UNITED STATES · IMMIGRATION
Key Facts
- What is happening US Homeland Security Secretary Markwayne Mullin warned on 3 November that people who vote illegally will be prosecuted.
- Why it matters The warning came on Election Day and addresses people who are not eligible to vote, including some immigrants.
- The numbers Federal law allows up to one year in prison for noncitizen voting and five years for false citizenship claims.
- Who is who Mullin leads the Department of Homeland Security, which oversees immigration enforcement through ICE and border agencies.
- What to watch Whether the department names cases, whether prosecutors bring charges, and how courts treat disputed California ballots.
- What it means for you Green card and visa holders cannot vote in federal elections; illegal voting risks prosecution and deportation.
- Power Index Mexico ranks 2nd of 14 in The Rio Times Latin America Power Index, with 71.4 points (October 2026 edition).
The US Homeland Security chief told people who are not eligible to vote that the government will find and prosecute them. The message was posted as Americans voted in the midterm elections.
US Homeland Security Secretary Markwayne Mullin warned on Tuesday, 3 November, that people who vote illegally will be found and prosecuted. He posted the message on X as polls were open in the 2026 midterm elections.
Mullin told ineligible voters the department “will find you, hunt you down”. They would be prosecuted “to the fullest extent of the law”, he said, adding: “Only American citizens should be deciding American elections”.
What the Warning Means in Law
Federal law makes it a crime for a noncitizen to vote in an election for president, senator or member of Congress. The penalty is a fine, up to one year in prison, or both.
A separate provision punishes a false claim of citizenship to register or vote with up to five years in prison. A noncitizen who votes illegally can also be deported, with a narrow exception for people raised in the US by citizen parents.
Who Is Markwayne Mullin
Mullin is the head of the Department of Homeland Security, the federal agency that runs immigration enforcement, border security and customs. Immigration and Customs Enforcement, known as ICE, is part of it.
The department is not an election authority, because states and counties run elections in the United States. Prosecutions for illegal voting are brought by the Justice Department and local prosecutors.
The California Ballot Dispute
The warning comes while the Trump administration is in court over about 20,000 California ballots from suspected noncitizens. A federal judge declined in late October to order them set aside, warning it would “wreak havoc”.
Its current court status is not confirmed here. Related reports cover the judge’s ruling and the Latino voter survey.
What It Means for You
Only US citizens may vote in federal elections, so permanent residents with green cards, students and workers on visas cannot. Naturalized citizens, who became citizens through the naturalization process, have the same voting rights as people born in the country.
Anyone unsure about eligibility should check with the state election office or an immigration lawyer before registering. See also the Mexican diaspora explainer, the Texas results report, the Mexico hub and the Mexico City page.
What Is Not Known
Mullin’s post named no case, state or number of suspected illegal voters. It is not known whether the department has opened any new investigation tied to the 3 November vote.
No confirmed report of immigration agents at polling places on Election Day has been found. His post cites no court finding about illegal voting in this election.
What Comes Next
Federal courts will decide the California ballot dispute, and the Justice Department decides whether to charge anyone. States will certify their results in the coming weeks.
Frequently Asked Questions
What did the Homeland Security secretary say about voting?
Markwayne Mullin said on 3 November that people who vote illegally and are not eligible will be found and prosecuted. He added that only American citizens should decide American elections.
Can noncitizens vote in US federal elections?
No. Federal law makes it a crime for a noncitizen to vote for a federal office. The penalty includes up to one year in prison.
Can a green card holder vote in the United States?
No. Permanent residents cannot vote in federal elections. Illegal voting can lead to prosecution and deportation.
Who is Markwayne Mullin?
He is the US Secretary of Homeland Security, who leads the department that oversees immigration enforcement and border security. The Senate confirmed him in 2026.
Sources: US Department of Homeland Security; US Code, Title 18, section 611 (voting by aliens); US Code, Title 18, section 1015 (false claim of citizenship); US Code, Title 8, section 1227 (deportable aliens); Secretary Mullin’s post on X of 3 November 2026; US federal court filings in the California ballot case (all accessed 4 November 2026).
This article was produced by The Rio Times’ automated newsroom system. How we use AI · Report an error · Editorial responsibility: Matthias Camenzind, Editor-in-Chief