U.S. Senators Katie Britt, Tommy Tuberville, Bill Hagerty Hold DOJ Accountable for Failure to Prosecute Wrongful Voter Registration by Illegal Border Crossers

WASHINGTON, D.C., October 4, 2024 – U.S. Senators Katie Britt (R-Ala.), Tommy Tuberville (R-Ala.), and Bill Hagerty (R-Tenn.) with several colleagues called out U.S. Attorney General Merrick Garland for the Department of Justice’s (DOJ) failure to prevent noncitizens from registering to vote in America’s federal elections, as well as DOJ’s refusal to prosecute those who have done so.

“We are deeply concerned by reports of non-citizens registering to vote and voting in federal elections,” the Members of Congress wrote. “As of today, there has been no response from you or your Department regarding the inquiry on July 12, 2024, seeking information on efforts undertaken by your Department to enforce laws prohibiting non-citizen voting. Given the 2024 Presidential Election is in less than 34 days, your Department’s inaction and refusal to provide any information regarding its efforts to promote public trust and confidence in our elections is especially alarming.”

“Clearly, there is a non-negligible amount of voter participation by non-citizens in federal elections, which is not only a serious threat to the integrity of our elections and the democratic process they represent, but also has the potential to reduce Americans’ trust and confidence in election results,” the Members of Congress continued.

The members of Congress requested answers from the DOJ in July, but the Attorney General has yet to respond. As such, the Members of Congress once again requested the following information, and they are calling for answers by October 16, 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 have 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 have 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?

10.  What steps have the Department taken to contact Virginia and Texas election officials to obtain information and the voter registration and voter history files on each of the aliens removed from the voter rolls who were unlawfully registered and voting in those states?

The Senators were joined by Senators Marsha Blackburn (R-Tenn.), Roger Marshall (R-Kan.), Thom Tillis (R-N.C.), Rick Scott (R-Fla.), James Lankford (R-Okla.), Jim Risch (R-Idaho), Ron Johnson (R-Wis.), Kevin Cramer (R-N.D.), Mike Crapo (R-Idaho), Cindy Hyde-Smith (R-Miss.), Josh Hawley (R-Mo.), Steve Daines (R-Mont.), Cynthia Lummis (R-Wyo.), Tim Scott (R-S.C.), Marco Rubio (R-Fla.), John Thune (R-S.D.), Shelley Moore Capito (R-W. Va.), Ted Cruz (R-Texas), Eric Schmitt (R-Mo.), John Barrasso (R-Wyo.), Pete Ricketts (R-Neb.), Deb Fischer (R-Neb.), Mike Rounds (R-S.D.), Mike Braun (R-Ind.), Ted Budd (R-N.C.), John Hoeven (R-N.D.), Joni Ernst (R-Iowa), John Kennedy (R-La.), Roger Wicker (R-Miss.), and Markwayne Mullin (R-Okla.) signed the letter, along with Representatives Andy Harris (R-Md.), Clay Higgins (R-La.), Gary Palmer (R-Ala.), Matt Rosendale (R-Mont.), Ralph Norman (R-S.C.), Eli Crane (R-Ariz.), Andy Ogles (R-Tenn.), Aaron Bean (R-Fla.), Josh Brecheen (R-Okla.), Nancy Mace (R-S.C.), Bob Good (R-Va.), Eric Burlison (R-Mo.), Mike Ezell (R-Miss.), Chuck Fleischmann (R-Tenn.), Tom Tiffany (R-Wis.), Lauren Boebert (R-Colo.), Claudia Tenney (R-N.Y.), Michael Guest (R-Miss.), Diana Harshbarger (R-Tenn.), Ben Cline (R-Va.), Chip Roy (R-Texas), Barry Loudermilk (R-Ga.), Mary Miller (R-Ill.), Paul Gosar (R-Ariz.), Lance Gooden (R-Texas), Jeff Duncan (R-S.C.), Harriet Hageman (R-Wyo.), Barry Moore (R-Ala.), Mike Collins (R-Ga.), Tim Burchett (R-Tenn.), Greg Lopez (R-Colo.), Keith Self (R-Texas), Brian Babin (R-Texas), August Pfluger (R-Texas), Alex Mooney (R-W. Va.), Dusty Johnson (R-S.D.), Randy Weber (R-Texas), Rich McCormick (R-Ga.), and Matt Gaetz (R-Fla.).

A copy of the letter can be found here.

Senator Britt has worked to enhance election integrity since taking office. She introduced the Citizen Ballot Protection Act, which would codify the ability of States to require that an applicant provide proof of American citizenship when registering to vote via mail-in application.

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