US judge finds law criminalizing noncitizen voting unconstitutional

On October 1, a US judge dismissed a federal case accusing a Jamaican national, Chelsea Cox, of illegally voting, ruling that the law criminalizing noncitizen voting is unconstitutional. The decision by Miami-based US District Judge David Leibowitz, who was appointed by Democratic President Joe Biden, is not binding on other courts.

This marks a setback for President Donald Trump's administration, which has been pushing allegations of election fraud ahead of November's midterm elections. The ruling suggests the first time a federal court has found the 1996 law unconstitutional, with Leibowitz stating that only states can set voter qualifications under the US Constitution.

The Justice Department has charged at least 60 individuals with noncitizen voting since Trump took office in January 2025. The opinion in Leibowitz's ruling emphasizes that Florida, not the Department of Justice, has the authority to prosecute Cox for violating the state's voter qualifications. Trump, who previously claimed fraud cost him the 2020 election, has stated the need for stricter enforcement of documented citizenship for election integrity.

Critics, however, argue that the administration's crackdown on noncitizen voting exaggerates a rare problem and may undermine confidence in election results. The case involves an individual who entered the US as a tourist in 1999, overstaying her visa, and used a fraudulent US Virgin Islands birth certificate and a Florida driver's license to register to vote in 2012.

Cox voted in federal elections from 2012 to 2020, but only the 2020 election falls under the statute of limitations. Despite the ruling, there are still about 45 pending noncitizen voting cases in the country, with four defendants challenging the law on similar grounds. Most of the accused are lawful permanent residents who registered by mistake or were encouraged by election workers or government clerks.

Illegal voting can lead to deportation, and the Trump administration has been investigating and deporting defendants, sometimes years after their criminal cases were closed.