Unlawful voting by noncitizens does occasionally occur but is exceptionally rare. In a study by the Brennan Center on the 2016 general election, there were only an estimated 30 incidents of suspected noncitizens voting, out of 23.5 million tabulated votes. The libertarian Cato Institute also found in a study that noncitizens do not vote in detectible numbers.

Anecdotally, what does occur with some regularity is accidental voter registration. It is important for non-U.S. citizens to be aware that registering to vote (even unintentionally) and unlawful voting can have serious consequences and can even jeopardize their legal status. Legal permanent residents are not permitted to register to vote or vote in federal elections, as such activities are restricted to U.S. citizens.

There are many policies these days that make registering to vote much easier and have led to noncitizens registering, including allowing potential voters to register at the Department of Motor Vehicles when obtaining a driver’s license or state ID card. Due to this streamlined process, and language barriers, noncitizens will occasionally register to vote without intending to do so, often with the assistance of DMV employees. In response, USCIS has clarified in 2021 that they will not penalize an applicant who unknowingly or unwillingly registers to vote.

Any LPR that discovers he or she has improperly registered to vote should unregister immediately and should contact an immigration attorney to determine the implications to their legal status and their ability to naturalize. Unlawful registration can be deemed a deportable offense, as can be falsely claiming to be a U.S. citizen on the registration forms.

Additionally, with several jurisdictions expanding voting rights to noncitizens for local elections, the federal election season can create confusion for some foreign nationals in determining what elections they can and cannot vote in. While some municipalities allow very permissive voting policies, only U.S. citizens over the age of 18 may vote in federal and statewide elections.