Hagerty, Biggs, Colleagues Call Out DOJ for Refusing to Provide Answers on Prosecutions of Illegal Aliens Registering to Vote

Garland's DOJ did not respond to initial letter demanding answers on prosecutions, as evidence of thousands of cases of illegal aliens registering to vote have emerged

NASHVILLE, TN-United States Senator Bill Hagerty (R-TN), a member of the Senate Rules Committee, and Representative Andy Biggs (R-AZ-05) today led their colleagues in calling out U.S. Attorney General Merrick Garland on the Department of Justice's (DOJ) failure to prevent illegal aliens from registering to vote in American elections or prosecute those who evidently 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 that 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."

State officials across the country have recently taken steps to prevent, deter, and investigate cases of illegal voter registration by non-citizens, including in South Carolina, Georgia, Ohio, and Tennessee. Since the Members of Congress sent their initial letter, cases have emerged in the states of Virginia and Texas.

"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, once again, requested the following information 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 forprosecuting 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?

Co-signers of the letter include Senators Tommy Tuberville (R-AL), Marsha Blackburn (R-TN), Roger Marshall (R-KS), Thom Tillis (R-NC), Rick Scott (R-FL), James Lankford (R-OK), Jim Risch (R-ID), Ron Johnson (R-WI), Kevin Cramer (R-ND), Mike Crapo (R-ID), Cindy Hyde-Smith (R-MS), Josh Hawley (R-MO), Steve Daines (R-MT), Cynthia Lummis (R-WY), Tim Scott (R-SC), Marco Rubio (R-FL), John Thune (R-SD), Shelley Moore Capito (R-WV), Ted Cruz (R-TX), Eric Schmitt (R-MO), John Barrasso (R-WY), Pete Ricketts (R-NE), Katie Britt (R-AL), Deb Fischer (R-NE), Mike Rounds (R-SD), Mike Braun (R-IN), Ted Budd (R-NC), John Hoeven (R-ND), Joni Ernst (R-IA), John Kennedy (R-LA), Roger Wicker (R-MS), and Markwayne Mullin (R-OK), along with Representatives Andy Harris (R-MD-01), Clay Higgins (R-LA-03), Gary Palmer (R-AL-06), Matt Rosendale (R-MT-02), Ralph Norman (R-SC-05), Eli Crane (R-AZ-02), Andy Ogles (R-TN-05), Aaron Bean (R-FL-04), Josh Brecheen (R-OK-02), Nancy Mace (R-SC-01), Bob Good (R-VA-05), Eric Burlison (R-MO-07), Mike Ezell (R-MS-04), Chuck Fleischmann (R-TN-03), Tom Tiffany (R-WI-07), Lauren Boebert (R-CO-03), Claudia Tenney (R-NY-24), Michael Guest (R-MS-03), Diana Harshbarger (R-TN-01), Ben Cline (R-VA-06), Chip Roy (R-TX-21), Barry Loudermilk (R-GA-11), Mary Miller (R-IL-15), Paul Gosar (R-AZ-09), Lance Gooden (R-TX-05), Jeff Duncan (R-SC-03), Harriet Hageman (R-WY-01), Barry Moore (R-AL-02), Mike Collins (R-GA-10), Tim Burchett (R-TN-02), Greg Lopez (R-CO-04), Keith Self (R-TX-03), Brian Babin (R-TX-36), August Pfluger (R-TX-11), Alex Mooney (R-WV-02), Dusty Johnson (R-SD-01), Randy Weber (R-TX-14), Rich McCormick (R-GA-06), and Matt Gaetz (R-FL-01).

A copy of the letter can be found here and below.

Dear Attorney General Garland:

We are deeply concerned by reports of non-citizens registering to vote and voting in federal elections. 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 that 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.

Since the initial letter, several more concerning reports have been released by state officials indicating that a large number of non-citizens appear on their voter rolls. For example, the Virginia Attorney General recently announced that 6,303 non-citizens were identified on and removed from Virginia's voter rolls in 2022 and 2023. In another troubling report released in August, over 6,500 non-citizens registered to vote in Texas were identified and removed from voter rolls. Of the 6,500 non-citizens identified, 1,930 had a voter history.

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 electionsand the democratic process they represent, but also has the potential to reduce Americans' trust and confidence in election results.

Accordingly, we respectfully reiterate the July 12 request for information on your Department's enforcement efforts. The initial deadline for providing this information was July 26, 2024, so the response is now 9 weeks overdue.

Please provide responses to the following no later than 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 forprosecuting 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?

Thank you for your attention to this matter and we look forward to your prompt reply.

Sincerely,

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