jazzup

However, I still think you're going too far by claiming there's no consequences while literally linking to attempted convictions.

I agree. I think he seriously underestimates the risks. If the person is here unlawfully, they have now caught the attention of the authorities and are more likely to be subjected to removal proceedings. If they are here lawfully, they now become deportable and, even if not removed for some reason, may decrease their chances at obtaining a green card or naturalization, depending on the circumstances. All of that on top of the criminal penalties.

and according to the law deporting them isn't on the table for attempting to vote illegally (check the second link)

I’ll repeat here what I said to you above in case others didn’t see my earlier comment and think your assertion is accurate:

Deportation is absolutely a risk for unlawful voting.

If the non-citizen is here unlawfully, they are always subject to deportation if ICE becomes aware of them, which may happen by referral during a criminal prosecution.

Even if they are here lawfully, they become deportable if they vote unlawfully per 8 USC 1227(6)(A): "Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable."

The reason "deportation" is not mentioned in the press release you cite is because removal is a separate proceeding, not part of the criminal proceeding (which is what the press release is about). They have to be convicted of the crime first, and then removal proceedings can be initiated.

Even if removal proceedings are not brought against them for some reason, they will still potentially suffer consequences for a conviction (in addition to the criminal punishment). For example, unlawful voting may prevent naturalization of a lawful non-citizen under 8 USC 1427 because they do not have the requisite good moral character.

Moreover, if they falsified documents to vote unlawfully, they may be found to have committed an aggravated felony, which means they face expedited removal proceedings, they can never get a green card, never become naturalized, can not be eligible for asylum, and can never reenter the US. See 8 USC 1158, 1182, & 1228.

Like I said in a previous response to you, removal is definitely on the list for unlawful voting. It is just a separate proceeding from the criminal prosecution. If prison time is warranted for a crime, time is typically served before removal proceedings are initiated.

Here is a case where a green card holder was being deported when, at least according to her, she mistakenly believed she was allowed to vote when she could not: https://www.nbcnews.com/nightly-news/peru-native-who-voted-illegally-two-u-s-elections-now-n746721

If her account is true, that looks like a lot of ignorance on both sides to me, not necessarily malice or gross stupidity.

Deportation is absolutely a risk for unlawful voting.

If the non-citizen is here unlawfully, they are always subject to deportation if ICE becomes aware of them, which may happen by referral during a criminal prosecution.

Even if they are here lawfully, they become deportable if they vote unlawfully per 8 USC 1227(6)(A): "Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable."

The reason "deportation" is not mentioned in the press release you cite is because removal is a separate proceeding, not part of the criminal proceeding (which is what the press release is about). They have to be convicted of the crime first, and then removal proceedings can be initiated.

Even if removal proceedings are not brought against them for some reason, they will still potentially suffer consequences for a conviction (in addition to the criminal punishment). For example, unlawful voting may prevent naturalization of a lawful non-citizen under 8 USC 1427 because they do not have the requisite good moral character.

Moreover, if they falsified documents to vote unlawfully, they may be found to have committed an aggravated felony, which means they face expedited removal proceedings, they can never get a green card, never become naturalized, can not be eligible for asylum, and can never reenter the US. See 8 USC 1158, 1182, & 1228.

The Supreme Court has specifically made this point: The President “may not disregard limitations that Congress has, in proper exercise of its own war powers, placed on his powers.” Hamdan vs Rumsfeld (2006).

Just because the President is commander-in-chief does not mean he has plenary power over everything related to the military and it’s use.