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Voting Rights · Report · File No. 261026-354

DOJ charges 47 green card holders in five states with illegal voting before midterms

The Justice Department says 47 lawful permanent residents face election charges in five states eight days before the midterms. The cases are separate, and critics say the timing and scale of the push deserve scrutiny.

Every quote in this story (2) was matched word for word against its source. How we work

Shirley Weber
Shirley Weber. Photo: California Secretary of State's office, Public domain

The Justice Department announced election-related charges Monday against 48 people who are not U.S. citizens in five states. Forty-seven of them are lawful permanent residents, commonly called green card holders, accused of illegal voting, false voter registration or related crimes 1. The states are California, Pennsylvania, Florida, New York and Nevada 1.

The 48th defendant, Alfredo Santiesteban, 73, of Cuba, was described by prosecutors as an undocumented immigrant 1. Green card holders may live and work in the U.S. permanently but cannot vote for federal office 1.

What the charges say

The accusations include casting ballots in federal elections, falsely claiming citizenship when registering, and making false statements while seeking naturalization, the process of becoming a citizen 1. They span several election years 1. One defendant, Muñoz, is accused of voting across four election years 1.

These are allegations, not convictions. The Justice Department has not accused the defendants of a single conspiracy. The cases are individual and are being brought in several federal court districts 1.

Federal law generally bars noncitizens from voting in elections that include federal offices. A violation is punishable by a fine, up to one year in prison, or both 1. Falsely claiming citizenship to register or vote can carry up to five years 1.

What officials say

A Department of Homeland Security spokesperson said the department is bringing more than double six cases of election fraud every week, a reference to an Iowa House race decided by six votes in 2020 1. The spokesperson said the prosecutions protect the integrity of elections 1.

The announcement follows a similar one a week ago. On Oct. 19, the department charged 28 green card holders in California. It said it had charged 113 noncitizens in 20 states over seven weeks 2. Acting Deputy Attorney General Trent McCotter said then that the department "will not look the other way while noncitizens vote in federal elections" 2.

This Department of Justice will not look the other way while noncitizens vote in federal elections.
Trent McCotter, Acting Deputy Attorney General, Justice Department2

The pushback

In the California case, many of those charged were accused of false statements on naturalization papers, and some did not appear to have voted at all 2. Some registered more than 20 years ago 2. The department also asked a federal court to stop California from processing ballots from about 20,000 voters it calls "likely noncitizens" 2.

California Secretary of State Shirley Weber called the department's demands "an unprecedented suspension — and even denial — of voting rights" 2. UCLA election law expert Rick Hasen said the allegations amount to "quite a small number" among more than 20 million registered California voters 2.

Shirley Weber
an unprecedented suspension — and even denial — of voting rights.
Shirley Weber, California Secretary of State2

That matters because the charges are real cases, but the scale is small next to the election's size. Experts quoted by NPR say noncitizen voting has never been found to be a widespread problem, and that past cases often trace to bureaucratic error 2. The timing, days before voters decide control of Congress, invites questions about whether the aim is deterrence or headlines. The department's own statement says deterrence is a goal 1.

What happens next

Each defendant will answer the charges in court, and the immigration consequences for any one person are not yet set 1. Election Day is Tuesday, Nov. 3. Courts have yet to settle the California ballot fight 2.

The Record

  1. DOJ charged 28 green card holders in California and said it had charged 113 noncitizens in 20 states over seven weeks 2.
  2. DOJ announced charges against 48 noncitizens in five states, 47 of them green card holders 1.

Sources

  1. Newsweek, “47 Green Card Holders Charged by Trump DOJ With Illegal Voting: Full List” (2026-10-26). newsweek.com/47-green-card-holders-charged-by-trump-doj-with
  2. NPR, “DOJ charges 28 in California with voting crimes as election tensions escalate” (2026-10-19). kunc.org/2026-10-19/election-tensions-escalate-in-california

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