A 64-year-old Cuban man, residing legally in the United States, was taken into custody in Kansas City, Missouri, on Tuesday. He faces charges for allegedly voting unlawfully in the federal elections of 2022 and 2024, according to the Department of Justice.
The individual, named Andrés García, has been charged with two counts of illegal voting as a non-citizen, as announced by the U.S. Attorney’s Office for the Western District of Missouri. These charges are allegations and will need to be proven in court.
While the charges are tied specifically to the elections in November 2022 and November 2024, the prosecution claims García may have participated in at least 15 elections over the past two decades, 13 of which were federal.
Authorities report that García was born in Cuba to Cuban parents and moved to the United States as a child. He became a lawful permanent resident in 2009, yet he had registered to vote in Cass County as early as 2004.
The prosecution further asserts that García was aware of his non-citizen status but still declared himself as a U.S. citizen when registering to vote both in 2004 and again in 2013. Legal permanent residents are not permitted to vote in federal elections, nor in Missouri's state or local elections.
For each of the two charges, García could face a maximum penalty of one year in prison and a fine of up to $100,000, though the actual sentence will be determined by the court and applicable federal guidelines.
"When an individual who is not legally authorized to vote casts a ballot, it undermines public trust in our elections," stated U.S. Attorney R. Matthew Price. He emphasized that his office is committed to enforcing federal election laws.
The case is being investigated by Homeland Security Investigations (HSI) and prosecuted by Special Assistant U.S. Attorney Michael J. Nichols.
The official statement did not include comments from García or his defense regarding the allegations.
Ongoing Investigations into Illegal Voting
The arrest occurred just a day after the Department of Justice announced charges against 16 non-citizens for election-related offenses in various states. Among those charged is another Cuban permanent resident accused of voting illegally in the 2024 elections. The Department of Justice reiterated that these are allegations, and the defendants retain the presumption of innocence.
The Trump administration has intensified investigations this year into potential illegal voting by non-citizens. In September, Reuters reported that the Department of Justice charged 32 individuals within a span of four weeks, while HSI has about 1,600 open investigations on this matter.
Despite the heightened scrutiny, analyses by Reuters and AP indicate that these cases comprise a very small fraction of the U.S. electorate. Reuters found that since the federal law against non-citizen voting was enacted in 1996, only 129 individuals have been charged. AP noted in September that approximately 1,600 electoral irregularity investigations have resulted in around 160 arrests.
Beyond potential criminal penalties, a determination that a permanent resident voted illegally could have immigration repercussions. The Immigration and Nationality Act considers certain violations related to illegal voting and false claims of citizenship as grounds for deportation, and the U.S. Citizenship and Immigration Services (USCIS) takes them into account when evaluating future naturalization applications.
Implications and Consequences of Illegal Voting in the U.S.
What are the charges Andrés García is facing?
Andrés García is facing two counts of illegal voting as a non-citizen in the federal elections of 2022 and 2024.
What are the potential penalties for illegal voting in the U.S.?
The penalties for illegal voting can include up to one year in prison and a fine of up to $100,000 for each count, though sentencing is subject to court discretion and federal guidelines.
How does illegal voting affect immigration status?
Illegal voting can lead to immigration consequences, including deportation, as it is considered a violation of the Immigration and Nationality Act related to false claims of citizenship.