Fact Check: The Truth about Noncitizen Voting & the Open Border

A Socratic Guide to The Open Border

Intro I

As you may have heard, America's borders are wide open.  How wide open, you ask?  Well, current estimates are that one in five hotels in New York City are involved in housing migrants.*  That's NYC, not Houston, Phoenix, or LA.  Most Americans would have trouble affording a single night in a Manhattan hotel, yet illegals are living there for free.

Along with rising crime, lowered wages, overcrowded hospitals, and stressed social services, the visible flood of illegals has become an embarrassing liability for Democrats on the eve of an election.  In response, Joe Biden recently issued an executive order to persuade voters he means business at the border.  

That's quite a reversal for an administration that literally instructed migrants to "surge to the border"**, and then spent the next four years denying the problem.   

And surge they did.  

It is estimated that roughly 15 million# people have entered the U.S. illegally in the last three and a half years.  Add that to the roughly 20 million# who were already here and that makes about 35 million# illegals currently in the U.S.  That is roughly the population of California.

But, that's not all of the noncitizens here.  There are also permanent residents who hold Green Cards, Visa holders, and visitors.  The U.S. government issues about one million Green Cards per year so there could be roughly 20 million# additional noncitizens in the U.S. today.  

That makes a total of roughly 55 million# noncitizens, or 16% of the population.  That's far more people than any state.  (See footnote #) 

The question is, why are Democrats doing this? Why risk the political fallout? What do they have to gain?

Could it be a simple case of wanting more workers, more diversity, & more ethnic food?

Or could it be that they want them here because they overwhelmingly vote Democrat?

        

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Intro II

"It's even a bigger influx now in terms of Hispanic voters, or these Hispanic citizens, wanna become citizens..."

President Joe Biden referring to illegals as voters, citizens, & wannabe citizens during a recent interview on Spanish radio##

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Well, we can safely rule out the idea that Democrats brought all those people here to vote!   As everyone knows, it is strictly illegal for noncitizens to vote!   

Pop Quiz #1

1.  It is strictly illegal for noncitizens to vote.  

2.  It is incredibly easy for noncitizens to vote.

You are probably certain the answer is #1.  You've been told this a million times, "Only citizens are allowed to vote.  It's the law!"    

Except, you'd be wrong.  

Noncitizens are able to vote in the U.S. with very little threat of negative consequences.  And this includes those here illegally.

The relevant law is called "18 U.S. Code § 611 - Voting by Aliens".  The law states that aliens (noncitizens) are technically not supposed to vote in national elections and could be subject to punishment, but there is a glaring exception.  Here's one line of it:

(3) the alien reasonably believed at the time of voting in violation of such subsection that he or she was a citizen of the United States.

 

Huh?  In other words, if you identify as a citizen, you are not subject to punishment!

This exception renders meaningless the prohibition against noncitizen voting for a large subset of the group.  All that is required is a reasonable belief of citizenship.  

Now, what could possibly give a noncitizen the reasonable belief that they are a citizen?  Oh, I don't know, maybe if a sitting president told them explicitly that they were?  

Listen carefully as Barack Obama singlehandedly renders meaningless the prohibition against noncitizen voting pursuant to 18 U.S. Code § 611.  His exact words; "When you vote, you are a citizen yourself."  In other words, Obama told noncitizens and those here illegally that through the act of voting they could reasonably identify as citizens.  He also told the audience, "If you show up to vote, they can't stop you."  This was from the highest authority in the land, a sitting President. 

But that's just one example.  Democrats and their supporters have been telling illegals for decades that they should identify as citizens simply for being here and working.  The interviewer echoes this idea in the clip above.  Notice that Obama does not correct her. 

Now, Let's apply the "identify as a citizen" logic to other situations.  Could you legally withdraw money from a bank if you identify as a depositor?   Could you legally collect Social Security at age 25 if you identify as old? Could you practice medicine just by identifying as a doctor?

There's a bedrock principle in law that says ignorance of the law is no excuse.  Lawyers are taught the latin, "ignorantia juris non excusat".  Yet any noncitizen can claim ignorance of their legal status and vote.  You'd think with all the lawyers in congress they could write better laws, but when it benefits Democrat power, there's no bedrock principle they can't ignore.    

Curiously, the "identify as a citizen" exception does not work for Trump voters.  The only person I could find currently serving time for 18 U.S. Code § 611 is an Arizona illegal who voted for Trump and was sentenced to eight years in prison.  Apparently, Republican noncitizens are not afforded the "Obama alibi" defense. 

The truth is, laws are meaningless unless enforced. Lawyers and legal scholars can debate the language and intent of written statutes all they want, but unless a DOJ enforces it, it might as well not exist. That's called prosecutorial discretion.  As Obama makes clear in the above clip, no Democrat DOJ will enforce 18 U.S. Code § 611. 

So, could up to 55 million noncitizens, including the Biden/Harris 15 million illegals vote in 2024, decide our next President, and be legally untouchable?   Yes, absolutely. 

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"Hold on a minute!", you say.  Noncitizens can't just vote, they first have to register.  That's where we check for citizenship!  

Pop Quiz #2 

How many states require proof of citizenship in order to register for national elections?

1.  37

2.  3

3.  None

4.  All

Surely there must be some states that require proof of citizenship to vote nationally, right?  After all, there are a bunch of "red" states that lean conservative, like Texas, Florida, Utah,  Idaho, etc! 

Sorry, nope.  Not a single state, city, town, or district requires proof of citizenship to register for national elections, let alone vote.

So why haven't states passed laws that would require that proof?  Well, a few have tried but, surprise, surprise, it's illegal!  

According to a 1993 law, pushed and signed by Bill Clinton (Democrat), popularly called the "Motor Voter Bill", it is illegal to require proof of citizenship for national voter registration.  (Motor Voter was also the first step in our currently un-auditable mail-in voting system. It normalized registration by mail.)  

The registration form does require a signature, and citizenship is one of several things that voters are attesting to, but it is strictly on the honor system.  There can be no checks, verifications, or follow-up according to the law.  Just sign the form and you are registered whether eligible or not.  That's an obvious intentional loophole for noncitizens, many of whom broke our laws when they came here.

Moreover, Motor Voter makes providing voter registration forms automatic for any interaction with government.  Get a drivers license?  You get registered.  Apply for benefits?  You get registered.  And noncitizens do all those things by the millions.  

Once you are registered, you get a ballot in the mail automatically in nine states plus D.C..  And once you have a ballot, you can vote anonymously through the mail or at a drop-box.  In the other states you can easily request a mail-in ballot with a simple mail-in form.    

Long story short, no state is allowed to check for citizenship to vote in a national election.  Noncitizens, including those here illegally, are registered by the tens of millions, and since 2020 they can easily get mail-in ballots just like citizens. Potentially, that is close to 55 million noncitizen registered voters. 

   ABOVE: President Bill Clinton (D) signing the "Motor Voter Bill" in 1993.  Directly behind him are Francis Fox Piven and Richard Cloward, two Columbia University professors who lobbied for the bill.  The Cloward and Piven Strategy was to democratically institute a form of communism by flooding the country with dependents, getting them to demand services, and allowing them to vote.   

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OK, so maybe millions are registered and could potentially vote, but before states mail out ballots they check their voter rolls and get rid of all the noncitizens, deceased voters, and relocated voters!

Pop quiz #3

1.  States clean their voter rolls regularly making it impossible for noncitizens to obtain ballots.

2.  States DO NOT clean their voter rolls regularly making it incredibly easy for noncitizens to obtain ballots.

You'd think the answer is #1.  After all, how can a representative republic call itself legitimate if it does not ensure that only citizens get ballots?

Except, that's not what happens.  In fact, any state that tries to clean their voter rolls is in for a barrage of lawsuits by well-funded Democrats.  In many instances, judges have ruled that states are not even allowed to clean their voter rolls.  

By law, it is up to the states to run their own elections.  Maintaining a list of eligible voters is part of that obligation.  Some states do a diligent job, but many states do not.  Many Democrat states prefer having extra ballots mailed-out because they have legalized a practice called "ballot harvesting".  Ballot harvesting is the practice of having activists scoop-up all the potentially ineligible and unclaimed ballots.  Then the activists take the ballots to a landfill and burn them.  Nah, just kidding!  

Without ID requirements or real signature matching, it is incredibly easy for activists to harvest ballots, fill them out, and return them.  The Democrat party has been doing this for years.  The Republican party has shunned this activity correctly considering it fraudulent.  But it is now legal (with a wink and a nod) in a majority of states, so Republicans are having to play catch-up in this crooked game.  Only one state in the U.S., Alabama, requires that ballots be returned by the actual voter. Of course, even in Alabama, there is no way to check with mailed ballots.      

There is an organization called ERIC (Electronic Registration Information Center) whose ostensible mission is to help states clean their voter rolls of noncitizens, dead people, and relocated voters.  ERIC  currently has half the states as members.

 

In 2020 ERIC had a majority of the states as members, but after looking into the debacle of how those elections were mis-managed, several Republican led states dropped out.  While digging around, they learned that ERIC was founded by leftists, run by leftists, and funded by leftists including George Soros.  Republicans now believe that ERIC is a front for increasing noncitizen, deceased, and relocated voters, while simultaneously purging conservative ones!

Arizona is one ERIC state that just had a lawsuit filed against it:

From the lawsuit, pages 2 and 3:

Arizona has at least 500,000 registered voters on the voter rolls who should have otherwise been removed. In other words, at least 500,000 registered voters currently listed on the Secretary’s voter rolls for Arizona are deceased or no longer reside in Arizona.

And a review of other reliable data sources shows that Arizona has between 1,060,000 and 1,270,000 unaccounted-for voters on the state voter rolls.

 

ERIC currently lists six of the seven so-called "swing states" as members.  U.S. national elections are decided in the swing states.  In short, leftist activists are in charge of the voter rolls, including noncitizens, that will determine the next President.

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Ok, so maybe the voter rolls are run by leftists, ballots get sent out willy-nilly, anyone who identifies as a citizen can register and vote, etc., but there's no evidence noncitizens actually vote! None!   

Pop Quiz #4 

1.  Noncitizens voted in past elections in large numbers.

2.  Noncitizens HAVE NOT voted in past elections in large numbers.

You are probably certain the correct answer is #2.  After all, you would know if noncitizens were voting en masse.  You'd hear about it on the news.  Someone would have the proof.  Republicans would be screaming about it every day! 

Except, you'd be wrong. 

It is virtually impossible, and illegal, for a citizen to know when a ballot has been filled out by a noncitizen.

Therefore, looking for "proof" is a fool's errand.  It's impossible by design, and by law.  

So what's the solution?  It's the same remedy anytime a dispute arises between a citizen and the state:  The "burden of proof" is on the state.  

It's up to the state to prove they ran an election that was fully auditable, clean, with only eligible voters, and observed by both parties at ever stage.  And citizens suspecting election fraud are innocent until proven guilty.     

In the case of the 2020 election, citizens who asked questions have been accused of being "election deniers", "threats to democracy", or if they protested, "insurrectionists".  Thousands are currently in prison or under indictment for these types of accusations.  Citizens accused of those things must be considered innocent until the state can prove they ran an election that was observed by both parties and auditable end-to-end.  

Polls show over half the citizenry believe the states cannot prove their case.  That is the real "threat to Democracy".  

Florida is one state today that has a strong record of running auditable, trustworthy, and clean elections.  It can be done.

Despite proof being impossible, there is statistical and circumstantial evidence that noncitizens vote in large numbers.  I made the case in 2016, before Democrats made anonymous mail-in voting ubiquitous.  You can read that piece HERE.

And this piece ran last month in The Washington Times: "Noncitizens Do Vote... Here's How..."  (If you clear your computer's cookies you can read it without paying.) 

Recently, Rasmussen pollsters asked voters about fraud.  3 in 10 voters said they would absolutely commit voter fraud in 2024 just to keep the other side from winning.   Three in ten say they would commit election fraud!

If you do a web or AI search for whether or not noncitizens vote, you'll come across the supposed "definitive" study by "The Brennan Center for Justice" which found no evidence noncitizens vote.  Sounds pretty official, right?  So who is the biggest donor to The Brennan Center?  Yeah, that would be George Soros, the same guy funding all the DAs targeting Donald Trump, and the same guy funding ERIC.     

The assumption has to be that noncitizen voting is huge.  Unlimited wealth and power are at stake.  It's the kind of wealth and power that corrupts everything. 

Believing noncitizens do not vote is like believing Fort Knox would remain filled with gold if the doors were flung open, anyone could take whatever they want, and no one could be prosecuted. 

This is important:  direct voting in elections is only part of the problem.  There's also indirect voting.  Noncitizens would be the largest state in the U.S. if they were all in one place.  Often overlooked is the fact that noncitizens are counted in the census.  The census is how we determine Congressional and Presidential Electoral votes.  So even if noncitizens were prevented from directly voting, they would still have more votes in Congress and Presidential elections than California or Texas!       

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Ok, maybe everything above is true, but we have polls!  How bad could it be if polls currently show a Republican could win in 2024?  The polls would sound the alarm if 55 million noncitizens were about to vote Democrat!

   

Pop Quiz #5

1.  The polls accurately reflect noncitizens.

2.  The polls DO NOT accurately reflect noncitizens.

You would think polls would automatically pick-up noncitizens.  After all, it's not like pollsters ask about legal status when they poll! 

Except, you'd be wrong.  

While it's true that pollsters do not screen out noncitizens, there are built-in reasons why noncitizens get  missed.  For one, noncitizens are less likely to speak english, and second, they are less likely to agree to being polled.

 

That means any poll you see today that shows Donald Trump doing well is probably inaccurate.  

How inaccurate? No one knows, but it could be off by 55 million! 

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But hold on!  The original question was, "why is the border open?"  So far the only thing mentioned is voting!  It could be as simple as Democrats wanting more workers, diversity, and Halal!

Pop Quiz # 6

1. Democrats do not have a nefarious reason for opening the border.  It's just workers, diversity, and ethnic food.

2. This sure looks like a nefarious plan for a permanent Democrat majority.  

You probably think the answer is #1.  You may even be a Republican and think Joe Biden and Kamala Harris are just semi-conscious politicians who accidentally stumbled their way into some bad policies.  You may be a believer in "Hanlon's razor",  which states, "never attribute to malice that which can be explained by stupidity".  Or you may be a Democrat who buys into the slogan, "Diversity is our strength!"  

Except the answer cannot be #1, and here's why:  Democrats have been lying about the border for decades.  Yes, decades.  You don't lie about something that consistently unless you have something to hide.  

We'll get to the Biden/Harris lies in a second, but first let's review some Obama lies. 

Obama got the media to give him the nickname, "Deporter in Chief".  He wanted to be portrayed as tough on immigration.  It was good politics.  It went against stereotype and made him look centrist.   But it was a ruse.  The way he got his deportation numbers high was by "cooking the books".   For a full accounting of how he snookered his way into becoming "Deporter in Chief", read:  https://www.nationalreview.com/corner/obama-as-deporter-in-chief-hardly/

When Donald Trump became President he sincerely tried to secure the border.  It didn't work at first because Democrats blocked him at every turn through the courts, through legislation, and by lying about his motives.  But by the end of his term, the border was under control.       

Then Biden/Harris took office and all that changed.  From the top on down, Democrats have lied about the open border policy since day one.  

First they denied the border was open and insisted it wasn't.  This continued despite thousands of hours of video showing illegals pouring across the border.  Then they denied it was a crisis despite border states, cities, and towns declaring emergencies.   

It wasn't until the illegals started taking over Northern Democrat cities like Chicago, Boston, and New York that they even acknowledged the problem.  But then they blamed it all on Republicans claiming they are responsible for a "broken immigration system".  Finally, they blamed conservatives for not going along with their plan to codify the open border in their new border bill.

Alejandro Myorkas, the Biden/Harris official in charge of the border was impeached for lying to Congress and maintaining the open border policy.  He's only the second cabinet secretary in history to be impeached.

Vice President Kamala Harris was publicly named "Border Czar" by Joe Biden early in the term.  She was tasked with getting a handle on the flood of illegals coming into our country.  Under her watch it got worse.  Now that the flood has become an embarrassing problem, they are all denying she was ever given that responsibility!  

No, if the border was open for some innocent reason they wouldn't be lying about it 24/7/365 for decades.  

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Conclusion - It's an Electoral "Death Star"

As recently as five years ago a huge majority of voting was done in-person and on election day.  You had to show up at a local precinct, show your face to bi-partisan poll workers (who were also your neighbors), often present ID, sign a register with a witness, and complete the ballot yourself.

Noncitizen voting was rare.

Those days are over.  Now almost half of all voting is done anonymously, in secret, by mail or dropbox, over a period of months, with no bi-partisan observers. 

Under current law up to 55 million unpolled noncitizen voters could show up for the 2024 election and vote.  The vast majority of those noncitizens are loyal to the Democrat party that used taxpayer money to get them here,  and gave them transportation, housing, food, healthcare, work permits, and jobs.

To put 55 million potential voters in perspective, the last election was decided by a total of .008 of that number.  A tiny percentage of that 55 million will determine the next President.  

Noncitizen voting is only one part of the electoral Death Star.  As in the "Star Wars" original, there are several smaller death-rays that make up the whole:    

Here are some we saw in 2020:

• Gigantic irregularities that all went one way in Democrat run cities
• Democrats used government agencies to strong arm private media companies into supporting their preferred narratives
• Democrat lawyers used lawfare and the pandemic to remove 250 years of election integrity measures
• Democrats used 51 government intel officers along with government intelligence agencies to lie about the crimes committed by Democrats as revealed on the Biden laptop

But rather than listing everything from 2020, why not just listen to Joe Biden brag about the Democrat "voter fraud" operation he and Barack Obama built:

Today, in addition to all that, Democrats have used lawfare in an attempt to imprison Donald Trump, along with hundreds of GOP lawyers, dozens of pro-Trump media voices,  several of Trump's key advisors, and thousands of Trump supporters who questioned the last election.  Several of those accused and imprisoned (at least five as of today) have committed suicide due to unimaginably harsh treatment in what amounts to a concentration camp for opponents of the Biden/Harris regime.       

And if you're thinking there might be a Luke Skywalker or Han Solo in this story, I've got bad news for you.  Behold the two most powerful Republicans in office today.  One is a minority leader, and one has a single vote majority.  They couldn't fight their way out of a paper bag, let alone defeat a Death Star.  

  

 

Believing Democrats didn't use their Death Star in 2020, and wouldn't dare use it again in 2024, is beyond naive.

Adjust your expectations for 2024 accordingly. 

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Footnotes:

Gigantic hat tip to Catherine Englebrecht and Tucker Carlson for making me aware of the "identify as a citizen" exception in 18 U.S. Code § 611.  It was only then that I fully understood Obama's words, "when you vote, you are a citizen yourself...".  Below is the promo for Catherine's interview with Tucker.  The full interview is behind a paywall:  

*The Federalist - "1 in 5 hotels in NYC are housing illegal migrants."    

https://thefederalist.com/2024/06/07/1-in-5-nyc-hotels-is-now-an-illegal-migrant-shelter-driving-up-prices/

Here's a map of NYC hotels housing migrants in 2023:  

https://www.costar.com/article/1900939477/more-than-16000-nyc-hotel-rooms-used-to-accommodate-unhoused-migrants

**Video of Biden telling illegals to "surge to the border":

#  It is impossible to know the actual number of noncitizens in the U.S.  In fact, it is illegal to even ask during a census.  President Trump tried to get a citizenship question on the census, but Democrats sued and tied it up in courts long enough to render it illegal for 2020.  

Every number you've ever seen is a guess, as is my 55 million number.  But we do have a decent handle on one number:  15% of K-12 children in the U.S. are native Spanish speakers.  55 million is about 16% of the U.S. population.  Of course all noncitizens do not speak Spanish, and many former noncitizens have become naturalized citizens. Taking all that into account, 55 million looks about right.

##  Biden referring to illegals as voters, citizens, wanna become citizens on Spanish radio: