The Justice Department sent letters to all 50 states warning election officials they could face criminal prosecution for keeping noncitizens on voter rolls.
Federal law under 18 U.S.C. § 611 already makes it a crime for noncitizens to vote in federal elections, punishable by fines and up to one year in prison.
The 1993 National Voter Registration Act limits how and when states can purge voter rolls, requiring a systematic process completed at least 90 days before a federal election.
A 2016 Brennan Center review of 42 jurisdictions found roughly 30 suspected noncitizen votes out of 23.5 million ballots cast, a rate of about 0.0001%.
Since 2023, states including Alabama, Virginia, and Texas have announced large-scale noncitizen voter roll removals, some of which were partially reversed by federal courts.