Federal Case Dismissed: Repercussions for Noncitizen Voting Charges

In a ruling that could impact the Trump administration’s efforts to prosecute noncitizens for voting in U.S. elections, a judge has dismissed a case against a Jamaican national, Chelsea Cox, over alleged illegal voting. The decision by Miami-based U.S. District Judge David S. Leibowitz questions the constitutionality of federal law prohibiting non-U.S. citizens from voting in federal elections.

Judge Leibowitz’s Ruling

Judge Leibowitz in his 31-page order stated that the law 18 U.S.C. § 611, under which Cox was charged, conflicts with the U.S. Constitution. According to Leibowitz, the Constitution reserves the authority to set voter qualifications exclusively to states, not the federal government. Though state prosecutors in Florida may pursue charges against Cox under state laws for illegal voting, the federal case must be dismissed.

This ruling marks the first instance where a court declared the statute unconstitutional, potentially challenging the Justice Department’s efforts to combat alleged noncitizen voting. Election experts have noted that noncitizen voting is rare despite claims by President Trump that it is widespread.

Implications and Appeal

Following Leibowitz’s decision, the Justice Department initiated an appeal. A department spokesperson did not offer immediate comments. The dismissed law addressed misdemeanor charges for noncitizens voting but excluded other regulations regarding false citizenship claims for voting purposes.

Leibowitz labeled the case unusual and critiqued the government for relying on weak constitutional arguments, emphasizing that Congress lacks authority to enact such a statute based on constitutional text and structure.

Response and Next Steps

Cox’s attorney, Bruce Udolf, expressed his client’s gratitude towards the ruling, calling it a huge relief. He noted Cox’s recent medical issues and is collaborating with government officials on future developments regarding her potential deportation.

Cox faced accusations from federal prosecutors over overstaying her tourist visa, acquiring a driver’s license with false documentation, and voting in federal elections since 2012, culminating in charges after the 2020 election.

Constitutional Debate

Prosecutors argued that the federal government has a significant role in overseeing elections and can exclude noncitizens from voting. However, Leibowitz sought expert analysis from Paul Clement, a former solicitor general, who agreed that the law likely exceeded constitutional limits. Clement’s brief emphasized states’ responsibilities in deciding voter qualifications.

Though historically some states allowed noncitizen voting, none currently permit it for federal elections, reinforcing the argument that voter qualifications remain a state-determined issue.