The Department of Homeland Security’s top attorney has directed ICE lawyers to pursue removal proceedings against non-citizens who illegally vote in U.S. elections or falsely claim U.S. citizenship, citing President Trump’s executive order on election integrity.
In a memorandum to attorneys within ICE’s Office of the Principal Legal Advisor, DHS General Counsel Jamie Percival noted that federal immigration law allows for the removal of aliens who unlawfully vote or make false claims of citizenship, including some who are otherwise lawfully present in the United States.
The memo states that a criminal conviction is not required for removal and cites immigration appeals court decisions finding the relevant provisions do not require proof of specific intent. According to the memo, unlawful voting and false claims of citizenship frequently occur together.
Citing the Trump administration’s stated goal of protecting election integrity and enforcing federal election laws, Percival instructed OPLA attorneys to invoke those immigration provisions “to the maximum extent allowed by law” during removal proceedings.
DHS General Counsel Jamie Percival on X
