Immigration authorities arrested a Cuban lawful permanent resident in Missouri after federal prosecutors charged him with voting in the November 2022 and November 2024 elections while allegedly knowing he was not a U.S. citizen.
The immigration case concerns alleged violations of federal voting law.
U.S. Immigration and Customs Enforcement’s Homeland Security Investigations unit in Kansas City arrested Andres Garcia on October 6, 2026, according to the Department of Homeland Security and the U.S. Attorney’s Office for the Western District of Missouri.
The arrest followed an immigration investigation into his voting history.
The case centers on whether Garcia knowingly voted in federal elections despite lacking U.S. citizenship, an immigration-related issue covered by federal law.
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What federal prosecutors allege
Garcia, 64, was charged with two counts of voting by an alien in connection with ballots cast during the November 2022 and November 2024 elections.
Federal officials allege that Garcia registered to vote in Cass County, Missouri, in 2004, before he became a lawful permanent resident.
Authorities further allege that he claimed to be a U.S. citizen when registering in 2004 and again in 2013, even though he knew he was not a citizen.
Those allegations could affect the government’s assessment of his immigration status.
The Justice Department said Garcia voted regularly over roughly two decades in at least 15 elections, including at least 13 federal elections.
The two charges announced in October focus specifically on the 2022 and 2024 federal elections.
The DHS announcement identified the defendant as Andres Garcia, while the Western District of Missouri described him as Andre’s Garcia in its release.
Why lawful permanent residents cannot vote in federal elections
A lawful permanent resident, commonly called a green card holder, may live and work in the United States but does not have the right to vote in federal elections unless the person later becomes a U.S. citizen through naturalization or another lawful immigration process.
Federal law generally prohibits a noncitizen from voting in an election held partly or entirely to choose candidates for president, vice president, Congress or other listed federal offices.
The law contains limited exceptions for elections in which noncitizens are legally permitted to vote on separate state or local matters and cannot vote for federal candidates on the same ballot.
Missouri’s Constitution separately states that only U.S. citizens who meet the state’s other voter qualifications are entitled to vote in elections conducted by the state.
The Western District of Missouri said lawful permanent residents are not permitted to vote in federal elections and are not permitted to vote in state or local elections in Missouri.
Garcia’s immigration and residency history
According to DHS, Garcia entered the United States through Florida in September 1969.
The agency said he later applied for lawful permanent resident status in February 2009.
The application was part of his immigration records.
His application was approved in July 2009, with the government backdating the status to August 2006, according to the release.
DHS characterized his original entry as illegal and said he later obtained permanent resident status.
The agency’s statement also connected the approval to the Obama administration, but the current charges concern alleged voting conduct rather than the circumstances of his immigration application.
Potential penalties if convicted
Under 18 U.S.C.
Section 611, a person who unlawfully votes in a covered federal election may face a fine, imprisonment of up to one year, or both.
The Justice Department said Garcia could face a maximum sentence of up to one year in prison and a fine of up to $100,000 on each charge.
A conviction could also affect his immigration status.
Those figures are statutory maximums rather than a prediction of the sentence Garcia would receive if convicted.
Any sentence would be determined by a federal judge after considering the advisory sentencing guidelines and other factors required by law.
The allegations also could create immigration consequences because a criminal conviction may affect a permanent resident’s eligibility to remain in the United States, seek naturalization or defend against removal proceedings.
The available announcements do not state whether the government has begun separate removal proceedings or whether Garcia’s permanent resident status has been revoked.
They also do not describe any separate immigration proceedings.
The case remains unresolved
The charges are allegations, and Garcia is presumed innocent unless the government proves guilt beyond a reasonable doubt in court.
The Justice Department emphasized that evidence supporting the charges must be presented to a federal trial jury.
The public releases do not say whether Garcia has entered a plea, whether he remains in custody or whether a detention hearing has occurred.
The immigration case therefore remains unresolved on those points.
Special Assistant U.S. Attorney Michael J.
Nichols is prosecuting the case, according to federal officials.
HSI investigated the matter with the U.S. Attorney’s Office for the Western District of Missouri.
How the federal voting charge works
For a conviction under the federal voting statute, prosecutors generally must prove that the defendant was not legally entitled to vote and knowingly participated in a prohibited federal election.
The government’s allegations about voter registration may be relevant to showing knowledge, but registration alone is distinct from the act of casting a ballot.
The two charges announced in this case relate to alleged votes in 2022 and 2024, while the government’s broader description of earlier elections provides investigative context.
Whether Garcia actually cast each alleged ballot, understood his legal status and made the required citizenship representations will be matters for the criminal proceedings.
His immigration status may be relevant to some of those questions.
What the arrest means for other noncitizens
Noncitizens, including lawful permanent residents, should not register to vote or cast ballots in federal elections unless they have become U.S. citizens and otherwise meet applicable voter requirements.
These immigration rules do not replace ordinary voter-eligibility requirements.
People who are uncertain about their eligibility should obtain advice from an election authority or qualified immigration attorney before registering or voting.
Signing a voter registration form or ballot-related declaration that falsely claims U.S. citizenship can create consequences beyond the immediate election issue.
Those consequences may include criminal exposure, problems with naturalization and possible immigration enforcement action, depending on the facts and applicable law.
Voter eligibility rules can differ for particular local elections in some jurisdictions, but Missouri’s constitutional rule limits voting in state elections to U.S. citizens.
What happens next in the Missouri case
The next steps are expected to take place in federal court in the Western District of Missouri.
Garcia will have the opportunity to contest the charges, review the government’s evidence and be represented by counsel.
Prosecutors must establish the elements of each count at trial unless the case is resolved through another court-approved process.
The government has not announced a conviction, sentence or final immigration ruling in the case.
Additional court filings could clarify the specific ballots at issue, the evidence supporting the allegations and Garcia’s custody or plea status.
Until those proceedings are completed, the arrest should be understood as an enforcement action based on criminal allegations, not a final finding of guilt in the immigration case.
Frequently Asked Questions
Who was arrested in the Missouri voting case?
HSI arrested Andres Garcia, a 64-year-old Cuban lawful permanent resident, on October 6, 2026, according to federal officials.
What is Garcia accused of doing?
Federal prosecutors charged Garcia with two counts of voting by an alien in connection with the November 2022 and November 2024 elections.
Can lawful permanent residents vote in federal elections?
No. Lawful permanent residents generally cannot vote in federal elections unless they have become U.S. citizens and otherwise qualify to vote.
Has Garcia been convicted?
No. The charges are allegations, and Garcia remains presumed innocent unless prosecutors prove the case in court.
Fact-Checked: Key details were checked against the DHS announcement, the Western District of Missouri U.S. Attorney’s Office release, 18 U.S.C. § 611 and Missouri’s constitutional voter-qualification provision.
Disclaimer: This article provides general news information and is not legal or immigration advice.
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