Understanding Voting Charges for Green Card Holders in California

Recent actions by the Justice Department have brought attention to the legal implications for lawful permanent residents, commonly known as green card holders, who vote in U.S. elections. In California, a series of cases, part of an initiative called Operation Protect the Vote, has led to charges against individuals for voting as aliens. This analysis explores the legal framework, the specific cases, and the broader context surrounding these charges.

The Legal Prohibition Against Noncitizen Voting

Federal law clearly states that non-U.S. citizens, including lawful permanent residents, are not permitted to vote in U.S. elections. This prohibition is a fundamental aspect of U.S. election law, designed to ensure that only citizens participate in the democratic process. While green card holders have many rights and responsibilities, the right to vote in federal, state, and most local elections is reserved for U.S. citizens.

The charge of “voting as an alien” is a misdemeanor offense. For individuals found guilty, the potential penalty can include up to one year in federal prison. However, some cases may involve more serious felony charges, such as making false statements on naturalization applications or fraudulent voter registration, which can carry a maximum penalty of five years in federal prison. It is important to remember that these allegations are not convictions, and individuals are presumed innocent until proven guilty in a court of law.

Recent Cases in California

In October and November 2026, the Justice Department announced a significant number of cases in California targeting individuals accused of illegal voting. These actions are part of a broader effort to uphold election integrity. For instance, two green card holders, Juan Antonio Rivas Garcia and Giezell Viduya Adawag, pleaded not guilty to misdemeanor charges of voting as an alien in separate federal court proceedings.

Prosecutors allege that Rivas Garcia registered to vote multiple times between 2018 and 2022 and subsequently voted in both 2022 and 2024. Adawag is accused of registering and voting in November 2024 after falsely claiming to be a U.S. citizen. These cases highlight the specific accusations made by the government.

The total number of individuals charged in California has been reported to be around 40, with initial announcements from the Justice Department detailing 28 cases on October 19, 2026, followed by additional cases. This indicates a focused effort to address alleged instances of noncitizen voting within the state.

The Role of Voter Lists and Litigation

The federal government has been actively involved in providing states with lists of individuals who may not be U.S. citizens. In one instance, the Justice Department provided California with a list of over 20,000 potential noncitizen registrants. The government sought to have mail-in ballots cast by these individuals set aside for verification.

However, this effort faced legal challenges. The U.S. Supreme Court rejected an emergency request by the Justice Department to separate ballots from approximately 20,000 individuals whose citizenship was in question. Subsequently, the federal government pursued other legal avenues, including lawsuits aimed at removing certain names from California’s voter rolls.

California officials, such as Attorney General Rob Bonta, have stated that illegal voting should be treated as isolated incidents rather than widespread fraud. Election experts also suggest that registration errors or confusion about eligibility can sometimes lead to noncitizens appearing on voter rolls or casting ballots.

Consequences and Advice for Green Card Holders

The legal ramifications for green card holders who vote in U.S. elections can be severe, ranging from fines and imprisonment to potential impacts on their immigration status. It is critical for lawful permanent residents to understand their rights and responsibilities regarding civic participation.

For green card holders who have questions about their eligibility to vote or who may have inadvertently registered or voted, seeking legal counsel is highly recommended. Immigration attorneys can provide guidance on navigating these complex legal issues and understanding the potential consequences. Local election officials are also a resource for information on voter registration and eligibility requirements.

Frequently Asked Questions