A Filipina national married to a U.S. citizen is facing removal proceedings for voting illegally in a U.S. election in 2006. Although she is married to a U.S. citizen and has U.S. citizen children, she is being charged with inadmissibility because she violated 18 U.S.C. Section 611, which penalizes an individual for illegal voting and for false claim to citizenship. What happened in her case and why should new immigrants be aware of what could occur when they obtaining State driver’s license?
Elizabeth was petitioned by her U.S. citizen spouse and entered the U.S. in 2003 with a K3 visa. Upon her arrival in Illinois, she took steps to obtain her social security card, State identification card and drivers license. These are the steps that a new immigrant usually takes upon arrival in the United States.
According to the facts of the case as related in her case before the Seventh District U.S. Court of Appeals (Keathley v. Holder 11-1594), the State official at the Department of Motor Vehicles asked Elizabeth whether she wants to be an organ donor. She answered affirmatively. According to her, she also was asked whether she wants to register to vote. Again, she answered yes.
A few days after her trip to the DMV, Elizabeth received her driver’s license and a voter registration card. She innocently claims that with the issuance of a voter registration card, she assumed that she was entitled to vote. Hence, in the 2006 election she voted in the U.S. election.
When Elizabeth applied for her U.S. citizenship with the U.S. Citizenship and Immigration Services, the examiner discovered the “illegal voting”. Elizabeth was put in removal proceedings. She is at risk of being deported for what seemed to be her ignorance of her inability to vote. At present, she is awaiting for the hearing on her case after the Court of Appeals remanded the case back to the Immigration Court.
The Motor Voter Act
The National Voter Registration Act of 1993 (NVRA) also known as The Motor Voter Act was signed into law on May 20, 1993. This legislation required state governments to allow for registration when a qualifying voter applied for or renewed their driver’s license or applied for social services.
In compliance with this law, every state developed their respective unique election registration forms. Most states also afford election registration training to bureau of motor vehicle officials. But despite the election registration training of state officials at the Department of Motor Vehicles, there are non-citizens who find themselves in a situation where they register for voters’ identification cards. The worse case scenario is that the noncitizen is misled to believing that she is qualified to vote upon receipt of the voter’s identification card from the DMV. Thus, rendering her inadmissible and removable for making a false claim to U.S. citizenship.
Will the DMV official be held responsible for registering a non-U.S. citizen after he was presented with the Philippine passport and the appropriate visa? Does the new immigrant have the right to rely on the “official” action of the DMV State official in issuing the voter registration identification card? These are just some of the issues that will be threshed out in a hearing to be held soon for Elizabeth. Hopefully, she will prevail.
The case of Elizabeth is not a common case but may happen to new immigrants. One may claim ignorance of the consequences of an unlawful act. And, unfortunately, the adverse implications may result in possible family separation. It is important to know what the basic rights and limitations of a new immigrant. But it is also equally important for them to be able to rely on the authority of government officials task with registering voters.
(Atty. Lourdes Tancinco may be reached at law@tancinco.com or at 1888 930 0808 or at 1 800 999 9096 or visit her website at tancinco.weareph.com/old)
