US Judge Rules Law Criminalizing Noncitizen Voting Unconstitutional

A US judge has declared a law that criminalizes noncitizen voting unconstitutional, delivering a setback to the Trump administration's efforts to highlight alleged election fraud. The ruling by US District Judge David Leibowitz in Miami applies specifically to the case of Chelsea Cox, a Florida resident charged with illegally voting in the 2020 election.

Leibowitz's decision, issued Thursday, is not binding on other courts but marks a significant challenge to the 1996 law. The Justice Department had charged at least 60 individuals with noncitizen voting since January 2025, a key component of the administration's focus on election integrity.

The judge reasoned that under the US Constitution, only states have the authority to set voter qualifications, not Congress. While all states require US citizenship for voting, Leibowitz stated that enforcing this requirement falls to the state of Florida, not the federal government.

"Can the State of Florida prohibit and punish the exact conduct Defendant Cox allegedly engaged in here? This has already been decided elsewhere and is not addressed here: Florida can and does," Leibowitz wrote. Cox's attorney, Bruce Udolf, welcomed the ruling and urged the government to drop further action against his client.

Cox, a Jamaican national, entered the US in 1999 and remained after her visa expired. She allegedly used a fraudulent birth certificate from the US Virgin Islands to obtain a Florida driver's license and subsequently registered to vote in 2012. Records indicate she voted in federal elections between 2012 and 2020, with only the 2020 vote falling within the statute of limitations for federal prosecution.

The Justice Department argued in court filings that Congress is best positioned to handle immigration and foreign affairs, including election interference. Federal prosecutors stated that "Foreign interference in elections is clearly within the purview of Congress."

Approximately 45 noncitizen voting cases are currently pending nationwide, and at least four other defendants have raised similar challenges to the law. Judges in these cases may consider Leibowitz's reasoning, though they are not bound by it.

Critics of the Trump administration's focus on noncitizen voting argue that it exaggerates a rare problem and could undermine public confidence in election outcomes. A Reuters investigation published in July found that of the 129 individuals charged with violating the "voting by an alien" law, none were accused of conspiring to sway an election, supporting a candidate, or accepting payment for a vote. The investigation also suggested that many accused were lawful permanent residents who mistakenly registered or were misadvised by election or government officials.

Illegal voting can be grounds for deportation. Cox's attorney expressed hope that deportation proceedings would not be pursued, citing her declining health.

President Trump has previously asserted, without providing evidence, that large numbers of noncitizens are registered to vote in several states. In a separate instance, New Jersey Governor Mikie Sherrill reported that approximately 400 noncitizens voted in that state due to a software error that incorrectly registered about 6,600 individuals. The Justice Department has requested the names, nationalities, and addresses of those voters.