US Judge Rules Federal Noncitizen Voting Statute Unconstitutional, Emphasizing State Authority

Judge Leibowitz’s ruling reinforces state jurisdiction over voter eligibility, curtailing federal enforcement powers.

2 Oct 2026

A US federal judge has ruled that a statute criminalizing voting by noncitizens violates the Constitution, a setback for the Trump administration amid its crackdown on alleged election fraud ahead of November’s midterm elections.

Miami-based US District Judge David Leibowitz dismissed the federal case against Chelsea Cox on Thursday. The Florida resident, originally from Jamaica, had been indicted in October 2025 for voting illegally in the 2020 presidential election.

Judge Leibowitz, appointed to the bench by former President Joe Biden, determined that under the US Constitution, the authority to establish voter qualifications rests solely with individual states, not Congress.

Writing that every state already mandates US citizenship for voting, Leibowitz noted the federal government lacks standing to prosecute Cox for violating that requirement. He stated, “Florida can and does,” pointing out that the state possesses its own statutes addressing the conduct at issue.

While the decision is specific to Cox’s case and does not set binding precedent for other courts, approximately 45 similar cases remain pending across the country, with at least four other defendants mounting comparable constitutional challenges.

Court documents indicate Cox entered the US as a visitor in 1999, remained past the expiration of her visa, and subsequently utilized a fraudulent birth certificate from the US Virgin Islands to secure a Florida driver’s license and register to vote in 2012.

President Trump has repeatedly asserted, without evidence, that noncitizen voting—which is already prohibited and uncommon—cost him the 2020 election, framing the issue as part of a wider Democratic strategy to weaken Republican electoral support.

The Department of Justice has filed charges against at least 60 individuals for the offense since Trump resumed office in January 2025.

According to Reuters, among the 129 individuals charged with “voting by an alien” since 2021, none faced allegations of conspiring to influence an election outcome, endorsing a candidate, or receiving payment to vote. The majority were identified as lawful permanent residents who registered erroneously, often due to mistaken guidance from election officials or government clerks.

Cox’s attorney, Bruce Udolf, welcomed the decision and expressed hope that authorities would refrain from pursuing deportation, citing Cox’s deteriorating health.

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