Federal prosecutors in the Trump administration have charged 50 noncitizens with election fraud offenses since the start of Trump’s second term, nearly quadrupling the 13 such cases brought by the Biden administration over its entire four-year period, according to Justice Department figures. The charges include allegations of illegal voting and false registration, with 17 convictions under Trump and nine under Biden.

Explainer The SAVE America Act: Defending Election Integrity with Strong Voter Eligibility Laws

The sharp increase in prosecutions has intensified debate over the integrity of U.S. elections and the need for stricter voting laws, with both sides citing the numbers to support their positions.

The surge in cases comes as Congress considers the SAVE America Act, a bill championed by Trump that would require photo ID to vote and proof of citizenship to register. Supporters argue the recent prosecutions highlight the need for additional safeguards, while prospects for the bill’s passage before Election Day remain uncertain.

Recent Prosecutions and Convictions

A majority of the Trump-era charges and convictions have occurred since October, with 29 defendants charged and 11 convicted since the start of the current fiscal year. In May, the U.S. Attorney’s Office for the District of New Jersey announced four separate noncitizen voting prosecutions, followed by a French citizen pleading guilty in June to voting in the 2022 election.

Cases span multiple states and nationalities. In December 2021, during the Biden administration, a Bahamian citizen was indicted in North Carolina on 10 counts, including voting in elections from 2018 through 2020 and passport fraud. In Alabama, an illegal immigrant from Guatemala was charged in September 2024 with using a U.S. citizen’s identity to vote in the 2016 and 2020 elections, pleading guilty in January 2025. The Southern District of Florida secured guilty pleas from a Cuban national in September 2025, a Haitian national in April, and a Brazilian national in May for illegal voting.

Enforcement and Federal Response

The Justice Department has worked with Immigration and Customs Enforcement (ICE) and Homeland Security Investigations (HSI) on several cases. A Department of Homeland Security spokesman said, “Our message to aliens who vote in American elections is clear: We will find you, arrest you, and you will face the consequences—including criminal charges and deportation.”

HSI has recently focused investigative efforts on states including California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington, and Wisconsin, according to CNN. Since April 2025, more than 24,000 potential noncitizen voter cases have been identified by the SAVE program and referred to HSI for further investigation. U.S. Citizenship and Immigration Services reports that the SAVE program has processed over 60 million voter verification queries since April 2025.

Debate Over Noncitizen Voting

Critics of current safeguards argue that even a small number of illegal votes can affect election outcomes. Cleta Mitchell, co-founder of the Only Citizens Vote Coalition, said, “These are illegal votes that are cast and counted, and once they’re counted, they can’t be uncounted.” She added, “How many illegal votes are OK with you? We want to make sure there are no illegal votes cast.”

"First the Left says this never happens, noncitizens never vote. Then you say, ‘Look at this.’ Then they come back to say, well, it’s not widespread."

— Cleta Mitchell, Only Citizens Vote Coalition co-founder

The Public Interest Legal Foundation has documented 1,376 tied elections and 531 contests decided by a single vote since 1982, underscoring the potential impact of even isolated illegal votes.

A Justice Department spokesperson countered criticism, stating, “The contrast with the prior administration could not be clearer — this department is enforcing the law against noncitizen voting in ways the last administration simply refused to. Protecting the integrity of our elections is a top priority for this Department.”

While supporters of stricter laws cite the rise in prosecutions as evidence for reform, opponents argue that the overall number of cases remains small relative to total votes cast. The Justice Department has not indicated plans for major policy changes beyond current enforcement.