A 64-year-old Cuban and legal permanent resident in the United States was arrested this Tuesday, 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 voting illegally as a foreigner, according to the Federal Prosecutor's Office for the Western District of Missouri. The accusation is an allegation and must be proven in court.
Although the charges specifically relate to the elections of November 2022 and November 2024, the Public Prosecutor's Office claims that the Cuban would have 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 to Cuban parents and 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 claims that the accused knew he was not a U.S. citizen and yet declared himself to be one when registering to vote in 2004 and again in 2013. Legal permanent residents cannot 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 sentence will depend on the court's decision and the applicable federal guidelines.
"When a person who does not have legal authorization to vote casts their vote, 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 took place a day after the Department of Justice announced charges against 16 foreigners for election-related crimes in several states. Among the defendants, there is another Cuban permanent resident accused of illegally voting in the 2024 elections. The Department of Justice reminded that all these cases are allegations and that the defendants maintain the presumption of innocence.
The Trump administration has intensified investigations this year into possible votes by non-citizens. Reuters reported in September that the Department of Justice had brought charges against 32 individuals in just four weeks, while HSI maintained about 1,600 ongoing 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 U.S. electorate. A report from Reuters published this year counted 129 individuals charged under federal law regarding foreign voting since its approval in 1996, although the agency later noted that at least 20 more had been charged under that statute. AP reported in September that around 1,600 investigations related to electoral fraud had resulted in approximately 160 arrests up to that point.
In addition to potential criminal penalties, a determination that a permanent resident voted illegally may have immigration consequences. The Immigration and Nationality Act cites certain violations related to illegal voting and false claims of citizenship as grounds for deportation, and the United States Citizenship and Immigration Services (USCIS) also considers these when evaluating future naturalization applications.
Filed under: