrant Voting Project views the endeavor to expand the vote as an expansion of democracy. Many countries around the world allow resident aliens to vote, but the idea remains controversial in the U.S.

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