Donald Trump and his Republican allies have consistently raised concerns that Democrats are working to enable illegal immigrants to vote in U.S. elections. During a presidential debate with Kamala Harris, Trump asserted, “Our elections are bad, and a lot of these illegal immigrants coming in, they’re trying to get them to vote.”
Since early September, BBC Verify has identified over 100 paid ads on Facebook and Instagram by Republicans focused on this issue. Although it is illegal for non-U.S. citizens to vote in federal elections, studies indicate that instances of non-citizen voting are extremely rare.
Laws to Prevent Non-Citizen Voting
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 explicitly prohibits non-citizens, including undocumented immigrants, from voting in federal elections. Violation of this law can result in imprisonment, fines, and deportation.
Under federal law, states use a standard voter registration form requiring individuals to declare U.S. citizenship under penalty of perjury, though no documentary proof is mandated. According to Jasleen Singh, a voting expert with the Brennan Center for Justice, “That first step of having to tick a box saying you’re a citizen to register to vote is a huge deterrent for illegal immigrants, as it’s hugely risky to lie.”
States often cross-reference voter rolls with databases from U.S. Citizenship and Immigration Services, as well as with death certificates and postal records, to ensure that non-citizens, deceased individuals, and out-of-state residents are not included in voter registries. Polling stations maintain lists of eligible voters; non-citizens attempting to vote would be turned away or required to cast provisional ballots, which are only counted if citizenship is verified, explains Prof. Ronald Hayduk, a voting rights expert at San Francisco State University.
While non-citizens are barred from voting in state-wide elections, some municipalities in California, Maryland, Vermont, and Washington D.C. allow non-citizen voting in select local elections, such as school board elections.
Evidence of Non-Citizen Voting
Numerous studies, from both conservative and progressive organizations, indicate that incidents of non-citizen voting in U.S. federal elections are rare. For example, the Brennan Center for Justice conducted a study involving interviews with 44 election officials across 12 states during the 2016 election. Out of 23.5 million votes, only about 30 suspected cases of non-citizen voting were referred for further investigation—approximately 0.0001% of all votes cast.
The Heritage Foundation, a conservative research institution, reviewed a database of election fraud cases from 1999 to 2023, finding 77 cases of non-citizens voting. Other reports, including those from the Cato Institute, conclude that detectable instances of illegal voting by non-citizens are minimal. Walter Olson, a senior fellow at the Cato Institute, notes, “According to many sources of evidence, the number of non-citizens who vote in elections is very small. It’s not zero—some people slip through the cracks for various reasons—but it’s nowhere near at the level to impact the outcome of an election.”
Republican Cited Evidence and Legislative Efforts
Republican leaders have cited isolated audits of voter rolls showing non-citizen registration as evidence of the need for stricter voting requirements. The Safeguard American Voter Eligibility (SAVE) Act, a Republican initiative that would require proof of citizenship to register to vote, was introduced in the House of Representatives but has not passed.
House Majority Leader Mike Johnson has cited Ohio, Pennsylvania, and Georgia—key battleground states—as examples of states with instances of non-citizen voter registration. In Ohio, a review of eight million registered voters resulted in 597 cases referred for further investigation of non-citizens registering to vote. In Pennsylvania, a technical glitch in state driver’s license centers incorrectly displayed a voter registration option to non-citizens between 2006 and 2017, resulting in 544 ballots potentially cast by non-citizens out of over 93 million since 2000. Meanwhile, Georgia’s 2022 voter roll review flagged 1,634 individuals who had attempted to register to vote but lacked verification.
“Voter fraud and illegal immigrants voting is so rare that this myth is to sow doubt in election integrity and lay the groundwork to cast doubt on the election outcome,” argues Ms. Singh.
Republican Ads Intensify Concerns
BBC Verify found 118 paid ads by Republican candidates or groups on Facebook and Instagram since September 1, claiming widespread non-citizen voter registration or questioning if non-citizens should be allowed to vote. The ads reached an estimated 7.8 to 9 million users, with one ad—receiving over 2.4 million views—prompting users to respond to the question: “Should illegal immigrants be allowed to vote?” Congresswoman Ann Wagner’s ad, which gained over 900,000 views, posed a similar question.
These advertisements amplify concerns about election integrity and voter eligibility, even as evidence suggests non-citizen voting remains exceedingly uncommon.