No, Biden didn't (and can't) allow immigrants in US illegally to vote | Fact check

Isabel C. Morales, USA TODAY
Updated ·2 min read

The claim: Biden's executive order allowed ineligible convicts and 'illegal immigrants' to vote

[In Espa?ol: No, Biden no permitió (ni puede permitir) votar a inmigrantes que se están ilegalmente]

A March 13 Instagram post (direct link, archive link) shows President Joe Biden standing in front of a lectern in Brownsville, Texas.

“Biden's executive order would allow ineligible convicts and illegal immigrants to vote," reads the post in Spanish.

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Our rating: False

Experts said the claim is nonsense. Biden has issued no such order, and he does not have the power to decide who votes.

Biden does not have the authority to determine who is eligible to vote

There are no credible reports that Biden issued an executive order about voting.

And experts said the president doesn't have the authority to decide who can vote.

“No, the president does not have power to decide who is eligible to vote and who is not,” Sean Morales-Doyle, director of voting rights from Brennan Center of Justice, told USA TODAY. "Power typically belongs to state legislatures and state constitutions."

Currently, none of the 50 U.S. states allow noncitizens to vote in federal elections, Morales-Doyle said.

Moreover, in 1996, Congress made it illegal for non-citizens to vote in federal elections.

“States theoretically could allow some noncitizens to vote in some circumstances, but it would be unlikely that they would allow them to vote in any election that would affect other states” as federal elections do, Juan-Carlos Planas, a lawyer and professor at St. Thomas University, told USA TODAY.

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According to the claim, Biden’s order would allow ineligible prisoners to vote. However, the right of a convict to vote depends on the laws of the state or territory where they were convicted. Even incarcerated individuals can vote in states such as Maine, Vermont, the District of Columbia and the territory of Puerto Rico, according to the Justice Department.

USA TODAY reached out to the user who shared the post for comment but did not immediately receive a response.

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This article originally appeared on USA TODAY: Biden doesn't have authority on who votes in US elections | Fact check

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