Attorney Marlene Dougherty Shares Law on Registering Aliens to Vote

By Marlene Dougherty

Attorney Marlene Dougherty

Voter registration cards state in various terms that by signing a person is stating that they are a US Citizen. Pursuant to 18 USC § 911, “Whoever falsely and willfully represents himself to be a citizen of the United States shall be fined under this title or imprisoned not more than three years, or both.”

Many politiqueras have registered aliens to vote, perhaps believing that it was lawful, however given section 911 and the signature line of the registration form I don’t see how anyone could think it was lawful. The politiqueras did not consider all aspects of the law while engaging in those acts. The Federal criminal law allows for the vote of an alien in a local election, if certain elements are met, but an alien may not vote in national elections, 18 USC § 611. 

Where the unwary voter runs awry is with the Immigration and Nationality Act, which is stricter than the criminal code. Pursuant to 8 USC § 1182 (a)(10)(D)[INA § 212(a)(10)(D)] “Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is inadmissible. If the person is already a lawful permanent resident (LPR) they may be placed in removal proceedings and charged with 8 USC § 1227 (a)(6)(A)[INA § 237(a)(6)(A)], which states “Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable.” 

Even if a person could somehow wiggle their way around the criminal code, the expense of defending oneself in removal proceedings is no small cost, financially or emotionally. Politiqueras probably already know what they are doing is unlawful; otherwise, they would have no reason not to be forthcoming about their acts. Do not let the vulnerable be exploited. People who immigrate to this country, lawfully, or otherwise may easily fall prey to people with some semblance of authority who offer to help them. The demise should be on the politiqueras, historically it has not been. Here’s hoping for that to change!