Senator Marshall Joins Colleagues Demanding Answers on DOJ’s Failure to Secure U.S. Elections

Washington, D.C. – Senator Roger Marshall, M.D. joined Sen. Bill Hagerty (R-TN), and Rep. Andy Biggs (R-AZ) in demanding the Department of Justice (DOJ)  prevent illegal aliens from registering to vote in U.S. elections. The letter penned to U.S. Attorney General Merrick Garland, called for transparency and action to ensure that only American citizens vote in U.S. elections. 

“As you are likely aware, the United States has experienced a record number of border encounters since President Biden took office—nearly 10 million—many of whom have been released into, or evaded apprehension while entering, the U.S.,” the Members of Congress wrote. “We’re writing to inquire regarding the efforts undertaken by your Department to enforce the law that prohibits non-citizens from voting in our elections.”

State officials across the country have recently taken steps to prevent, deter, and investigate cases of illegal voter registration by non-citizens. 

“Plainly, there are opportunities for and instances of non-citizen voter registration, and so the critical question is whether the laws against doing so are being enforced by your Department,” the Members of Congress continued. “There appear to have been few prosecutions by your Department under these laws, and there is no indication that you have been pursuing cases in places like Georgia and Ohio where aliens have been caught registering or voting.”

The members of Congress requested the following information by July 19, 2024:

1. Please provide the number of aliens who have been charged, tried, or convicted under 18 U.S.C. § 611 since January 20, 2021, including the status of each case. 

2. Please provide the number of aliens who been charged, tried, or convicted under 52 U.S.C. § 20511 since January 20, 2021, including the status of each case. 

3. Please provide the number of aliens who have been prosecuted under 18 U.S.C. § 911 since 2021, including the status of each case. 

4. Please provide the number of referrals received from other government officials or the public in reference to the statutes cited in questions 1 through 3. 

5. How does the Department of Justice investigate allegations received of non-citizen voting or voter registration? 

6. What affirmative steps has the Department of Justice taken to detect, prevent, and deter illegal aliens and other non-citizens from registering and voting in federal elections?

7. What affirmative steps has the Department taken to obtain relevant information from the Department of Homeland Security on aliens who have registered or voted in elections?

8. What steps have been taken by U.S. Attorneys and the Public Integrity Section of the Criminal Division, which is responsible for prosecuting election crimes and assisting U.S. Attorneys in prosecuting election crimes, to obtain jury-related information that indicates aliens have unlawfully registered to vote?

9. As the 2024 election nears, what steps will the Department take to detect, investigate, and prosecute non-citizens who violate 18 U.S.C. § 911, 52 U.S.C. § 20511, or 18 U.S.C. § 611 by voting or registering to vote in the 2024 election?

A copy of the letter can be found below.

Dear Attorney General Garland: 

As you are likely aware, the United States has experienced a record number of border encounters since President Biden took office—nearly 10 million—many of whom have been released into, or evaded apprehension while entering, the U.S. I’m writing to inquire regarding the efforts undertaken by your Department to enforce the law that prohibits non-citizens from voting in our elections.

Several recent reports have described, upon examination by state officials, instances of non-citizens registering to vote in elections or being prompted to do so. For example, the Governor of South Carolina recently called for an investigation after it was revealed that voter registration forms were allegedly given to non-citizens. Similarly, in 2022, the Georgia Secretary of State found that more than 1,600 non-citizens had attempted to register to vote in Georgia. And Ohio’s Secretary of State called for increased verification efforts by county election officials after non-citizens were found on state voter rolls.

These reports are especially concerning given the record-shattering number of illegal aliens entering the United States and certain state and local laws that permit aliens to vote in local elections.

As you are aware, federal law prohibits aliens from voting or registering to vote in federal elections. For example, 18 U.S.C. § 611 prohibits aliens from voting in federal elections. Additionally, 52 U.S.C. § 20511 makes it unlawful to fraudulently register or vote. And 18 U.S.C. § 911 prohibits making a false claim of U.S. citizenship.

Plainly, there are opportunities for and instances of non-citizen voter registration, and so the critical question is whether the laws against doing so are being enforced by your Department. There appear to have been few prosecutions by your Department under these laws, and there is no indication that you have been pursuing cases in places like Georgia and Ohio where aliens have been caught registering or voting. Nor is there any indication that you have taken steps to obtain information from the Department of Homeland Security regarding aliens who admit that they have registered or voted in U.S. elections when completing the N-400, “Application for Naturalization.” Part 9 of that form specifically asks applicants that question.

Furthermore, there is no evidence that your U.S. Attorneys are using information obtained from jury lists in their cases to investigate aliens who may have violated federal law. It is our understanding that potential jurors for federal cases are obtained from state voter registration lists in many federal districts. This begs the question: Has an individual ever been excused from federal jury duty because they are not a U.S. citizen, and if so, does the Department address the fact that they are a registered voter?

To promote public trust regarding the steps your Department has taken to prosecute non-citizens for illegally voting or registering to vote in federal elections, please provide the following information no later than July 19, 2024:

1. Please provide the number of aliens who have been charged, tried, or convicted under 18 U.S.C. § 611 since January 20, 2021, including the status of each case. 

2. Please provide the number of aliens who been charged, tried, or convicted under 52 U.S.C. § 20511 since January 20, 2021, including the status of each case. 

3. Please provide the number of aliens who have been prosecuted under 18 U.S.C. § 911 since 2021, including the status of each case. 

4. Please provide the number of referrals received from other government officials or the public in reference to the statutes cited in questions 1 through 3. 

5. How does the Department of Justice investigate allegations received of non-citizen voting or voter registration?

6. What affirmative steps has the Department of Justice taken to detect, prevent, and deter illegal aliens and other non-citizens from registering and voting in federal elections? 

7. What affirmative steps has the Department taken to obtain relevant information from the Department of Homeland Security on aliens who have registered or voted in elections? 

8. What steps have been taken by U.S. Attorneys and the Public Integrity Section of the Criminal Division, which is responsible for prosecuting election crimes and assisting U.S. Attorneys in prosecuting election crimes, to obtain jury-related information that indicates aliens have unlawfully registered to vote?

9. As the 2024 election nears, what steps will the Department take to detect, investigate, and prosecute non-citizens who violate 18 U.S.C. § 911, 52 U.S.C. § 20511, or 18 U.S.C. § 611 by voting or registering to vote in the 2024 election?

Thank you for your attention to this matter and we look forward to your prompt reply.

Sincerely,

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