The false notion that undocumented immigrants affect federal elections has a long history. But this year, due in part to rising migration at the U.S. southern border, the idea could have new potency.

  • jazzup
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    4 months ago

    and according to the law deporting them isn’t on the table for attempting to vote illegally (check the second link)

    I’ll repeat here what I said to you above in case others didn’t see my earlier comment and think your assertion is accurate:

    Deportation is absolutely a risk for unlawful voting.

    If the non-citizen is here unlawfully, they are always subject to deportation if ICE becomes aware of them, which may happen by referral during a criminal prosecution.

    Even if they are here lawfully, they become deportable if they vote unlawfully per 8 USC 1227(6)(A): “Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable.”

    The reason “deportation” is not mentioned in the press release you cite is because removal is a separate proceeding, not part of the criminal proceeding (which is what the press release is about). They have to be convicted of the crime first, and then removal proceedings can be initiated.

    Even if removal proceedings are not brought against them for some reason, they will still potentially suffer consequences for a conviction (in addition to the criminal punishment). For example, unlawful voting may prevent naturalization of a lawful non-citizen under 8 USC 1427 because they do not have the requisite good moral character.

    Moreover, if they falsified documents to vote unlawfully, they may be found to have committed an aggravated felony, which means they face expedited removal proceedings, they can never get a green card, never become naturalized, can not be eligible for asylum, and can never reenter the US. See 8 USC 1158, 1182, & 1228.