A 64-year-old Cuban and legal permanent resident in the United States was arrested this Tuesday in Kansas City, Missouri, accused of illegally voting in the federal elections of 2022 and 2024, reported the Department of Justice.
The man, identified as Andrés García, faces two charges for illegally voting as a foreigner, according to the Federal Prosecutor's Office for the Western District of Missouri. The accusation constitutes an allegation and must be proven in court.
Although the charges pertain specifically to the elections of November 2022 and November 2024, the prosecution contends that the Cuban individual has participated in at least 15 elections over the past 20 years, 13 of which were federal.
According to the authorities, García was born in Cuba, the child of Cuban parents, and he emigrated to the United States during his childhood. He obtained legal permanent residency in 2009, but he had already registered to vote in Cass County in 2004.
The Prosecutor's Office also stated that the accused knew he was not a U.S. citizen and yet claimed to be one when he registered to vote in 2004 and again in 2013. Legal permanent residents are not allowed to vote in federal elections, nor in state or local elections in Missouri.
For each of the two charges, García faces a maximum penalty of one year in prison and a fine of up to $100,000, although any sentencing will depend on the court's decision and the applicable federal guidelines.
"When a person who is not legally authorized to vote casts their ballot, it undermines public trust in our elections," stated federal prosecutor R. Matthew Price, who assured that his office will continue to enforce federal election laws.
The case is being investigated by Homeland Security Investigations (HSI) and prosecuted by special assistant attorney Michael J. Nichols.
The official statement does not include comments from García or his defense regarding the accusations.
More cases of illegal voting investigated
The arrest occurred a day after the Department of Justice announced charges against 16 foreigners for election crimes in several states. Among the defendants, another Cuban permanent resident is accused of voting illegally in the 2024 elections. The Department of Justice reminded that all these cases are allegations and that the defendants retain the presumption of innocence.
The Trump administration has intensified investigations this year into possible voting by non-citizens. Reuters reported in September that the Department of Justice had filed charges against 32 individuals in just four weeks, while HSI had around 1,600 open investigations related to this issue.
At the same time, analyses by Reuters and AP have indicated that these cases represent a very small fraction of the American electorate. Reuters found that only 129 individuals had been charged under federal law regarding foreign voting since its enactment in 1996, while AP reported in September that around 1,600 investigations into possible electoral irregularities had so far resulted in approximately 160 arrests.
In addition to potential criminal penalties, a determination that a permanent resident voted illegally can have immigration consequences. The Immigration and Nationality Act includes certain violations related to illegal voting and false claims of citizenship as grounds for deportability, and the U.S. Citizenship and Immigration Services (USCIS) also takes these into account when evaluating future naturalization applications.
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