Noncitizens Risk Serious Legal Trouble from DMV’s Automatic Voter Registration Errors

The push to increase voter participation through automatic voter registration (AVR) has an ugly downside for noncitizens: accidental registration that can trigger severe legal consequences. While these errors are rare, they are real and can upend lives.

Last year, a couple in Alaska had their U.S. citizenship oath ceremony canceled because the DMV mistakenly registered them to vote during a license renewal. The Alaska Division of Elections admitted the error, which arose from the automatic voter registration program designed to streamline voter sign-ups. Noncitizens are barred from voting in federal, state, and local elections, and registering to vote falsely claims citizenship—a crime with harsh penalties including fines, imprisonment, and immigration consequences like deportation or denial of future legal status.

“The automatic registration may confuse individuals who reasonably believe they are permitted to vote,” warns Professor Jaclyn Kelley-Widmer of Cornell’s Immigration Law and Advocacy Clinic. “The safest course is for anyone who is not a citizen to refrain from voting or registering to vote.”

AVR works by allowing agencies like the DMV to share your personal information with election officials unless you opt out. In 25 states including New York and New Jersey, this system flips the default: you’re registered unless you say no. Noncitizens must explicitly decline registration by checking a box on DMV forms. Failure to do so can lead to inadvertent registration and potentially criminal consequences.

If you’re unsure whether you’re registered to vote, you can check your status online or by phone through your local Board of Elections. For New York City residents, visit the city’s Board of Elections website or call 1-866-868-3692. If you find that you are registered and you are not a citizen, you must act quickly to cancel your registration. This usually involves sending a written request to your local election office.

In a political climate where voter fraud claims are weaponized to justify restrictive voting laws, the stakes are high. But the real fraud here is the system’s failure to protect noncitizens from unintentional registration and the devastating fallout that can follow.

Noncitizens facing these issues should seek advice from qualified immigration attorneys. Meanwhile, everyone should know their rights and double-check their voter registration status to avoid falling into this legal minefield.