Justice Department · Tuesday, October 20, 2026
Justice Department charges 28 green-card holders with illegal voting
The File desk · Oct. 20, 2026, 6:44 a.m. ET
Confirmed2 primary sources
Status
- ConfirmedThe department said agents in California arrested 11 of 28 lawful permanent residents charged in criminal complaints with election-related crimes.
- ConfirmedThe same day, Gaye Tyndale-Simpson, 55, pleaded guilty in New Jersey to voting in the November 2024 federal election. Sentencing is Feb. 24, 2027.
Legal instrument
Voting by an alien in a federal election
Federal law makes it a crime for a non-citizen to vote in a federal election, and a crime to falsely claim citizenship in order to register or vote. The charging release does not cite a statute section.
Legal instrument
18 U.S.C. § 611
Makes it a federal crime for a noncitizen to vote in an election for President, Vice President, or Congress, with narrow exceptions written into the statute. The penalty is a fine, up to a year in prison, or both.
Legal instrument
United States v. California, No. 2:26-cv-12025
A civil complaint the Justice Department filed on Oct. 15, 2026, in federal court in Los Angeles. It alleges that more than 20,000 likely noncitizens are on California's voter list and asks a judge to set their mail ballots aside until citizenship is checked. Those are allegations. This desk did not open an answer from the state.
Legal instrument
Voting by an alien in a federal election
Federal law makes it a crime for a non-citizen to vote in a federal election, and a crime to falsely claim citizenship in order to register or vote. The charging release does not cite a statute section.
How we know
Notes
- 1.Justice Department Office of Public Affairs, “Justice Department Charges 28 Foreign Nationals in California for Election Crimes,” Oct. 19, 2026, re-opened for this edition. https://www.justice.gov/opa/pr/justice-department-charges-28-foreign-nationals-california-election-crimes “Federal law enforcement throughout California today arrested 11 foreign nationals living in the United States who are among 28 total charged in criminal complaints.” “All 28 foreign nationals charged are lawful permanent residents (LPRs), or ‘green card’ holders.” False statements in a naturalization application and fraudulent voter registration “are felonies that carry a maximum penalty of five years in federal prison.” Eastern District defendants are charged with “in a federal election, a misdemeanor that carries a statutory maximum sentence of one year.” The release names that offense and doesn't print a section number on the page this desk read.
Legal instrument
Voting by an alien in a federal election
Federal law makes it a crime for a non-citizen to vote in a federal election, and a crime to falsely claim citizenship in order to register or vote. The charging release does not cite a statute section.
is the federal statute forLegal instrument
18 U.S.C. § 611
Makes it a federal crime for a noncitizen to vote in an election for President, Vice President, or Congress, with narrow exceptions written into the statute. The penalty is a fine, up to a year in prison, or both.
in a federal election. “The defendants arrested today are expected to make their initial appearances this afternoon in U.S. District Courts. No pleas will be taken today.” Trent McCotter: “Each of the 28 defendants charged today appears on the list of more than 20,000 likely noncitizen registrants we provided to California election officials last week. California refused to look at that list.” Bill Essayli: “California is mailing ballots to noncitizens, and they are refusing to comply with federal law.” “On Oct. 13, the federal government provided a list of these individuals to California … California declined to assist.” The civil case isLegal instrument
Voting by an alien in a federal election
Federal law makes it a crime for a non-citizen to vote in a federal election, and a crime to falsely claim citizenship in order to register or vote. The charging release does not cite a statute section.
. Omar Alexander Muñoz, 72, of Commerce, is accused of registering in September 2019 and voting in 2020, twice in 2022, and in 2024. Giezell Viduya Adawag of Vacaville and Kamlesh Navnitlal Shah of Sacramento are accused of registering on Election Day 2024 and voting that day. “A complaint, indictment, and information merely contain accusations. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.” Charges are allegations; defendants are presumed innocent. This story doesn't print a per-district tally.Legal instrument
United States v. California, No. 2:26-cv-12025
A civil complaint the Justice Department filed on Oct. 15, 2026, in federal court in Los Angeles. It alleges that more than 20,000 likely noncitizens are on California's voter list and asks a judge to set their mail ballots aside until citizenship is checked. Those are allegations. This desk did not open an answer from the state.
- 2.Justice Department, “Illegal Alien Admits to Illegally Voting in Federal Election in New Jersey,” Oct. 19, 2026, re-opened for this edition. https://www.justice.gov/opa/pr/illegal-alien-admits-illegally-voting-federal-election-new-jersey Gaye Tyndale-Simpson, 55, “is a citizen of Jamaica and has never been a citizen of the United States.” She pleaded guilty to one count of in the November 2024 general election, before U.S. Magistrate Rukhsanah L. Singh in Trenton. “The
Legal instrument
Voting by an alien in a federal election
Federal law makes it a crime for a non-citizen to vote in a federal election, and a crime to falsely claim citizenship in order to register or vote. The charging release does not cite a statute section.
charge carries a maximum penalty of up to 6 months in prison and a $100,000 fine. Sentencing is scheduled before Judge Singh on Feb. 24, 2027.” The headline's phrase “illegal alien” is the department's. The story uses the release's sentence that she has never been a U.S. citizen.Legal instrument
Voting by an alien in a federal election
Federal law makes it a crime for a non-citizen to vote in a federal election, and a crime to falsely claim citizenship in order to register or vote. The charging release does not cite a statute section.
What is still unknown or disputed
- The release doesn't say which 11 of the 28 were arrested.
- The outcome of Monday's initial appearances wasn't found.
- A response from the California secretary of state wasn't fetched.
- The department doesn't claim that any vote changed an election result, and this story doesn't.
Primary sources
Every claim in this story is drawn from the documents below. If a fetch failed, that is recorded on the card.
Source 1
Justice Department Charges 28 Foreign Nationals in California for Election Crimes
U.S. Department of Justice · October 19, 2026
Federal law enforcement throughout California today arrested 11 foreign nationals living in the United States who are among 28 total charged in criminal complaints. All 28 foreign nationals charged are lawful permanent residents (LPRs), or green card holders.
https://www.justice.gov/opa/pr/justice-department-charges-28-foreign-nationals-california-election-crimes
Source 2
Illegal Alien Admits to Illegally Voting in Federal Election in New Jersey
U.S. Department of Justice · October 19, 2026
Gaye Tyndale-Simpson, 55, is a citizen of Jamaica and has never been a citizen of the United States. Sentencing is scheduled before Judge Singh on Feb. 24, 2027.
https://www.justice.gov/opa/pr/illegal-alien-admits-illegally-voting-federal-election-new-jersey
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