Non-Citizen Voting in U.S. Elections: Examining the Data Behind the Claims

In the lead-up to the 2026 midterm elections, President Donald Trump has elevated election integrity to the top of the national agenda, identifying the "SAVE America Act" as his administration's primary legislative focus. The proposed law, which would require documentary proof of citizenship (DPOC) to register for federal elections, is framed by the administration as a necessary bulwark against "rampant" voting by non-citizens [1].

The President has asserted that widespread illegal voting by non-citizens threatens to undermine the results of the upcoming midterms, suggesting that the passage of the act would effectively "guarantee" a fair outcome [2]. However, an analysis of recent state audits, historical databases, and academic research presents a more nuanced picture of how often non-citizens actually cast ballots in U.S. elections.

The Legislative Push: The SAVE America Act

The Trump administration's emphasis on non-citizen voting is centered on the Safeguard American Voter Eligibility (SAVE) Act. Proponents argue that the current system—which relies on applicants checking a box to swear they are citizens—is a "major loophole" that allows non-citizens to register when they interact with state agencies like the DMV [3].

Critics of the measure, including the Brennan Center for Justice, argue that the law addresses a "phantom problem" while creating significant hurdles for eligible American citizens. According to a 2024 study, approximately 21.3 million U.S. citizens lack easy access to birth certificates or passports, the primary documents required under DPOC mandates [5].

What the Data Shows: State Audits (2024–2026)

Following the 2024 general election, several states conducted comprehensive audits of their voter rolls specifically looking for non-citizens. These investigations, often led by Republican Secretaries of State, have produced remarkably consistent results.

The Heritage Foundation Database

Conservative commentators often point to the Heritage Foundation’s Election Fraud Database as evidence of the need for stricter laws. However, independent reviews of the database by the Bipartisan Policy Center (BPC) in 2026 found that documented cases of non-citizen voting are extremely rare. Out of more than a billion votes cast over the last quarter-century, the database lists only between 77 and 99 proven instances of non-citizen voting [4][10].

The BPC report notes that many of these cases involve lawful permanent residents who registered due to administrative errors or confusion about their eligibility rather than intentional fraud. In many states, DMV systems automatically prompt license applicants to register to vote, leading some non-citizens to mistakenly believe they are eligible [10].

The Full Picture: Administrative Errors vs. Intentional Fraud

One of the primary sources of concern—and data discrepancy—is the use of outdated state records. In Arizona, a "coding error" identified in 2024 affected 218,000 voters who had not provided documentary proof of citizenship. However, the vast majority were long-time residents who had naturalized decades ago but were still flagged as non-citizens in older MVD systems [11].

Similarly, a 2019 attempt in Texas to purge 95,000 "potential non-citizens" was abandoned after it was discovered that tens of thousands were naturalized citizens whose records had not been updated after they obtained their citizenship [14].

Conclusion

The debate over non-citizen voting reflects a fundamental tension in U.S. election policy: the balance between ensuring only eligible citizens vote and ensuring all eligible citizens *can* vote. While the Trump administration views the SAVE America Act as a critical preventative measure, the available data suggests that the "loophole" they aim to close is rarely exploited.

For voters, the reality is that non-citizen voting is already a felony under federal law, carrying the risk of deportation and imprisonment—a high stakes penalty for a single vote that data shows is almost never cast [7]. As the 2026 midterms approach, the focus on this issue is likely to persist, even as state-level audits continue to confirm its rarity.