Voter Integrity Protection Act
- Sponsor
- Rep. Biggs, Andy [R-AZ-5]
- Committees
- Judiciary Committee (primary)
- Last action
- Jan 3, 2025
Bottom line
This bill significantly increases the legal penalties and immigration consequences for unlawfully present aliens who vote in federal elections, making it an aggravated felony and a direct ground for deportation.
What it actually does
This bill amends the Immigration and Nationality Act to classify voting in a Federal election by an unlawfully present alien as an aggravated felony. It also explicitly designates such an offense as a deportable offense, significantly increasing the legal and immigration consequences for non-citizens who unlawfully participate in federal elections.
Proponents argue
Proponents argue this bill strengthens election integrity by deterring non-citizens from voting, ensuring that only eligible citizens participate in federal elections, and providing clear, severe legal consequences for violations. They emphasize the importance of maintaining the sanctity and security of the ballot box as a cornerstone of democratic governance.
Opponents contend
Opponents might argue that existing laws already prohibit non-citizens from voting and that this bill is redundant or aims to create a chilling effect on immigrant communities. They may contend it is an overly punitive measure that could lead to increased fear and confusion, potentially impacting even eligible voters, and serves more as a political statement than a substantive solution to a widespread problem.
The bill is exceptionally short and easy to read, allowing for quick comprehension of its provisions and their direct implications.
Section 2(a)
Designating Unlawful Voting by Aliens as an Aggravated Felony
This provision amends Section 101(a)(43) of the Immigration and Nationality Act to add a new subparagraph (V), which explicitly classifies an offense described in section 611 of title 18, United States Code—specifically, voting in a Federal election by an alien who is unlawfully present in the United States—as an "aggravated felony." This designation significantly escalates the legal consequences under immigration law, leading to severe outcomes such as mandatory detention, bars to various forms of immigration relief, and often, permanent inadmissibility to the U.S. for those convicted. It ensures that such an act is treated with the utmost seriousness within the immigration system.
Supporters argue
Supporters argue that classifying this offense as an aggravated felony provides a stronger deterrent against non-citizen voting and ensures that those who violate election laws face serious consequences, aligning with the gravity of undermining democratic processes and national sovereignty.
Critics contend
Critics might argue that existing penalties are sufficient and that this reclassification is overly punitive, potentially leading to disproportionate outcomes for individuals who may have voted unintentionally or due to misinformation, without adequate consideration for individual circumstances.
Tradeoffs
This provision balances the desire for strict election integrity enforcement with concerns about the severity and potential inflexibility of immigration consequences for a specific offense, which could be applied broadly.
Section 2(b)
Making Unlawful Voting by Aliens a Deportable Offense
This provision amends Section 237(a)(2) of the Immigration and Nationality Act by adding a new subparagraph (G), which explicitly states that any alien who is unlawfully present in the United States and who knowingly commits a violation of section 611 of title 18, United States Code (unlawful voting in a Federal election), is deportable. This amendment codifies unlawful voting as a direct and specific ground for removal from the United States, making it unequivocally clear that such an act will result in deportation. It streamlines the process for immigration authorities to initiate removal proceedings against individuals found to have committed this offense, reinforcing the principle that voting is a privilege reserved for citizens.