Illegal voting charges have been filed against Andrés Garcia, a 64-year-old Cuban-born lawful permanent resident accused of casting ballots in the November 2022 and November 2024 federal elections.
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Illegal Voting Update
U.S. Citizenship and Immigration Services said October 9, 2026, that Garcia was arrested after being charged with two counts of unlawfully voting as a noncitizen.
The case was announced by the U.S. Attorney’s Office for the Western District of Missouri, which said Garcia is presumed innocent unless prosecutors prove the allegations in federal court.
The alleged charges remain unresolved.
What prosecutors allege
According to the federal case announcement, Garcia was born in Cuba to Cuban parents and immigrated to the United States during childhood.
The allegations concern conduct that prosecutors say occurred after he settled in Missouri.
He applied for and received lawful permanent resident status in 2009, according to the government.
Before obtaining permanent resident status, Garcia allegedly registered to vote in Cass County, Missouri, in 2004.
Prosecutors say that registration became part of the case.
Federal officials say he later registered again in 2013 while knowing that he was not a U.S. citizen.
The government alleges that Garcia voted regularly over roughly two decades, participating in at least 15 elections, including at least 13 federal elections.
The two criminal counts focus on alleged voting in the November 2022 and November 2024 federal elections.
Prosecutors describe those allegations as illegal voting by a noncitizen.
The charges are allegations contained in an indictment and are not a finding that Garcia committed a crime.
Why lawful permanent residents cannot vote in federal elections
Lawful permanent residents, commonly known as green card holders, may live and work permanently in the United States but do not have the right to vote in federal elections.
That restriction is central to the government’s illegal voting theory.
Federal elections include contests for president, the U.S. Senate and the U.S. House of Representatives.
USCIS also said lawful permanent residents are not permitted to vote in Missouri state or local elections.
The agency’s guidance distinguishes lawful residency from eligibility to avoid illegal voting.
The voting restriction is separate from other rights that permanent residents may have, including the ability to work lawfully and apply for naturalization after meeting eligibility requirements.
Registering to vote can also create immigration complications when a person is not eligible to participate or falsely represents that they are a U.S. citizen.
Those consequences can extend beyond the allegation itself.
In Garcia’s case, prosecutors allege that he claimed to be a U.S. citizen when registering in both 2004 and 2013.
Potential penalties in the Missouri case
Each charged count carries a maximum statutory penalty of up to one year in prison and a fine of as much as $100,000, according to USCIS and the Justice Department.
The alleged illegal voting charges carry those statutory limits.
Those are maximum penalties established by federal law, not a prediction of the sentence Garcia would receive if convicted.
Any sentence would be imposed by a judge after considering the federal sentencing guidelines and other statutory factors.
The federal court process will determine whether the government can prove the charges beyond a reasonable doubt.
The illegal voting case therefore remains subject to the normal criminal process.
Garcia is entitled to the presumption of innocence throughout the case.
How the investigation was conducted
Homeland Security Investigations investigated the case with assistance from USCIS.
The illegal voting investigation involved both agencies.
The U.S. Attorney’s Office for the Western District of Missouri is prosecuting the matter.
The case is part of a series of recent federal announcements involving allegations that noncitizens voted in federal elections.
Each illegal voting allegation must be assessed on its own facts.
Those cases involve different defendants and jurisdictions, and each must be evaluated separately based on its own allegations and evidence.
The Justice Department’s Western District of Missouri identified the matter as involving both immigration and voting enforcement.
It characterized the illegal voting matter as part of that enforcement work.
What the case means for green card holders
Green card holders should not register to vote or cast ballots in federal elections unless they have become U.S. citizens and are otherwise eligible under applicable election rules.
Avoiding illegal voting protects both voting eligibility and immigration status.
Permanent residents who receive voter-registration materials should carefully review the eligibility requirements before completing any form.
This can help prevent an illegal voting problem caused by an incorrect registration.
Signing a registration application that falsely claims U.S. citizenship can create more serious consequences than mistakenly appearing on a voter list.
People who are unsure whether they are eligible to vote should seek advice from a qualified immigration or election-law attorney before registering or voting.
A person who previously registered or voted while ineligible may also wish to obtain individualized legal advice before contacting government agencies or submitting additional forms.
Immigration questions can depend on the person’s status, intent, voting history and the exact language used on registration or ballot documents.
What happens next
Garcia will face the federal criminal process in the Western District of Missouri.
The government must present evidence supporting the indictment, and the case may proceed through an initial appearance, pretrial litigation and further court hearings.
If the case goes to trial, a federal jury would decide whether prosecutors have proved the charges.
If Garcia enters a plea or reaches another resolution, the court would address the consequences under applicable federal law.
Neither the arrest nor the indictment establishes guilt.
USCIS urged the public to report suspected immigration benefit fraud or abuse through its official tip process, but an allegation should not be treated as proven without a court determination.
Key dates in the allegations
| Date | Event |
|---|---|
| 2004 | Garcia allegedly registered to vote in Cass County, Missouri. |
| 2009 | Garcia received lawful permanent resident status, according to the government. |
| 2013 | He allegedly registered again while claiming to be a U.S. citizen. |
| November 2022 | Prosecutors allege Garcia voted in a federal election. |
| November 2024 | Prosecutors allege Garcia voted in another federal election. |
| October 6, 2026 | The Western District of Missouri announced the arrest and charges. |
| October 9, 2026 | USCIS published its news release describing the case. |
Frequently Asked Questions
Can a lawful permanent resident vote in a federal election?
No. Lawful permanent residents are not eligible to vote in federal elections unless they first become U.S. citizens and otherwise meet applicable voting requirements.
What charges does Andrés Garcia face?
He faces two federal counts alleging that he unlawfully voted in the November 2022 and November 2024 federal elections while not being a U.S. citizen.
What is the maximum penalty for each charge?
According to USCIS and the Justice Department, each count carries a maximum of up to one year in prison and a fine of up to $100,000.
Has Garcia been found guilty?
No. The charges are allegations, and Garcia is presumed innocent unless the government proves guilt beyond a reasonable doubt in court.
Fact-Checked: Key facts were checked against the USCIS release dated October 9, 2026 and the Western District of Missouri Justice Department announcement dated October 6, 2026. ([justice.gov](https://www.justice.gov/usao-wdmo/pr/lawful-permanent-resident-cuba-arrested-unlawful-voting-alien?utm_source=openai))
Disclaimer: This article summarizes official allegations and does not establish guilt or provide individualized legal advice.
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