As the 2026 election season approaches, immigrants—particularly lawful permanent residents and other non-U.S. citizens—should pay careful attention to voter registration and voting. A mistake in this area can have consequences far beyond the ballot box.
The basic rule is straightforward: non-U.S. citizens generally may not vote in federal elections, and New Jersey and New York currently require U.S. citizenship to vote in their elections. But the legal issues become more complicated when a noncitizen is mistakenly registered through a motor vehicle transaction, signs a voter-registration form without fully understanding it, receives election materials in the mail, or actually casts a ballot.
Depending on what occurred, the consequences can affect immigrants' ability to apply for a green card or naturalization—and in some circumstances may lead to criminal prosecution.
Registration, Citizenship Claims, and Voting Are Separate Issues
First, it is unlawful for a noncitizen to knowingly register to vote, even if they never cast a ballot. A person's name may appear in a voter database because the individual submitted an application, information was transmitted through a government agency, a third party submitted it, or a government computer error occurred.
Second, falsely claiming to be a U.S. citizen is also illegal. Voter-registration processes commonly contain citizenship questions and certifications. Checking the wrong box can have serious consequences, including permanent bar to any immigration benefits.
Third, did the person actually vote? A noncitizen who has actually voted in violation of a federal, state, or local law is generally inadmissible, deportable, and also subject to criminal prosecution.
What Should Someone Affected by the NJ MVC Error Do?
Between June 2023 and June 2024, a New Jersey Motor Vehicle Commission software error caused approximately 6,600 individuals who had indicated they were not U.S. citizens to nevertheless have their information transmitted for voter registration. Most affected registrations had been deleted or rejected for further review, although several hundred affected individuals had voted.
The MVC states that affected individuals may request a personalized letter bearing their name, address, and MVC seal/signature confirming that they were affected by the software error.
New Jersey also advises a noncitizen who believes that he or she was mistakenly registered to contact the Division of Elections or appropriate county Commissioner of Registration to request removal from the voter rolls.
Before submitting an immigration application (e.g., adjustment of status, naturalization), an applicant should first seek advice from an immigration lawyer.
Election-Season Precautions for Noncitizens
Non-U.S. citizens should keep several basic precautions in mind:
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Do not register to vote merely because someone offers you a registration form or says you are eligible.
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Carefully read citizenship questions on DMV and other government forms before signing or electronically certifying them.
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Never state that you are a U.S. citizen unless you actually are one.
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Do not vote merely because you receive a ballot, voter card, or other election material.
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If you discover that you are registered to vote or actually voted in an election, obtain the underlying records and determine how it occurred. See legal advice immediately.
The Bottom Line
For immigrants, a voter-registration issue can range from a government database error to a serious immigration or criminal matter. The difference depends on the facts.
During election season, noncitizens should therefore exercise particular care: understand what you are signing, do not register or vote simply because someone tells you that you may, and obtain qualified legal advice when there is uncertainty about a past registration, citizenship representation, or vote.
(Immigration laws and policies change regularly. If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)
