Green card, no vote: Two Indians face US election fraud charges

US election rules under scrutiny after 28 green card holders charged

Two Indian nationals, Amandeep Kaur, 30, and Kamlesh Shah, 67, are among 28 lawful permanent residents charged with alleged election-related offences in California, according to the US Department of Justice (DOJ). The charges relate to allegedly registering to vote or casting ballots in US elections despite not being US citizens. 

 

The charges were announced on October 19 as part of “Operation Protect the Vote”, a coordinated enforcement initiative involving all four US attorney’s offices in California. Federal authorities said 11 of the 28 accused were arrested in early-morning operations across the state. The DOJ's announcement did not establish whether Kaur and Shah were among those arrested. 

  

The allegations are criminal charges, not findings of guilt. The case also comes amid a wider dispute between the Trump administration and California officials over the federal government's claims that thousands of potentially ineligible people appear on the state's voter rolls.

 

What are the allegations against the two Indian nationals?

According to the DOJ, Shah, a resident of Sacramento, allegedly registered to vote on the day of the November 2024 US general election and cast a ballot that day.

 

Kaur, a resident of Rancho Palos Verdes who is seeking US citizenship, allegedly registered to vote in December 2022 and cast a ballot in the November 2024 election. The department has said that the two are among the 28 green card holders charged in the case. 

 

The charges include allegations involving false statements in naturalisation applications and fraudulent voter registration. The DOJ said the defendants appeared on a list of more than 20,000 people it had identified as likely non-citizen registrants and shared with California election officials. That list is part of a separate, broader dispute over voter eligibility and should not be interpreted as proof that every person identified committed an offence. 

 

Can green card holders vote in US elections?

No. A green card allows a foreign national to live and work permanently in the United States, but it does not confer US citizenship or the right to vote in federal elections.

 

California's Secretary of State lists US citizenship as a basic requirement for voter registration. Applicants must also be California residents and meet the applicable age and other eligibility requirements. The state's registration process requires applicants to affirm their US citizenship. 

 

Federal law also prohibits non-citizens from voting in elections held to choose the US president, vice-president and members of Congress. Under Section 611 of Title 18 of the US Code, unlawful voting by a non-citizen can carry a fine, imprisonment of up to one year, or both. Certain other election contests may be governed by separate state or local rules, but that does not permit non-citizens to vote for federal offices. 

 

What penalties could the accused face?

The DOJ said the charges in the California cases include making false statements in naturalisation applications and, in some cases, fraudulent voter registration. The department said the felony charges carry a maximum penalty of five years in federal prison. The precise charges and potential penalties depend on the allegations against each defendant. 

 

The distinction between the charges matters. Allegedly voting unlawfully, registering fraudulently and making false statements in an application for citizenship are separate forms of conduct and may attract different penalties under different statutes.

 

For people applying for naturalisation, an allegation involving a false statement can also raise questions about their eligibility for citizenship. However, the consequences for any individual will depend on the evidence, the charges ultimately pursued and the outcome of the legal proceedings.

 

Why has California become the focus of the investigation?

The arrests come just weeks before the November 3, 2026, US midterm elections, in which voters will choose members of Congress and decide a range of state and local contests.

 

On October 15, the DOJ sued California, asking a federal court to prevent the state from counting mail-in ballots associated with more than 20,000 people whom federal authorities believe may be non-citizens, until their immigration status can be verified. The department said it identified the individuals by comparing publicly available voter-registration information with federal government databases.

 

The dispute escalated after federal officials said California had not agreed to set aside the ballots while the eligibility of the individuals was checked. California conducts elections by mail and sends ballots to registered voters. The federal government is seeking court intervention to ensure that ballots it considers potentially ineligible are not counted. 

 

The list of more than 20,000 people is, however, a list of individuals the federal government considers likely non-citizens. It is not a judicial finding that every person on the list registered unlawfully or voted illegally.

 

What does California say?

California officials have disputed the federal government's broader claims and defended the state's election safeguards.

 

California Attorney General Rob Bonta said there was no widespread voter fraud in the state, while acknowledging that individual cases could occur. Secretary of State Shirley Weber has also criticised the federal government's attempts to obtain voter data and said the state's safeguards against non-citizen voting were robust. 

 

There is also a concern about the accuracy of citizenship checks. Reuters reported that voting-rights advocates have warned that outdated federal immigration records could wrongly flag some naturalised US citizens as non-citizens. A person who has become a US citizen through naturalisation is eligible to register to vote if they meet the other requirements; an immigration database that has not been updated may not accurately reflect that person's current status. 

 

An Associated Press report on the California arrests noted that non-citizen voting is considered rare and has not been shown to change election outcomes. Reuters reported on October 15 that its review of prosecutions under the federal law criminalising non-citizen voting had found 129 people prosecuted since the statute was enacted in 1996. Reuters also cited research indicating that instances of non-citizen voting are rare relative to the country's overall electorate. 

 

The DOJ, meanwhile, has stepped up investigations and prosecutions. It said on October 19 that it had charged 28 people in California in the latest operation. AP reported that the department had charged 113 people across 20 states with illegal voting or registration offences over the preceding seven weeks. These figures describe enforcement activity, not the total number of people proven to have voted unlawfully. 

 

What happens next?

The 28 defendants will face criminal proceedings, where prosecutors will have to establish the allegations against each person. The DOJ's announcement said the 11 people arrested were expected to make initial appearances in federal courts on October 19, with no pleas to be taken at those appearances. 

 

Separately, the federal lawsuit against California will determine whether the state can be compelled to set aside or verify ballots linked to the people identified by federal authorities. The outcome could affect the balance between federal election-enforcement efforts and states' responsibility for administering elections.

 

For the two Indian nationals, the central issue is whether prosecutors can prove the specific allegations against them. Their status as green card holders does not itself constitute an offence; the allegations concern their reported registration and voting activity.