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U.S. Senator Cindy Hyde-Smith (R-Miss.) and U.S. Representative Michael Guest (R-Miss.) today joined lawmakers demanding answers from U.S. Attorney General Merrick Garland on U.S. Department of Justice (DOJ) actions to prevent aliens from registering to vote in American elections.
Hyde-Smith and Guest are among 64 lawmakers who signed a letter to Garland seeking information on the number of non-citizens who have been charged, tried, or convicted for registering to vote in a federal election, and what steps the DOJ is taking to deter non-citizens from registering to vote.
“As you are likely aware, the United States has experienced a record number of border encounters since President Biden took office—nearly 10 million—many of whom have been released into, or evaded apprehension while entering, the U.S.,” the Members of Congress wrote. “We’re writing to inquire regarding the efforts undertaken by your Department to enforce the law that prohibits non-citizens from voting in our elections.”
Federal law prohibits aliens from voting or registering to vote in federal elections, as well as making false claims of U.S. citizenship. However, state officials across the country have recently taken steps to prevent, deter, and investigate cases of illegal voter registration by non-citizens, including in South Carolina, Georgia, Ohio, and Tennessee.
“Plainly, there are opportunities for and instances of non-citizen voter registration, and so the critical question is whether the laws against doing so are being enforced by your Department,” the Members of Congress continued. “There appear to have been few prosecutions by your Department under these laws, and there is no indication that you have been pursuing cases in places like Georgia and Ohio where aliens have been caught registering or voting.”
In their letter, the members of Congress requested the following information by July 19, 2024, in order “to promote public trust”:
Please provide the number of aliens who have been charged, tried, or convicted under 18 U.S.C. § 611 since January 20, 2021, including the status of each case.
Please provide the number of aliens who been charged, tried, or convicted under 52 U.S.C. § 20511 since January 20, 2021, including the status of each case.
Please provide the number of aliens who have been prosecuted under 18 U.S.C. § 911 since 2021, including the status of each case.
Please provide the number of referrals received from other government officials or the public in reference to the statutes cited in questions 1 through 3.
How does the Department of Justice investigate allegations received of non-citizen voting or voter registration?
What affirmative steps has the Department of Justice taken to detect, prevent, and deter illegal aliens and other non-citizens from registering and voting in federal elections?
What affirmative steps has the Department taken to obtain relevant information from the Department of Homeland Security on aliens who have registered or voted in elections?
What steps have been taken by U.S. Attorneys and the Public Integrity Section of the Criminal Division, which is responsible for prosecuting election crimes and assisting U.S. Attorneys in prosecuting election crimes, to obtain jury-related information that indicates aliens have unlawfully registered to vote?
As the 2024 election nears, what steps will the Department take to detect, investigate, and prosecute non-citizens who violate 18 U.S.C. § 911, 52 U.S.C. § 20511, or 18 U.S.C. § 611 by voting or registering to vote in the 2024 election?
U.S. Senator Bill Hagerty (R-Tenn.) and U.S. Representative Andy Biggs (R-Ariz.) spearheaded the letter, which was signed by 22 Senators and 42 House Members.
Read the signed letter here.
