Can Green Card Holders Vote Locally? 2026 Rules

With the 2026 midterm elections underway and voter registration drives running across Massachusetts, green card holders are understandably asking whether they can participate. The short answer is that the question “can green card holders vote locally” carries far more risk than most people realize. 

Under federal law, lawful permanent residents cannot vote in any federal or state election, and in Massachusetts, there is currently no local exception either. If you have a green card and are unsure about your rights or worried that you may have already registered or voted by mistake, talk to an experienced immigration lawyer before taking any other step. A green card lawyer who understands how voting-related issues intersect with immigration law can help you figure out where you stand.

This post breaks down the current rules, the real-world consequences, and the only safe path to full voting rights in the United States.

If you are a green card holder with questions about voting, civic participation, or protecting your immigration status, call Brooks Law Firm today at (617) 245-8090 for a free consultation. We can help you understand your rights and avoid mistakes that could put your residency at risk.

Can Green Card Holders Vote in Presidential Elections?

No. Under 18 U.S.C. § 611, it is a federal crime for any noncitizen to vote in an election for President, Vice President, U.S. Senate, or U.S. House of Representatives. That prohibition applies regardless of how long you have lived in the United States, how much you pay in taxes, or how deep your roots in the community are. 

A green card gives you the right to live and work in this country permanently, but it does not give you the right to vote in federal elections. Only U.S. citizens may do so.

This is not a gray area. Violating this law can result in up to one year in federal prison, a fine, or both, and the criminal consequences are only the beginning. The immigration consequences, which we cover below, are often far more severe.

Can Permanent Residents Vote in Any U.S. Election?

The answer depends entirely on where you live, and even then, the exceptions are extremely narrow. No state allows noncitizens to vote in state elections. A small number of local jurisdictions across the country have passed laws permitting noncitizen residents to vote in certain municipal or school board races, but these exceptions are few, geographically limited, legally fragile, and carry their own risks.

As of 2026, the jurisdictions that permit some form of noncitizen local voting include:

• Maryland: Sixteen municipalities, including Takoma Park, Hyattsville, College Park, and the City of Frederick, allow noncitizens to vote in local town elections. Maryland has more municipalities permitting noncitizen voting than any other state.
• Vermont: Burlington, Montpelier, and Winooski allow legal residents to vote in city elections.
• Washington, D.C.: The District passed a law in 2022 allowing noncitizens who have resided there for at least 30 days to vote in local elections. However, this law is currently facing an active legal challenge in federal court. The D.C. Circuit Court of Appeals revived the lawsuit in June 2025, and the case remains pending.
• San Francisco, California: Noncitizen parents with children enrolled in San Francisco public schools may vote in school board elections. The law was briefly struck down in 2022 but was reinstated by a California Court of Appeal in August 2023.

It is worth noting that New York City passed a law in 2022 allowing noncitizens to vote in municipal elections, but the New York Court of Appeals, the state’s highest court, struck it down in March 2025. As of 2026, noncitizens cannot vote in New York City elections. Eighteen states have also added explicit prohibitions on noncitizen voting to their state constitutions.

Massachusetts does not allow noncitizen voting in any election, whether federal, state, or local. While some bills have been introduced in the Massachusetts legislature over the years to extend limited municipal voting rights to noncitizens (such as in Amherst and Cambridge), none have been enacted into law. If you are a green card holder living in Massachusetts, there is currently no election in which you are legally permitted to vote.

Even in jurisdictions that do allow limited noncitizen voting, the process typically requires registering through a separate, jurisdiction-specific system. Registering through a general state voter registration system, or checking a box on a form that says you are a U.S. citizen in order to register, can create a federal record that triggers immigration consequences regardless of your intent.

Green Card Holder Voting Consequences

The penalties for voting as a noncitizen are not just criminal. They reach directly into your immigration case and can permanently change your future in this country. Two separate provisions of the Immigration and Nationality Act (INA) apply.

Inadmissibility under INA § 212(a)(10)(D)

Any noncitizen who has voted in violation of any federal, state, or local law is inadmissible to the United States. This means that if you leave the country and try to return, you can be denied entry. It can also block you from adjusting your status or obtaining other immigration benefits. There is no general waiver for this ground of inadmissibility.

Deportability under INA § 237(a)(6)

Any noncitizen who has voted in violation of any federal, state, or local law is deportable. This applies even if you have held your green card for decades and have deep family ties in the United States. A single unlawful vote is enough to trigger removal proceedings.

False Claim to U.S. Citizenship under INA § 212(a)(6)(C)(ii)

If you registered to vote and checked a box stating that you are a U.S. citizen, you may have made a false claim to citizenship. This is one of the most serious grounds of inadmissibility in all of immigration law because there is no waiver available. A false citizenship claim can permanently bar you from obtaining a green card, becoming a U.S. citizen, or returning to the United States after traveling abroad.

Naturalization Consequences

Even if removal proceedings are never initiated, an unlawful vote or a false claim to citizenship destroys the good moral character requirement for naturalization. If you apply for U.S. citizenship and USCIS discovers that you voted or registered to vote as a noncitizen, your N-400 will be denied, and under current USCIS enforcement policy (Policy Alert PA-2025-20, issued August 29, 2025), the agency has committed to issuing Notices to Appear (NTAs) and placing denied naturalization applicants into removal proceedings in these cases.

That last point is critical. Under the current enforcement environment, applying for citizenship does not just risk a denial; it can actively trigger deportation proceedings if USCIS discovers a prior voting violation during the review of your application.

Can You Get Deported for Voting with a Green Card?

Yes. This is not a theoretical risk. Under INA § 237(a)(6), a single instance of unlawful voting makes a green card holder deportable. The government does not need to prove that you intended to break the law or that you knew voting was prohibited. The statute is straightforward: if you voted in violation of any law, you are deportable.

The only exception written into the law is extremely narrow. It applies if all of the following are true:

• Both of your natural or adoptive parents are or were U.S. citizens
• You permanently resided in the United States before turning 16
• You reasonably believed at the time of voting that you were a U.S. citizen

If you do not meet every one of those conditions, the exception does not apply. For the vast majority of green card holders, there is no defense available under the statute itself.

What makes the current moment particularly serious is the enforcement environment. USCIS has expanded its use of the Systematic Alien Verification for Entitlements (SAVE) database to help state election offices cross-check voter registration records against immigration records. 

As of December 2025, election offices in at least 22 states had agreements with USCIS to use SAVE for voter eligibility verification. Even if a registration happened years ago, it can surface when you file for naturalization, apply for a travel document, or attempt to renew your green card. If you are concerned that you may have registered or voted in error, the time to speak with an immigration attorney in Massachusetts is now, before an application triggers a review.

Voting as a Non-Citizen Penalties: A Summary

Because the penalties come from multiple sources, here is a consolidated view of what a green card holder faces for unlawful voting or voter registration:

Criminal penalties:

• Up to 1 year in federal prison and/or a fine under 18 U.S.C. § 611 for voting in a federal election
• Some states impose separate criminal penalties for voting in state or local elections while ineligible

Immigration penalties:

• Deportability under INA § 237(a)(6), with no general waiver
• Inadmissibility under INA § 212(a)(10)(D), which can block re-entry, adjustment of status, and other immigration benefits
• Permanent inadmissibility for a false claim to U.S. citizenship under INA § 212(a)(6)(C)(ii), with no waiver available
• Denial of naturalization for lack of good moral character
• Issuance of an NTA (Notice to Appear), placing you into removal proceedings, under current USCIS enforcement policy (PA-2025-20)

Practical consequences:

• Loss of lawful permanent resident status
• Separation from family, employment, and community in the United States
• Potential difficulty obtaining any future immigration benefit, even from abroad

These consequences apply whether the vote was cast intentionally or by mistake. The law does not distinguish between a person who knowingly voted illegally and a person who was confused by a registration form at the DMV. If a record of registration or voting exists, the burden falls on you to explain it, and the available defenses are limited.

What About the SAVE Act?

You may have heard about the SAVE Act (formally, the Safeguard American Voter Eligibility Act, also called the SAVE America Act) in the news. The bill, which has passed the U.S. House of Representatives multiple times since 2024, would require all voters to present documentary proof of U.S. citizenship when registering to vote in federal elections.

As of September 2026, the SAVE Act has not passed the Senate and is not law. It has failed to reach the 60-vote threshold needed to overcome a Senate filibuster on multiple occasions, although House leadership has attempted to attach its provisions to other must-pass legislation, including the FY2027 National Defense Authorization Act.

Whether or not the SAVE Act becomes law, the existing rules are already clear and already being enforced. Noncitizen voting has been a federal crime since 1996, and the immigration consequences have been in the INA since the passage of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) that same year. The SAVE Act would change the registration process but would not create new penalties that do not already exist.

How to Protect Yourself

If you are a green card holder living in Massachusetts, here is what you should know and do:

• Do not register to vote and do not vote in any election. Massachusetts does not permit noncitizen voting at any level.
• Be extremely careful at the RMV. Under the Massachusetts VOTES Act, the Registry of Motor Vehicles no longer offers an opt-out checkbox for voter registration on the license application. Instead, the RMV is supposed to transmit only the information of applicants who attest to U.S. citizenship. When you apply for or renew a driver’s license, pay close attention to the citizenship question on the form and make sure you do not check “yes” to U.S. citizenship if you are not a citizen. If you later receive a voter registration confirmation notice in the mail from your city or town, contact your local election office immediately and submit a written, signed request to be removed from the voter rolls. Do not ignore that notice.
• If you think you may have registered or voted by mistake, do not try to fix it yourself by contacting election officials without legal guidance. Speak with an immigration attorney first. Attempting to withdraw a registration or making statements to government agencies without understanding the legal implications can create additional problems.
• If you want to vote, pursue naturalization. Becoming a U.S. citizen through naturalization is the only path to full voting rights. Most green card holders become eligible to apply after five years of continuous permanent residence, or three years if married to a U.S. citizen. The process requires demonstrating good moral character, passing English and civics tests, and meeting residency requirements.
• Understand that civic participation is not limited to voting. Green card holders can attend town halls, contact elected officials, volunteer for campaigns (with certain restrictions on political donations), serve on community boards, and participate in public comment periods. These are meaningful ways to engage without putting your status at risk.

If you were recently detained by ICE or have been placed in removal proceedings and believe a voter registration or voting record may be part of the government’s case, you need legal representation immediately. The earlier an attorney reviews your record, the more options may be available to you.

Talk to Brooks Law Firm Today

The rules around noncitizen voting are strict, the exceptions are narrow, and the consequences can be permanent. Whether you are a green card holder preparing for naturalization, worried about a past registration, or simply trying to understand your rights during a heated election season, Brooks Law Firm can give you an honest assessment of where you stand.

Reach out to Brooks Law Firm today to schedule a free consultation at (617) 245-8090. We serve clients in Medford, Boston, and throughout Massachusetts in English, Spanish, and Portuguese. If something in your immigration history needs attention, the best time to address it is before it surfaces in an application or an encounter with immigration enforcement, not after.