As of January 2024, 12.8 million green card holders were living in the United States, based on estimates from the Office of Homeland Security Statistics (OHSS). These are non-citizens who have been granted permission to live and work permanently in the U.S.
Also known as legal permanent residents (LPRs), green card holders generally have many of the same rights as United States citizens, including the ability to live anywhere, own property, and be protected by all U.S. laws. They can also work for any employer, unless the job requires United States citizenship, as in the case of certain government positions.
However, there is one right that is noticeably absent from this list. Can green card holders vote? The expectation of support for a democratic form of government often leads to the common misconception that, like citizens, green card holders also have voting rights.
If you are a green card holder, it is important to understand voting eligibility to avoid legal consequences, and this article provides a comprehensive overview of U.S. voting rights that can guide you.
Legal Framework: Who Can Vote in U.S. Elections?
Eligible individuals who wish to vote in United States federal, state, or local elections must first register to vote, except if they live in North Dakota. A person must meet the following federal and state requirements to register to vote:
- Be a U.S. citizen
- Be at least 18 years old by the date of the election
- Meet the state voter registration deadline
- Meet certain residency requirements, including residency in the jurisdiction or area where voting
Can green card holders vote? According to U.S. Citizenship and Immigration Services (USCIS), green card holders cannot vote in federal, state, or local elections. It is a key difference when it comes to the rights of US citizens and legal permanent residents.
Can Green Card Holders Vote?
Permanent resident rights include many of the privileges United States citizens enjoy, including work, residency, and legal protections. However, political participation by green card holders is limited.
This is due to their status as non-citizens. The restriction is based on the principle that the democratic voting process is typically reserved for citizens born in the country or those who have sworn allegiance to the nation through the naturalization process.
Although non-citizen voting rules are clear, there have been some exceptions at the state level. Some local jurisdictions, including three cities in Vermont, allow non-citizens to vote in local elections.
In 2021, the New York City Council passed a measure that would allow non-citizens, legally in the country, to vote in the municipal elections. However, according to Reuters, the law was struck down earlier this year by the Court of Appeals, which ruled that it violates the state constitution.
The article went on to state that more than a dozen US cities and towns allow voting by non-citizens in some local elections. If you believe this applies to your city, check specific local laws and learn the voting process for immigrants.
Consequences of Illegal Voting by Green Card Holders
There are legal penalties under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 for violations involving non-citizen voting. Unlawful voting by a green card holder could bar them from admission into or subject them to removal from the country. Other possible consequences include fines, imprisonment, or disqualification from obtaining U.S. citizenship or visas.
Even if a legal permanent resident registers to vote but does not, this can trigger these consequences, especially if they have made false claims about citizenship to do so.
The USCIS has a strong stance on illegal voting. The offense can trigger a conditional or permanent bar to good moral character (GMC), which can impact the naturalization process, including the inability to become a U.S. citizen. They also have measures in place that allow an individual’s immigration status or citizenship to be verified.
How Green Card Holders Can Participate Legally
After going through the process of understanding green card eligibility and applying, legal permanent residents receive a green card that is typically eligible for 10 years. During this time, a green card holder can establish roots in a specific city, becoming a contributing member of a community. It may seem unfair that their ineligibility to vote bars them from making crucial decisions that could affect their future.
However, there are other ways they can participate in civic life through legal means, including:
- Joining local clubs involved in voter engagement
- Volunteering with organizations that advocate for change
- Dedicating time to charities or community initiatives
- Fundraising and philanthropy for causes that make a difference
- Attending community meetings to stay informed about local issues
- Starting new initiatives that create solutions for community needs
These are all great ways non-citizens can contribute while pursuing a pathway to voting rights. The naturalization process involves:
- Meeting specific eligibility requirements
- Completing the application process
- Participating in an interview and testing
- Taking an oath of allegiance
The timeline can take nine months or longer and includes application fees. It is also advisable to get legal assistance, especially if there are complex situations or concerns. However, once naturalized, you can enjoy all the benefits of U.S. citizenship, including voting rights.
Recent Legislative Developments and Proposals
Recent bills, including the SAVE Act, are continuing to reinforce voting eligibility rules. It requires documentary proof of citizenship for voter registration. And, as seen in recent cases, there is also ongoing debate about voting rights for non-citizens, namely in local elections.
Green card holders need to stay informed, as legislative developments and proposals could change their voting status.
Understanding Voting Laws to Avoid Legal Consequences
In this article we’ve explored the limitations of green card holders when it comes to voting. Despite having many of the rights of a U.S. citizen, green card holders generally cannot vote in U.S. elections, except in limited local circumstances. As a legal permanent resident, it is important to understand voting laws to avoid serious legal consequences. It may also be beneficial to consider naturalization to gain full voting rights.
The attorneys at Vanderwall Immigration can help you navigate the naturalization process, which can become complicated for some. We understand the issues that can arise from personal experience, which drives us to provide high-quality services at affordable prices for our clients. Contact us so we can do the same for you and your family.
