Homeland Security's general counsel directs ICE to pursue deportation for unlawful voting
DHS General Counsel James Percival directed U.S. Immigration and Customs Enforcement to enforce stricter penalties, including deportation, for aliens who illegally vote in American elections.
What happened
DHS said the direction was given in a letter to ICE leadership, and that the Immigration and Nationality Act directs the removal of aliens who illegally vote or make a false claim to U.S. citizenship. The department said these provisions even allow for the removal of aliens legally in the U.S. if they illegally participate in elections, and that a criminal conviction is not required to invoke them. Percival said that illegal voting by aliens dilutes the votes of American citizens and undermines our democracy, and that it must have consequences.
Why it matters
Making removal the consequence of a suspected voting-eligibility problem, on a directive that states no criminal conviction is required, shifts the question out of adjudication and into immigration enforcement. Because the department says the provisions reach people lawfully present, the exposure is not confined to those without status, and it is borne at the point of deciding whether to register at all. Pressure applied there works on who takes part in the process rather than on how the count is run.