Kenyans in US Face Deportation Risk as Homeland Security Issues New Order

The US Department of Homeland Security has released a new directive compelling the country’s immigration authority to take aggressive measures against deportation proceedings against non-citizens found guilty of illegal voting in the American electoral process.

In his memo released on June 9, 2026, DHS’s General Counsel, James H. Percival II, directed Charles Wall, the Principal Legal Advisor, to be zealous in enforcing immigration laws against non-citizens involved in any form of illegal voting.

The memo entitled “Zealous Enforcement of Removability Charges Related to Illegal Voting” highlights the negative effects of illegal voting on American democracy.

“The importance of free, fair, and honest elections is without question. Echoing the words of the President, ‘[t]he right of American citizens to have their votes properly counted and tabulated, without illegal dilution, is vital to determining the rightful winner of an election.’ Illegal voting by aliens dilutes the votes of American citizens and undermines our democracy. It must have consequences,” the memorandum states.

Administration Cites Election Integrity Concerns

The directive references Executive Order No. 14248, Preserving and Protecting the Integrity of American Elections, signed on March 28, 2025, which seeks to strengthen election safeguards and prevent unlawful participation in the electoral process.

According to the memorandum, President Donald Trump directed federal agencies to intensify efforts aimed at verifying voter eligibility, improving voting systems, enhancing information-sharing mechanisms and pursuing criminal prosecution where unlawful voting is detected.

“In support of this declared policy of the Administration ‘to enforce federal law and to protect the integrity of our election process,’ President Trump directed actions across the federal government, including with regard to verifying voter eligibility, grant administration, information-sharing, enforcing federal integrity laws, improving voting systems, and criminal prosecution of unlawful voting by aliens,” the memo says.

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Deportation Grounds Expanded

The memorandum notes that U.S. Immigration and Customs Enforcement (ICE) and the Office of the Principal Legal Advisor (OPLA) already possess legal tools that can be used to remove non-citizens who violate election laws.

“Although not specifically addressed in the President’s executive order, U.S. Immigration and Customs Enforcement, and the Office of the Principal Legal Advisor (OPLA) in particular, have long had at its disposal important tools to ensure consequences attach to unlawful voting and related conduct by aliens,” the document states.

Further, the memo cites provisions of the Immigration and Nationality Act that authorize deportation for immigrants who vote unlawfully or falsely claim U.S. citizenship.

“The Immigration and Nationality Act directs the removal of aliens who vote illegally or make a false claim to U.S. citizenship, which often go hand-in-hand,” the memorandum reads.

Federal officials also clarified that these provisions can apply even to immigrants who are legally present in the United States.

“Because these grounds include deportability grounds, these provisions allow the removal of even lawfully present aliens when they illegally participate in our elections,” DHS added.

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No Criminal Conviction Required

One of the most significant aspects of the directive is its assertion that a criminal conviction is not necessary for immigration authorities to pursue removal proceedings.

“Notably, the Board of Immigration Appeals has determined that these removability grounds do not require specific intent by the alien. Further, a criminal conviction is not required to invoke these provisions,” the memo states.

The directive cites previous Board of Immigration Appeals decisions as legal justification for the policy shift, signaling that immigration courts may increasingly see cases linked to alleged unlawful voting.

In concluding the memorandum, Percival instructed government attorneys to make maximum use of the available legal provisions.

“In light of the importance of these laws and their role in ensuring fair elections, I expect OPLA attorneys to invoke these provisions in removal proceedings to the maximum extent allowed by law,” Homeland Security concluded.

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