Do illegal aliens vote

Checked on January 28, 2026
Disclaimer: Factually can make mistakes. Please verify important information or breaking news. Learn more.

Executive summary

Illegal voting by noncitizens in U.S. federal and statewide elections is illegal and documented to occur, but the best available reporting shows it is extremely rare in detectable numbers; claims that it is rampant are contradicted by multiple audits and expert analyses even as some conservative studies and recent state reviews report higher counts that continue to fuel partisan fights over election rules [1].

1. What the law says and where noncitizens can legally vote

Federal law bars noncitizens from voting in federal elections and makes registration or voting by noncitizens a criminal immigration offense, while a small number of local jurisdictions do permit noncitizens to vote in certain municipal or school-board contests — a distinction that matters for how “illegal voting” is defined and investigated .

2. Empirical evidence: rare but not zero

Multiple mainstream analyses find only tiny numbers of referrals or proven cases relative to the size of the electorate — for example, a Brennan Center review of 23.5 million votes identified about 30 suspected noncitizen-voting referrals (roughly 0.0001% of votes), and the Heritage Foundation’s database recorded only a few dozen proven cases over decades — evidence consistently described as “incredibly rare” by researchers .

3. Why some reviews report higher figures

Recent conservative-led checks using the Department of Homeland Security’s SAVE database and other methodologies have flagged larger counts of noncitizens on rolls in some states, and advocacy research like Just Facts has produced estimates implying far higher registration and voting rates for noncitizens by using alternate assumptions and linkage techniques — producing headline-grabbing ranges (e.g., 10–27% registered in one analysis) that conflict with other peer-reviewed work and carry wide uncertainty margins [1].

4. Methodology matters: databases, false positives and context

Discrepancies stem from divergent methods: cross-matching voter rolls with immigration databases not designed for mass verification can generate false positives (SAVE was not built for bulk vetting), driver’s-license glitches and record mismatches sometimes place noncitizens on rolls even when they later naturalized, and differences in sample periods and definitions (registered vs. actually voted) change the headline numbers substantially [1].

5. The political stakes and motivations behind claims

Claims of widespread illegal voting have become a political lever: some actors use higher estimates to argue for stricter proof-of-citizenship or ID rules, while voting-rights groups and election officials warn such claims can mask efforts at voter suppression and are sometimes advanced without robust empirical backing — both the Brennan Center and the American Immigration Council explicitly link vigorous rhetoric to partisan agendas .

6. Real-world consequences and enforcement

Where noncitizen voting has been proven, prosecutions and roll removals have followed (some state reviews report thousands removed or flagged), showing that detection is possible and that states vary in how vigorously they pursue and clean rolls; at the same time, courts and civil-rights groups have challenged sweeping documentary-proof schemes as unnecessary and burdensome given the low detected incidence .

7. Bottom line: direct answer

Yes — some noncitizens, including unauthorized immigrants, have voted in U.S. elections, but available, contemporary reporting and audits indicate such instances are exceptionally uncommon in federal and statewide contests; estimates vary widely depending on data and methods, and the debate is as much about methodology and political intent as about raw incidence [1].

Want to dive deeper?
How do SAVE database audits work and what are their limits for verifying voter citizenship?
What documented prosecutions exist for noncitizen voting in the last 20 years and what patterns do they show?
How would requiring documentary proof of citizenship change registration and turnout in different states?