US judge rules law criminalizing noncitizen voting is unconstitutional in blow to Trump
A US judge dismissed a federal case on Thursday that accused a Jamaican national of illegally voting, finding the law criminalizing noncitizen voting was unconstitutional and delivering a blow to the Trump administration’s campaign against alleged election fraud.The ruling by Miami-based US District Judge David Leibowitz applies only to the case of Florida resident Chelsea Cox, who was charged in October 2025 with illegally voting in the 2020 election.It is not binding for judges in other cases.It marks a setback for President Donald Trump’s administration on noncitizen voting, a cornerstone of its push to highlight alleged election fraud ahead of November’s midterm elections.
Republicans are fighting to retain majorities in both houses of Congress.The Justice Department has charged at least 60 people with noncitizen voting since Trump returned to office in January 2025.The ruling by Leibowitz, who was nominated by Democratic President Joe Biden, appears to be the first time a federal court has found the 1996 law a violation of the US Constitution.Leibowitz wrote that under the US Constitution only states can set voter qualifications, not Congress.Every state requires US citizenship to vote, and Leibowitz said it was up to Florida, not the Department of Justice, to prosecute her for violating that requirement.“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.Trump, who falsely claims that fraud cost him the 2020 election, has said stricter enforcement of documented citizenship is needed for election integrity.
His critics say the administration’s highly publicized crackdown on noncitizen voting exaggerates a rare problem and could undermine confidence in election results.Neither the White House nor the Justice Department immediately responded to requests for comment.In a court filing, the Justi...