Miami judge finds federal law on noncitizen voting unconstitutional.
In a landmark decision, a U.S. federal judge has emphasized the primacy of state jurisdiction over voter qualifications, potentially reshaping the landscape of election law ahead of the crucial midterm elections. Judge David Leibowitz’s ruling represents a significant victory for advocates of voter rights, highlighting the legal complexities surrounding allegations of noncitizen voting and setting a precedent for future cases across the nation.
A U.S. federal judge has ruled that a law criminalizing voting by noncitizens is unconstitutional, marking a pivotal moment for voting rights ahead of the November midterm elections. U.S. District Judge David Leibowitz, stationed in Miami, dismissed a federal case on Thursday against Chelsea Cox, a Florida resident originally from Jamaica, who faced charges for allegedly voting illegally in the 2020 presidential election. This decision poses a setback for the Trump administration’s ongoing crackdown on perceived election fraud.
Leibowitz, nominated to the bench by former Democratic President Joe Biden, asserted that the U.S. Constitution assigns the authority to establish voter qualifications solely to individual states, not the federal government. In his ruling, he noted that since all states require U.S. citizenship for voting, it falls to Florida—not the Department of Justice—to prosecute Cox for any violations. He highlighted that Florida has its own laws governing this matter, arguing that the state’s existing regulations serve to uphold electoral integrity.
The ruling applies specifically to Cox’s case and does not create binding precedent for other courts. Nonetheless, approximately 45 similar cases are currently pending nationwide, with at least four additional defendants challenging the constitutionality of such prosecutions.
Cox’s immigration history reveals a complex narrative; she entered the U.S. as a tourist in 1999, overstayed her visa, and allegedly utilized a fraudulent birth certificate from the U.S. Virgin Islands to obtain a Florida driver’s license and register to vote in 2012.
Former President Trump has frequently claimed that noncitizen voting—a crime that is already illegal and incredibly rare—cost him the 2020 election. He has portrayed these claims as part of a broader Democratic strategy to undermine Republican support.
Since Trump’s return to office in January 2025, the Department of Justice has charged at least 60 individuals with the offense of voting as noncitizens. Among 129 cases prosecuted since 2021 under the accusation of “voting by an alien,” none involved individuals conspiring to influence an election or receiving compensation for their votes. The majority of those charged were lawful permanent residents who mistakenly registered or acted on erroneous advice from election officials.
Bruce Udolf, Cox’s attorney, praised the judge’s ruling and expressed hope that authorities would refrain from pursuing deportation, particularly considering his client’s declining health condition. This ruling underscores the intricate balance between state and federal authority in the electoral process, emphasizing the importance of protecting the rights of voters regardless of their immigration status.
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