Fact Check: Are Democrats ‘Trying to Give Illegal Immigrants the Right to Vote’?

In some states, Democrats are even trying to give illegal immigrants the right to vote. They want to give them the right to vote,” President Donald Trump told a Florida crowd on Wednesday. “We believe that only American citizens should vote in American elections,” he continued.

Are Democrats in some states “trying to give illegal immigrants the right to vote”?

It should be noted up front that it is illegal for undocumented immigrants to vote in federal elections. As 18 USC 611: Voting by Aliens states:

(a) It shall be unlawful for any alien to vote in any election held solely or in part for the purpose of electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, unless-
(1) the election is held partly for some other purpose;
(2) aliens are authorized to vote for such other purpose under a State constitution or statute or a local ordinance; and
(3) voting for such other purpose is conducted independently of voting for a candidate for such Federal offices, in such a manner that an alien has the opportunity to vote for such other purpose, but not an opportunity to vote for a candidate for any one or more of such Federal offices.
(b) Any person who violates this section shall be fined under this title, imprisoned not more than one year, or both.
(c) Subsection (a) does not apply to an alien if-
(1) each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization);
(2) the alien permanently resided in the United States prior to attaining the age of 16; and
(3) the alien reasonably believed at the time of voting in violation of such subsection that he or she was a citizen of the United States.


In some localities, certain undocumented immigrants are allowed to vote for particular elections. Take San Francisco’s recent Proposition N, which voters passed 54 percent to 46 percent in 2016. The proposition allows particular undocumented immigrants (who are old enough and are the legal caretakers/parents of children in San Francisco under the age of 19) to vote in in School Board elections. San Francisco’s government website specifies:

Proposition N is a Charter amendment that extends the voting rights in San Francisco School Board elections to non-citizen residents of San Francisco who are of legal voting age, not in prison or on parole for a felony conviction, and who are parents, legal guardians, or legally recognized caregivers of children under the age of 19 living in San Francisco.


One potentially harrowing clarification the website makes is that “any information you provide to the Department of Elections, including your name and address, may be obtained by Immigration and Customs Enforcement (ICE) and other agencies, organizations, and individuals.”

Several towns and cities in Maryland allow non-citizens to vote as well, with College Park becoming the largest U.S. municipality to let undocumented immigrants vote in municipal elections in 2017. (The number of non-citizens who take up these opportunities is, however, rather small.)

Ultimately, it’s difficult to parse the exact accuracy of Trump’s statement. Federal law expressly prohibits illegal immigrants from voting in federal elections, but Trump does not specifically reference federal elections. He says that this is happening “in some states.” But there are no state-level elections where Democrats are giving illegal immigrants the right to vote, either. There are, however, at least a few municipal-level elections where Democrats have pushed to give certain groups of undocumented immigrants the ability to vote in specific local elections.

So on the one hand, Trump’s assertion is not true in the broad sense, but is true in the technical sense. But on the other hand, if you want to get even more precise, it’s not true in the technical sense because these are not state-level elections we’re talking about. And on the third hand, if you’re dead-set on finding a way that Trump’s statement is true, then you can go to an even deeper technical level by saying that these municipal elections are happening “in”—meaning, inside the geographic boundaries—of states. So the ultimate truth or falsity here rests on what the meaning of the word “in” is. Bill Clinton would be proud.

If you have questions about this fact check, or would like to submit a request for another fact check, email Holmes Lybrand at [email protected] or the Weekly Standard at [email protected]. For details on TWS Fact Check, see our explainer here.

Related Content