Immigration Newsletter: Grounds for Removal — Unlawful Voters

Grounds for removal generally
The Immigration and Naturalization Act (INA) sets certain grounds for removal of aliens who are in the United States. There are six categories of "removal" grounds. These are: 1) inadmissible at time of entry or of adjustment of status or violates status; 2) criminal offenses; 3) Failure to register and falsification of documents; 4) security and related grounds; 5) public charge; and 6) unlawful voters.

Unlawful Voters - General Rule
The sixth category, unlawful voters, was added by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Generally, it provides that any alien who has voted in violation of any federal, state, or local constitutional provision, statute, ordinance, or regulation is removable. Local elections include initiatives, referendums, and recall votes.

Exception
An exception to the general unlawful voter removal rule applies if three circumstances are present: 1) each parent of the alien is or was a United States citizen; 2) the alien permanently resided in the United States prior to attaining 16 years of age, and 3) the alien reasonably believed that he or she was a United States citizen at the time of the voting violation.