No. Non-citizens cannot vote in U.S. federal elections, and in nearly every state they cannot vote in state elections either. Casting a ballot as a non-citizen is a federal crime, and the immigration fallout is worse than the criminal penalty: deportation, a permanent bar to reentry, and the end of any chance at naturalization. A small number of cities allow non-citizen residents to vote in purely local races, but those exceptions are narrow and getting narrower.
The Federal Ban
The controlling statute is 18 U.S.C. § 611, added by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. It makes it a crime for any non-citizen to vote in an election for president, vice president, a presidential elector, or any member of Congress.1Office of the Law Revision Counsel. 18 USC 611 – Voting by Aliens It doesn’t matter how long you’ve lived here or what status you hold. Green card holders, visa holders, and undocumented residents are all covered.
Every state also requires voters to attest to U.S. citizenship when they register. As of early 2026, nine states go further and require documentary proof of citizenship to register in at least some circumstances.2Ballotpedia. Proof of Citizenship Requirements for Voter Registration by State
The Narrow Local Exception
Section 611 contains a carve-out: if a state or local government has authorized non-citizens to vote in a non-federal race, and the ballot separates that local race from any federal contest, the federal ban doesn’t reach that local vote.1Office of the Law Revision Counsel. 18 USC 611 – Voting by Aliens
A handful of jurisdictions use that carve-out. Several Maryland cities near Washington, D.C., and the Vermont cities of Montpelier, Winooski, and Burlington allow non-citizens to vote in municipal races such as city council and school board.3Ballotpedia. Laws Permitting Noncitizens to Vote in the United States The District of Columbia expanded non-citizen voting in 2023 under the Local Resident Voting Rights Amendment Act, covering mayor, council, attorney general, and other local offices.4D.C. Law Library. D.C. Law 24-242 – Local Resident Voting Rights Amendment Act of 2022
These rights stop at the city line and stop at local offices. A non-citizen who can vote for a city council seat in one of these towns still cannot vote for governor, a state legislator, or anything on the federal ballot.5USAGov. Who Can and Cannot Vote If you are not in one of these specific jurisdictions, assume the answer is no.
Criminal Penalties
A non-citizen who votes in a federal election faces up to one year in prison, a fine, or both under 18 U.S.C. § 611.1Office of the Law Revision Counsel. 18 USC 611 – Voting by Aliens Serious on its own, but for most people the criminal charge is the smaller half of the problem.
Immigration Consequences
Federal immigration law treats unlawful voting as grounds for both deportation and permanent inadmissibility. Under 8 U.S.C. § 1227(a)(6)(A), any non-citizen who has voted in violation of any federal, state, or local law is deportable, including longtime green card holders.6Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens A parallel provision at 8 U.S.C. § 1182(a)(10)(D) makes the same person inadmissible, meaning they cannot re-enter the country or adjust status.7Congressional Research Service. Immigration Consequences of Unlawful Voting by Aliens
USCIS policy directs officers to issue a Notice to Appear against any naturalization applicant found to have voted unlawfully and to deny the application because removal proceedings are pending.8U.S. Citizenship and Immigration Services. Policy Alert: Good Moral Character, Unlawful Voting, and False Claim to U.S. Citizenship in the Naturalization Context The applicant who came in seeking citizenship walks out fighting deportation.
One narrow exception exists in the deportation statute: a non-citizen isn’t deportable for voting if both parents were U.S. citizens, they permanently lived in the United States before age 16, and they reasonably believed they were a citizen when they voted.6Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens It fits very few people.
Registering Is Its Own Trap
You can trigger immigration consequences without ever casting a ballot. Voter registration forms ask whether the applicant is a U.S. citizen. A non-citizen who checks “yes” has made a false representation of citizenship, which is a separate immigration charge from unlawful voting.
Under INA 212(a)(6)(C)(ii), any non-citizen who falsely represents themselves as a U.S. citizen for any purpose or benefit under federal or state law is inadmissible. USCIS policy states that this ground does not require proof of intent, and there is no waiver for false citizenship claims made after September 30, 1996.9U.S. Citizenship and Immigration Services. Determining False Claim to U.S. Citizenship The bar is permanent. Registering alone, without voting, can be enough.
Accidental Registration Through the DMV
Some non-citizens end up on the voter rolls without meaning to be. State DMVs process voter registration alongside driver’s license applications under the National Voter Registration Act, and in some states automatic registration systems add anyone who interacts with the DMV unless they opt out. Data-entry errors, confusing forms, and language barriers all produce mistaken registrations.
USCIS policy is that the agency “will not penalize an applicant who unknowingly or unwillfully registers to vote.” If the applicant never completed or signed the voter registration section of a state benefit application, USCIS will not treat the registration as unlawful. If the applicant did answer “yes” to a citizenship question in order to register, though, the burden shifts to them, and USCIS can find a lack of good moral character where the applicant “knowingly answered ‘yes’ to a question asking whether he or she was a U.S. citizen in order to register to vote.”10U.S. Citizenship and Immigration Services. Naturalization Eligibility and Voter Registration Through a State’s Benefit Application Process
If you’re a non-citizen and you find you’ve been registered, do not vote. Contact your local election office to cancel the registration, and talk to an immigration attorney before you file for naturalization or any other immigration benefit. How you handle it now decides whether it stays a fixable mistake or becomes a permanent bar.
The Only Path to Full Voting Rights
The single lawful route to voting in every U.S. election is naturalization. The basic requirements: be at least 18 and hold a green card for five years, or three years if you’re married to a U.S. citizen.11USAGov. Become a U.S. Citizen Through Naturalization Once you take the Oath of Allegiance you can register immediately, and many ceremonies offer on-site registration.12U.S. Citizenship and Immigration Services. Voter Registration at Administrative Naturalization Ceremonies Until that oath, the answer to whether you can vote is no.