Grand Theft America

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DHS counsel orders ICE to pursue deportation of unlawful voters, no conviction required

General Counsel James Percival’s June 9, 2026 memo directs ICE attorneys to use the removability grounds for unlawful voting and false claims to citizenship “to the maximum extent allowed by law.”

Date
Memo
DHS General Counsel James Percival to ICE's Principal Legal Advisor
Status
Underway
Standard
No criminal conviction required; no proof of specific intent, per the Board of Immigration Appeals

What happened

On June 9, 2026, DHS General Counsel James Percival directed ICE attorneys to invoke the removability grounds for unlawful voting and false claims to U.S. citizenship to the maximum extent allowed by law. The memorandum went to ICE’s Principal Legal Advisor.

DHS said a criminal conviction is not required to invoke the provisions, which allow removal of aliens lawfully in the United States who illegally participate in elections. Removal proceedings can begin without a criminal case against the person.

Percival wrote that the Board of Immigration Appeals has held these grounds do not require proof of specific intent, and that illegal voting by aliens dilutes the votes of American citizens and must have consequences.

Who benefited

DHS and ICE can start removal cases against lawfully present noncitizens over voting without waiting for a criminal case. The memo tells ICE attorneys to use the Immigration and Nationality Act’s grounds to the maximum extent allowed by law.

Who wanted something

DHS wanted illegal voting by noncitizens to carry consequences, in Percival’s words, and chose deportation as the consequence. The memo says such voting dilutes the votes of American citizens. The memo says such voting dilutes the votes of American citizens, and it tells ICE attorneys to use the removal grounds to the maximum extent allowed by law.

Who lost out

Lawfully present noncitizens accused of unlawful voting or of a false claim to citizenship can be put into removal proceedings with no conviction and no proof of intent. The memo says the Board of Immigration Appeals has held these grounds do not require specific intent.

Why it matters

Removal over an alleged voting offense no longer waits on a criminal case. DHS’s counsel told ICE’s attorneys on June 9, 2026 to use the provisions to the maximum extent allowed by law. The memo is the instruction, and the status is Underway.

Sources Department of Homeland Security (primary)Immigration Policy Tracking ProjectFox NewsThe Epoch Times